H. B. 2287
(By Delegates Iaquinta, Skaff and Walters)
[Introduced February 13, 2013; 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 the jurisdiction of magistrate
courts; and increasing the upper jurisdictional amount in
controversy from $5,000 to $12,000.
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
$5,000 $12,000. 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: The purpose of this bill is to increase the upper
jurisdictional amount in controversy in Magistrate Courts from
$5,000 to $12,000.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would