Senate Bill No. 238
(By Senator Kessler)
[Introduced January 16, 2008; referred to the Committee on the
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:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
(a) The circuit court shall have supervision and control of
all proceedings before magistrates, by mandamus, prohibition and
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
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;
(3) Quo warranto;
(5) Crimes; and
(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.
(NOTE: The purpose of this bill is to increase the
jurisdictional limit for filing suits in circuit court from $300 to
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
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".