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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If a case start out in Small Claim Court, can that case be

Customer Question

If a case start out in Small Claim Court, can that case be removed from S.C. C. to ***** without a judge ruling or decision. and Can a Deputy Clerk Sign an Order to Remove the S.C. case to District Court?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The short answer is: yes, it can. The most common situations where a case will be removed from small claims court to state district court is when the defendant has a counterclaim against the plaintiff that exceeds $10,000 or if the defendant invokes his right to a jury trial. That's because the small claims court judge doesn't have authority to hear those types of cases. A case can be removed from small claims court to federal district court if the case is one brought under a federal statute, such as the ADA or Fair Housing Act. These is no trial, hearing, or ruling by the judge in any of those circumstances - the clerk of the court signs the order, and the case is transferred.

If you are able to tell me more about your case, I can give you more information.

Customer: replied 1 year ago.
There is no counterclaim against the plaintiff . this case is not brought on by a Federal Case. this case has never went before a Judge, Which I felt Corruption going on The plaintiff started this case out Small Claim Court in trying to retrieve her $9.000.00 that she had given the defendant, And felt the dentist was not entitled to have.
Expert:  Lucy, Esq. replied 1 year ago.

Then the defendant would have to file a request for formal rules to transfer the case and then file a formal Answer for the case to be transferred.

Expert:  Lucy, Esq. replied 1 year ago.

If he DID file a formal request, the case doesn't go before a judge - it just goes to the district court. If he didn't do that, then you should be able to file a motion to have the case moved back, because there would be no reason to transfer it.

Customer: replied 1 year ago.
being that it was an Order and not by the
Judge is it o k for the deputy clerk to sign her name where the judge is suppose to sign his name.
Expert:  Lucy, Esq. replied 1 year ago.

There are a couple of types of orders that a clerk can sign, and an order to transfer the case is one of them.

Customer: replied 1 year ago.
The Order that was signed by a Deputy Clerk was an "Order for formal Procedure, Notice of change of case number ***** assignment of judge.
Expert:  Lucy, Esq. replied 1 year ago.

Yes, that's fine. The clerk isn't ruling on the case, he isn't making a decision on the merits. He's just noting that, for procedural reasons, the case has to be transferred. Since there is no discretion included in that act - it's just basically rubber-stamping - there is no need to take up the judge's time with it.

Customer: replied 1 year ago.
the last question, How about An "Order for Formal Discovery can the deputy clerk sign her name where the judge is suppose to sign his name, and if that's the case why doesn't it read Judge / Deputy Clerk other than just the space for where the judge signs only?
Expert:  Lucy, Esq. replied 1 year ago.

That's the same type of thing. An order that is automatically issued when certain events occurred, that requires no fact-finding, legal analysis, or discretion, can be signed by the clerk of the court. I'm afraid I don't know why the creator of the form did not put Judge/Clerk on the signature field. That's something I couldn't answer without speaking to the person. But the transfer to district court isn't invalid for that reason.

Customer: replied 1 year ago.
Thank You, ***** ***** a very big help in answering a legal question that's been nagging me, again Thank You.
Expert:  Lucy, Esq. replied 1 year ago.

You're welcome. Good luck.

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