West Virginia Code § 50-4-11

Dismissal of actions for lack of jurisdiction
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If at any time a magistrate determines that an action involves a matter outside of or an
amount in excess of the jurisdiction of the magistrate court, the action shall be dismissed
without prejudice. Judgment shall be awarded against the plaintiff in such event for any
costs incurred by defendant. A plaintiff may, at any time before such dismissal, forgive in
writing any amounts which may be in excess of the monetary limitation of thee court's
jurisdiction and confer jurisdiction thereby.

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