Related Case Transfers from County to Civil

Frequently asked questions on transferring cases from county civil division court to circuit civil division court

  1. How do I filemy motion to transfer my county case to a related circuit case?

Parties shall file the Motion to Transfer with the County Civil Judge.

If the motion is agreed, the County judge will review the motion and sign the Agreed Order on Joint Motion to Transfer.

If the parties are not in agreement, the County Judge will sign aRecommendation to Transfer Order, granting or denying the transfer.

All orders to transfer shall include the related circuit case information, including style, parties’ names, related circuit case number, and current service list for both county and related circuit cases.

  1. Does that complete the transfer?

No. To proceed further, the party requesting the transfer shall submit copies of the motion and order recommending transfer to ithin 30 days from the date that the County Judge signs the order.

  1. Can I submit the motion to transfer my county case to a related circuit case via eCourtesy?

Yes. The motion can be submitted via eCourtesy to the County Court Judge. Do not submit to the related circuit judge or Administrative Circuit Judge. Once the agreed order is signed by the County Judge, the above procedure must be followed in order to complete the transfer.

  1. How will I know if the transfer to the circuit court has been completed?

The Administrative Judge will sign an Order Determining Trial Judge and assign the case to the Circuit Judge with the related case. The case manager will notify the parties by e-mailing a copy of the signed Order Determining the Trial Judgeto all parties on the service list.

  1. Is there a fee to transfer a related county Court case to Circuit Civil?

No.The parties shall proceed under the circuit civil case numberand move to consolidate the case.

  1. Will the case be assigned a new case number?

No. The parties shall file a motion to consolidate with the assigned Circuit Judge within 30 days.

  1. Can the parties in the circuit case object?

Yes. The parties in the circuit case have 30 days to file a motion with the circuit judge if they object to the transfer.

  1. What happens if the circuit case gets resolved prior to consolidation?

The Circuit Judge can send the case back to the assigned county court judge at the original filing.

  1. What if the Circuit case Judge rejects the case?

The case will go back to the County Court Judge who was assigned the case at the original filing.

  1. What if the cases are not consolidated?

It is up to the Circuit Court Judge to keep the County case or send it back to the County Court Judge.