The bill amends the jurisdictional limits of magistrate courts in West Virginia, specifically increasing the maximum amount in controversy for civil actions from the previous limit to a new threshold of $20,000. This change allows magistrate courts to handle a broader range of civil cases, including those involving unlawful entry or detainer of real property, provided that the title to the property is not in dispute. The bill also clarifies that magistrate courts retain jurisdiction over actions related to bonds and can entertain post-judgment motions, with decisions subject to appeal.
Additionally, the bill outlines the authority of magistrates and court clerks, granting them the power to administer oaths, take affidavits or depositions, and acknowledge deeds and other writings under prescribed regulations. However, it maintains that magistrate courts do not have jurisdiction over certain matters, including actions in equity, eminent domain, and cases involving the title to real estate. The bill is set to take effect 90 days after its passage, on July 7, 2025.
Statutes affected: Introduced Version: 50-2-1, 50-4-4a
Committee Substitute: 50-2-1, 50-4-4a
Engrossed Committee Substitute: 50-2-1, 50-4-4a
Enrolled Committee Substitute: 50-2-1