H. B. 4365
(By Delegates Eldridge, Rodighiero, Butcher,
Stowers, T. Walker, Stephens, Hall, Shook)
February 5, 2010
; 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 increasing the maximum amount in
controversy in magistrate court from $5,000 to $15,000.
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.
(a) Except as limited herein and in addition to jurisdiction
granted elsewhere to magistrate courts, such courts
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 $15,000.
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 applies
to such actions in
magistrate court. Magistrate courts
have jurisdiction of
actions on bonds given pursuant to the provisions of this chapter.
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
(b) 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.
(c) 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 increase the maximum
amount in controversy in magistrate court from $5,000 to $15,000.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would