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Justice of the Peace

Transfers

Justice of the Peace Courts have limited jurisdiction. When a case falls outside this authority — due to amount, subject matter, or venue — the court may transfer it to a court of proper jurisdiction rather than dismissing the action.

When Transfer Is Required

Section titled “When Transfer Is Required”

Amount Exceeds Jurisdictional Limit

Section titled “Amount Exceeds Jurisdictional Limit”

If the plaintiff’s claim exceeds $5,000, the JP Court lacks jurisdiction. The court must transfer the action to district court.

Note: If a reconventional demand or third-party demand exceeds $5,000, the entire case may need to be transferred.

CCP 4911

Subject Matter Beyond JP Authority

Section titled “Subject Matter Beyond JP Authority”

JP Courts cannot hear certain types of cases regardless of amount:

  • Title to immovable property
  • Divorce, custody, support
  • Successions and estates
  • Suits against the state or political subdivisions
  • Adoption, tutorship, emancipation
  • Constitutional claims

If such a case is filed in JP Court, it must be transferred to district court.

CCP 4913

Improper Venue

Section titled “Improper Venue”

If the defendant does not reside in the ward and venue has not been waived, the case may be in the wrong court. Rather than dismissing, the JP may transfer to the proper venue in the interest of justice.

CCP 932

Recusal Without Substitute

Section titled “Recusal Without Substitute”

If the Justice of the Peace is recused and no other JP is available to hear the case, transfer to district court may be necessary.

The Transfer Process

Section titled “The Transfer Process”

Order of Transfer

Section titled “Order of Transfer”

The JP signs an order transferring the case, specifying:

  • The case to be transferred
  • The receiving court
  • The reason for transfer

Transmission of Record

Section titled “Transmission of Record”

The JP transmits the certified record to the clerk of the receiving court, including:

  • All pleadings and filings
  • Evidence exhibits
  • The order of transfer
  • Proof of service

Filing Fees

Section titled “Filing Fees”

The plaintiff is typically responsible for paying any filing fees required by the receiving court. The case does not proceed in the new court until these fees are paid.

Transfer vs. Dismissal

Section titled “Transfer vs. Dismissal”

Transfer is preferred over dismissal when:

  • The case has merit but is in the wrong court
  • Dismissal would prejudice the plaintiff (e.g., prescription might run)
  • The interests of justice favor transfer

Dismissal may be appropriate when:

  • The plaintiff deliberately filed in the wrong court
  • Transfer would serve no purpose
  • The defect cannot be cured

Effect of Transfer

Section titled “Effect of Transfer”

Once transferred:

  • JP Court loses jurisdiction over the case
  • The receiving court’s rules apply
  • The case proceeds as if originally filed in the receiving court
  • Prior rulings by the JP remain in effect unless modified
Section titled “Related Topics”