Adopted by House 3-4-08
SB238 H JUD AM 2-29 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §51-2-2
of said code be amended
and reenacted, all to read as follows:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-8. Removal to circuit court.
At any time before trial in a civil action involving less than
three hundred two thousand five hundred dollars the action may be
removed to circuit court upon the concurrence of all parties and
upon the payment of the circuit court filing fee. At any time
before trial in a civil action involving three hundred two
thousand five hundred dollars or more, any party may, upon payment
of the circuit court filing fee, cause such action to be removed
to the circuit court. All appropriate documents shall then be
forwarded along with such fee to the clerk of the circuit court.
The matter shall then be heard by the circuit court.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
(a) The circuit court shall have supervision and control of
all proceedings before magistrates, by mandamus, prohibition and
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
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;
(3) Quo warranto;
(5) Crimes; and
(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
(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.