Connecticut General Statutes 45a-98d – Probate Court authority to transfer or dismiss a petition, application or motion for lack of jurisdiction. Transfer of file
(a) If a Probate Court finds, after notice and hearing on any petition, application or motion, that the court does not have jurisdiction to hear the petition, application or motion but that another Probate Court of this state does have jurisdiction to hear the petition, application or motion, the court may order that the file be transferred to the court that has jurisdiction or may dismiss the petition, application or motion for lack of jurisdiction. If the transferring court finds that more than one Probate Court has jurisdiction over the petition, application or motion, the transferring court may order that the file be transferred to the Probate Court that the transferring court finds is the most convenient forum for the parties. The transferring court shall make written findings on the basis for its finding that the transferee court has jurisdiction over the petition, application or motion, and, if applicable, which court is the most convenient forum for the parties. The transferring court’s findings shall be conclusive for all further proceedings on the petition, application or motion, except that a transfer order under this section shall be subject to appeal as provided in section 45a-186.
Terms Used In Connecticut General Statutes 45a-98d
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Statute: A law passed by a legislature.
(b) Upon issuance of a transfer order under subsection (a) of this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall proceed on the underlying petition, application or motion as if it had originally been filed with the transferee court. No additional filing fee shall apply with respect to the transferred petition, application or motion.
(c) Nothing in this section shall prevent a court that has jurisdiction over a case from transferring the case to another court under a statute authorizing such transfer.