Bill Text: WV HB2287 | 2014 | Regular Session | Introduced
Bill Title: Increasing the jurisdictional amount in controversy in Magistrate Courts
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-09 - To House Judiciary [HB2287 Detail]
Download: West_Virginia-2014-HB2287-Introduced.html
(By Delegates Iaquinta and Walters)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to the jurisdiction of magistrate courts; and increasing the upper jurisdictional amount in controversy from $5,000 to $12,000.
Be it enacted by the Legislature of West Virginia:
That §50-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. JURISDICTION AND AUTHORITY.
§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
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: The purpose of this bill is to increase the upper jurisdictional amount in controversy in Magistrate Courts from $5,000 to $12,000.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.