Have Legal Questions? Ask a Lawyer Now.
Both I (plaintiff) and the defendant were present at the hearing. The judge, after reading the complaint and the defendant's motion to change venue, declared that his/my county court was the wrong venue and the case belonged in the defendant's county circuit court. That is all he said and then he left. Before leaving I asked what was next. The judge said that my file would be transferred to the defendant's venue. I called the clerk the next day and I was told that the file could not be transferred until the judge signed an "order" transferring the case. That was two weeks ago. As of this date he has not signed or issued any order. I talked to the clerk again and she told me she could not transfer the file to the new court until the judge signed the order. According to the TN Rules of Civil Procedure, the "clerk shall 'forthwith' transmit the original papers, together with a transcript of all docket entries". The question is, how do I determine what "forthwith" means. I think two weeks is more than enough time for the judge to have signed whatever document is necessary to allow the clerk to transfer the file to the new court.
Actually, the TRCP states "After the court orders a change of venue, the clerk of that court shall...." She is telling me that the judge has to sign an order FIRST. How much time is too much time for him to "delay" the transfer of my case?"
Ok, I understand that but I don't think she, the clerk does. I've been dealing with this individual (clerk) for some time now and she is not very well versed on the processes. My last question to you is this: How do I do what you said to do? Do I file a brief/motion to the court asking that the court transfer my case to the new county or do I write a letter? I don't think she knows what she is talking about. I have been waiting all this time because she told me that she cannot transfer the case until HE signs an order telling her to do so. Your response is the first time I've heard that I have to do a "proposed order". Please advise the appropriate document to do that: Motion Brief; letter; ?? Thank you.
NO, neither of us have done anything. The judge simple made his ruling and got up and walked out.
No one, neither the judge or the clerk provided any information at all. Both courts are in what I would classify as "hick" towns and getting information out of the clerk (or even the judge for that matter) is like pulling teeth. Like I said, the judge ruled, closed his notebook and got up and walked out. No instructions whatsoever. Clerk INSISTS he has to sign an order before she can transfer the case.
No further questions. Your answer was absolutely correct. I submitted a Proposed Order, the judge signed it and it has been transferred to the defendant's venue. Thanks again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).