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Legal Research Centers of West Virginia |
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West Virginia Court System |
The first level of the West Virginia court system is the Magistrate Courts, which are like small claims courts. That is where most court cases take place. Next are the trial courts called Circuit Courts, and Family Courts which deal with cases involving domestic relations, such as divorce, paternity, child support, grandparent visitation and domestic violence. The highest court in the State is the Supreme Court of Appeals of West Virginia. If someone loses a case in the Circuit Court or Family Court, they can appeal to the Supreme Court of Appeals of West Virginia.
Do
I file my case where I live?
It
depends. You must decide which
county or state is right for your case.
This is called finding the right venue.
The case is usually filed where you live or where the action took place. But
states have different laws. Where
you file your case could affect the outcome, especially in divorce and child
custody cases.
How
do I know which kind of court I need to go to?
That will depend on the type of case and the amount of money involved. If it is a family law matter, like divorce or child support or custody, your case belongs in Family Court. If it is another kind of civil case, you will need to go to Magistrate Court if the amount of money involved is less than $300. If it is more than $5000, then you need to go to Circuit Court. If it’s in between, you can file the case in either Magistrate or Circuit Court.