OPINION ISSUED OCTOBER 25, 1985
THEODORE D. MOORE, III
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
Claimant filed this action to recover a witness fee and mileage
costs for his appearance in Magistrate Court in Cabell County, West
Virginia, on June 13, 1984. Claimant appeared for the defendant,
Tony Cook, and travelled from Fayetteville, North Carolina, for
Claimant testified that the defendant, Tony Cook, called him as a
witness. He further testified that Mr. Margolin, the defense
attorney, handed him the subpoena. Mr. Alvie Qualls, the Presiding
Magistrate in the Tony Cook case, testified that a defendant may
supply the Court with a financial affidavit verifying the
defendant's inability to pay Court costs. The State of West
Virginia will then pay mileage and attendance fees to a witness for
With regards to the issue of jurisdiction, the law is quite clear
concerning claims which cannot be brought before the Court. West
Virginia Code º14-2-14 provides:
"The jurisdiction of the Court shall not extend to any claim....
With respect to which a proceeding may be maintained against the
State, by or on behalf of the claimant in the Courts of the State."
As Mr. Moore is able to pursue payment of witness fees and mileage
costs through a financial affidavit filed in Magistrate Court, the
claim is disallowed.