§ RULE 2.227 TRANSFER OF ACTIONS ON FINDING OF LACK OF JURISDICTION

Codes > Michigan Court Rules > Chapter 2 > Subchapter 2.200 > RULE 2.227

RULE 2.227 TRANSFER OF ACTIONS ON FINDING OF LACK OF JURISDICTION

(A) Transfer to Court Which Has Jurisdiction.

(1) When the court in which a civil action is pending determines that it lacks jurisdiction of the subject matter of the action, but that some other Michigan court would have jurisdiction of the action, the court may order the action transferred to the other court in a place where venue would be proper. If the question of jurisdiction is raised by the court on its own initiative, the action may not be transferred until the parties are given notice and an opportunity to be heard on the jurisdictional issue.

(2) As a condition of transfer, the court shall require the plaintiff to pay the statutory filing fee applicable to the court to which the action is to be transferred, and to pay reasonable compensation for the defendant's expense, including reasonable attorney fees, in attending in the wrong court.

(3) If the plaintiff does not pay the filing fee to the clerk of the court transferring the action and submit proof to the clerk of the payment of any other costs imposed within 28 days after entry of the order of transfer, the clerk shall notify the judge who entered the order, and the judge shall dismiss the action for lack of jurisdiction. The clerk shall notify the parties of the entry of the dismissal.

(4) After the plaintiff pays the fee and costs, the clerk of the court transferring the action shall promptly forward to the clerk of the court to which the action is transferred the original papers filed in the action and the filing fee and shall send written notice of this action to the parties. If part of the action remains pending in the transferring court, certified copies of the papers filed may be forwarded, with the cost to be paid by the plaintiff.

(B) Procedure After Transfer.

(1) The action proceeds in the court to which it is transferred as if it had been originally filed there. If further pleadings are required or allowed, the time for filing them runs from the date the clerk sends notice that the file has been forwarded under subrule (A)(4). The court to which the action is transferred may order the filing of new or amended pleadings.

(2) If a defendant had not been served with process at the time the action was transferred, the plaintiff must obtain the issuance of a new summons by the court to which the action is transferred.

(3) A waiver of jury trial in the court in which the action was originally filed is ineffective after transfer. A party who had waived trial by jury may demand a jury trial after transfer by filing a demand and paying the applicable jury fee within 28 days after the clerk sends the notice that the file has been forwarded under subrule (A)(4). A demand for a jury trial in the court in which the action was originally filed is preserved after transfer. If the jury fee had been paid, the clerk shall forward it with the file to the clerk of the court to which the action is transferred.

(C) Relation to Other Transfer Provisions. This rule does not affect transfers (pursuant to other rules or statutes) of actions over which the transferring court had jurisdiction.