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Introduced Version Senate Bill 238 History

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sb238 intr
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 the monetary limit required to file a suit in circuit court.

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 one thousand dollars. 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.
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(NOTE: The purpose of this bill is to increase the jurisdictional limit for filing suits in circuit court from $300 to $1,000.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)

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JUDICIARY COMMITTEE AMENDMENT


On page two, section two, line one, by striking out the words "one thousand" and inserting in lieu thereof the words "two thousand five hundred".

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