HB 1359

Abstract

Jurisdiction of civil claims; amending amount of claim. Provides that, while a matter is pending in a circuit court, upon motion of the plaintiff seeking to decrease the amount of the claim to within exclusive or concurrent jurisdiction of the general district court, the circuit court shall order transfer of the matter to the general district court having jurisdiction over the claim without requiring a dismissal of the claim or a nonsuit. The bill provides that the tolling of the applicable statutes of limitations governing the pending matter shall be unaffected by the transfer. The bill further provides that, except for good cause shown, no such order of transfer shall issue unless the motion to amend and transfer is made at least 10 days before trial and requires that the plaintiff shall pay filing and other fees to the clerk of the court to which the case is transferred, prepare and present the order of transfer to the transferring court for entry, and provide a certified copy of the transfer order to the receiving court.

Jurisdiction of civil claims; amending amountof claim; concurrent jurisdiction. Provides that, for civil actionsin which the circuit court and the general district court have concurrentjurisdiction, where a matter is pending in the circuit court, upon motion of the plaintiff seeking to decrease the amount of the claim,the circuit court shall order transfer of the matter to the generaldistrict court having jurisdiction over the claim without requiringa dismissal of the claim or a nonsuit. The bill provides that thetolling of the applicable statutes of limitations governing the pendingmatter shall be unaffected by the transfer. The bill further providesthat, except for good cause shown, no such order of transfer shallissue unless the motion to amend and transfer is made at least 10days before trial and requires that the plaintiff shall pay filingand other fees to the clerk of the court to which the case is transferred,prepare and present the order of transfer to the transferring courtfor entry, and provide a certified copy of the transfer order to the receiving court.