H. B. 2990
(By Delegate Barker)
[Introduced March 9, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §50-2-1 of the Code of West Virginia,
1931, as amended, relating to increasing the dollar amount in
controversy for magistrate courts to have jurisdiction
involving civil actions from $5,000 to $10,000.
Be it enacted by the Legislature of West Virginia:
That §50-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. JURISDICTION AND AUTHORITY.
§50-2-1. Civil jurisdiction.
Except as limited herein and in addition to jurisdiction
granted elsewhere to magistrate courts, such courts shall have
jurisdiction of all civil actions wherein the value or amount in
controversy or the value of property sought, exclusive of interest
and cost, is not more than five thousand dollars $10,000.
Magistrate courts shall have jurisdiction of all matters involving
unlawful entry or detainer of real property or involving wrongful
occupation of residential rental property, so long as the title to such property is not in dispute. Except as the same may be in
conflict with
the provisions of this chapter,
the provisions of
article three, chapter fifty-five of this code, regarding unlawful
entry and detainer, shall apply to such actions in magistrate
court. Magistrate courts shall have jurisdiction of actions on
bonds given pursuant to
the provisions of this chapter. Magistrate
courts shall have continuing jurisdiction to entertain motions in
regard to post-judgment process issued from magistrate court and
decisions thereon may be appealed in the same manner as judgments.
Magistrate courts shall not have jurisdiction of actions in
equity, of matters in eminent domain, of matters in which the title
to real estate is in issue, of proceedings seeking satisfaction of
liens through the sale of real estate, of actions for false
imprisonment, of actions for malicious prosecution or of actions
for slander or libel or of any of the extraordinary remedies set
forth in chapter fifty-three of this code.
Magistrates, magistrate court clerks, magistrate court deputy
clerks and magistrate assistants shall have the authority to
administer any oath or affirmation, to take any affidavit or
deposition, unless otherwise expressly provided by law, and to
take, under such regulations as are prescribed by law, the
acknowledgment of deeds and other writings.
NOTE: This bill shall increase the dollar amount in
controversy for magistrate courts to have jurisdiction involving
civil actions from $5,000 to $10,000.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.