WEST virginia Legislature
2016 regular session
Introduced
Senate Bill 274
By Senator Walters
[Introduced January
14, 2016; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to civil jurisdiction of magistrate courts; and allowing circuit courts to send cases to magistrate courts.
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 $5,000 $30,000. Circuit courts may send any civil
case where the amount in controversy is $30,000 or less to magistrate
courts for trial. 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
do 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: The purpose of this bill is to raise the civil jurisdiction of magistrate courts to cases where the amount in controversy is $25,000 or less. It also allows circuit courts to send such cases down to magistrate courts.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.