§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 five thousand dollars. 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: WV Code updated with legislation passed through the 2013 1st Special Session
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