2.8 Affidavit of Indigency

If the tenants are unable to pay filing fees and court costs, they have the right to file an Affidavit of Indigency which, if granted, will waive some court costs of litigation. The tenants have the right to have the case decided by a jury in either magistrate court or circuit court, but not both. A tenant unhappy with the outcome of litigation in magistrate court may appeal any part of the final decision to the circuit court within 20 days after the judgment is entered. WV R MAG CTS RCP Rule 18.

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