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Engrossed Version Senate Bill 238 History

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sb238 eng 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.