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ENGROSSED
Senate Bill No. 238
(By Senator Kessler)
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[Introduced January 16, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §51-2-2 of the Code of West Virginia,
1931, as amended, relating to increasing monetary limit
required to file a suit in circuit court; and clarifying
original and general jurisdiction of circuit courts.
Be it enacted by the Legislature of West Virginia:
That §51-2-2
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of
all proceedings before magistrates, by mandamus, prohibition and
certiorari. They shall except
(b) Except in cases confined exclusively by the constitution
to some other tribunal, the circuit court shall have original and general jurisdiction of all matters at law where the amount in
controversy, exclusive of excluding interest, exceeds three hundred
two thousand five hundred dollars:
Provided, That the
jurisdictional limit on amounts in controversy does not apply to
real estate installment sales contracts.
of all cases of habeas
corpus, mandamus, quo warranto and prohibition; of all cases in
equity, including jurisdiction in equity to remove any cloud on the
title to real property, or any part thereof, or any estate, right
or interest therein, and to determine questions of title with
respect thereto, without requiring allegations or proof of actual
possession of the same; and of all crimes and misdemeanors.
(c) The circuit court shall have original and general
jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(d) The circuit court shall have original and general
jurisdiction in all cases in equity, including jurisdiction in
equity to remove any cloud on the title to real property, or any
part of a cloud, or any estate, right or interest in the real
property, and to determine questions of title with respect to the
real property without requiring allegations or proof of actual possession of the real property.
(e) The circuit court They shall have appellate jurisdiction
in all cases, civil and criminal, where an appeal, writ of error or
supersedeas may be allowed to the judgment or proceedings of any
inferior tribunal.
(f) The circuit court They shall also have such shall also
have any other jurisdiction, whether supervisory, original,
appellate or concurrent, as is or may be prescribed by law.