§51-2-2. Jurisdiction.
(a) The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari.
(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 controversy, excluding interest, exceeds $7,500: Provided, That the jurisdictional limit on amounts in controversy does not apply to real estate installment sales contracts.
(c) The circuit court shall have original and general jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(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 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 shall also have any other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.
Notes of Decisions
State Ex Rel. Silver v. Wilkes, 584 S.E.2d 548 (W. Va. 2003).
· cites it 4× “W.Va. Code § 51-2-2 (1978) similarly states: The circuit court shall have supervision and control of all proceedings before magistrates, by mandamus, prohibition and certiorari.”
Lindsie D.L. v. Richard W.S., 591 S.E.2d 308 (W. Va. 2003).
· cites it 2× “]” W.Va.Code § 51-2-2 (1978). Accordingly, we now hold that the jurisdiction of family courts is limited to only those matters specifically authorized by the Legislature, while circuit courts have original and general jurisdiction and other powers as set forth in Article VIII, §…”
Deitz v. Deitz, 659 S.E.2d 331 (W. Va. 2008).
· cites it 2× “As such, a final order of a family court may be challenged in the circuit court either by a direct appeal to the circuit court or through resort to the circuit court’s original jurisdiction.”
Allen v. Allen, 701 S.E.2d 106 (W. Va. 2009).
· cites it 2× “2d 548 (2003) (“Pursuant to Article VIII, Sections 6 and 16 of the West Virginia Constitution, W.Va.Code § 51-2-2 (1978), and the Family Court statutes, W.”
Estella Robinson v. City of Bluefield, 764 S.E.2d 740 (W. Va. 2014).
· cites it 2× “Code § 50-2-3 (1993); W. Va.Code § 51-2-2 (2008). Both magistrates and circuit judges must complete continuing judicial education courses throughout their terms of office.”
Carey v. Dostert, 406 S.E.2d 678 (W. Va. 1991).
· cites it 2× “VIII, § 6; W.Va.Code § 51-2-2 (1978). In addition, the petitioner’s December 7, 1981, order was premised upon statutory authority.”
Williams v. Skeen, 401 S.E.2d 442 (W. Va. 1990).
· cites it 2× “Conversely, the circuit courts are endowed with jurisdiction “to determine questions of title with respect [to any estate, right or interest therein]_” W.Va. Code § 51-2-2 (1981). Concurring with the general rule, we conclude that the circuit court, as the court with…”
Commonwealth of Pennsylvania v. Consol Energy, Inc., 758 S.E.2d 762 (W. Va. 2014).
· cites it 2× “See W.Va. Code § 51-2-2 (2008). As the federal court found in remanding this case to state court, PFBC’s West Virginia common law causes of action of nuisance, trespass, and negligence were not preempted by the CWA because the claims were asserted under the law of the source…”
Butler v. Tucker, 416 S.E.2d 262 (W. Va. 1992).
“Therefore, the appellants maintain that the Legislature is “regulating” practice before magistrate courts, in violation of Article 6, Section 39 of the West Virginia Constitution.”
State v. Satterfield, 387 S.E.2d 832 (W. Va. 1989).
“Code, 50-5-7 (1976), gives exclusive jurisdiction to a magistrate court once the defendant is charged by warrant in that court with an offense within its jurisdiction, this does not mean that the circuit court has no initial jurisdiction over misdemeanor offenses.”
— W. Va. Code § 51-2-2(a) — 1 case
— W. Va. Code § 51-2-2(b) — 3 cases
— W. Va. Code § 51-2-2(d) — 2 cases
— W. Va. Code § 51-2-2(e) — 1 case
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