2025 Regular Session
HB 2761
Relating generally to magistrate courts
Law
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to expand the jurisdictional limits of magistrate courts, increasing the maximum claim value from $10,000 to $20,000. It also clarifies that corporate entities can appear in magistrate court proceedings through an agent or an attorney, provided they are pursuing their own claims. Furthermore, the bill ensures that magistrates cannot represent any party in these court proceedings.
Key provisions
- Increases the jurisdictional limit of magistrate courts from $10,000 to $20,000.
- Allows corporate parties to appear in magistrate court through an agent or attorney.
- Specifies that corporate appearances must relate to the corporate party’s own claims.
- Prohibits magistrates from acting as agents or attorneys for any party in magistrate court.
- Preserves magistrate court’s authority to handle unlawful entry and detainer cases.
- Clarifies magistrate court’s jurisdiction over bonds given pursuant to chapter 55.
- Allows appeals of magistrate court decisions in the same manner as judgments.
- Defines actions magistrate courts do not have jurisdiction over, including equity matters and eminent domain.
Who is affected
- Magistrate courts
- Individuals involved in civil actions with claims up to $20,000
- Corporate entities
- Magistrate court personnel
- Legal agents and attorneys
Notable changes
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