Kentucky Statutes 24A.310 – Removal of action to District or Circuit Court — Transfer of action to small claims division
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(1) An action shall be removed from the small claims division to the regular docket of District or Circuit Court as appropriate whenever the defendant‘s counterclaim exceeds the jurisdictional limit of the division or the District Court.
(2) An action shall be removed from the division to the District Court if a party defendant would otherwise have a right to a jury trial and gives notice to the division requesting a jury trial as provided in KRS § 24A.320(2).
(3) An action may be removed from the division to the District Court if the judge, in his discretion, deems the action too complex for the simplified procedure of the division.
(4) An action originally filed in the District or Circuit Courts may be transferred to the small claims division on motion of the defendant if the claim is within the jurisdictional limit of, and otherwise could have been brought originally in, the division, unless the plaintiff demands a jury trial. No action transferred to the division shall be counted in the maximum number of claims that the plaintiff may bring under KRS § 24A.250(1).
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 9. sec. 13.
(2) An action shall be removed from the division to the District Court if a party defendant would otherwise have a right to a jury trial and gives notice to the division requesting a jury trial as provided in KRS § 24A.320(2).
Terms Used In Kentucky Statutes 24A.310
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) An action may be removed from the division to the District Court if the judge, in his discretion, deems the action too complex for the simplified procedure of the division.
(4) An action originally filed in the District or Circuit Courts may be transferred to the small claims division on motion of the defendant if the claim is within the jurisdictional limit of, and otherwise could have been brought originally in, the division, unless the plaintiff demands a jury trial. No action transferred to the division shall be counted in the maximum number of claims that the plaintiff may bring under KRS § 24A.250(1).
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 9. sec. 13.