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Enrolled Version - Final Version Senate Bill 238 History

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sb238 enr
ENROLLED

Senate Bill No. 238

(By Senator Kessler)

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[Passed March 6, 2008; in effect ninety days from passage.]

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AN ACT to amend and reenact §50-4-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2-2 of said code, all relating to increasing the monetary jurisdictional requirement for circuit courts; increasing the monetary jurisdictional amount for removal of a civil suit from magistrate court to circuit court; increasing the monetary jurisdictional amount to file a civil suit in circuit court; and clarifying original and general jurisdiction of circuit courts.

Be it enacted by the Legislature of West Virginia:
That §50-4-8 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 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 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.

§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari.
(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, excluding interest, exceeds two thousand five hundred dollars:
Provided, That the jurisdictional limit on amounts in controversy does not apply to real estate installment sales contracts.
(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 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 shall also have any other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.
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