New Legislation Affects Civil Litigation

New legislation enacted during the 2001 session of the General Assembly is of general interest to all persons involved in civil litigation. Senate Bill 269 removes the $15,000 jurisdictional limit when magistrate court cases are appealed to state or superior court.

Under prior judicial case authority, the damages in any case originating in magistrate court were capped at $15,000 even during the de novo appeal, whether to a state or a superior court. There is a question now whether what amounts to a cap on damages would apply prospectively only to future appeals or cases, brought after July 1, 2001, or retroactively to appeals or cases already filed before July 1, 2001.