SB 742
Relating generally to jurisdiction in magistrate courts
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- Passed Senate
- Passed House of Delegates
- 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 attorney, provided they are pursuing their own claims. Importantly, the bill prohibits magistrates from acting as agents or attorneys for any party in these 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 a corporate party’s appearance through an agent or attorney does not constitute the unlawful practice of law.
- Prohibits magistrates from representing any party in magistrate court proceedings.
- Maintains magistrate court jurisdiction over unlawful entry and detainer matters.
- Preserves magistrate court jurisdiction over bonds given under chapter provisions.
- Allows appeals from 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
- Lawyers
- Magistrates
Notable changes
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