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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Removing a Case from Small Claims Court

Just because a case starts in small claims court doesn’t mean it has to stay there. The defendant may have the option of moving the case to the regular trial court. When you take a case from one court with the power to hear and decide the case (that court is said to have “proper jurisdiction”) and move it to another court, which also has power to hear and decide the case, you’re “removing” the case, not just moving it. Your ability to remove the case depends on the law and your reasons for wanting to remove the case to a higher court. Removal isn’t usually automatically granted, so check the court rules and see what circumstances allow you to remove the case.
There are some advantages to removing the ...

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