Civic · 6 pages · 12 min
Why filing in the wrong court ends the day
The wrong court dismisses for lack of power and does not decide who should win.
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From the opening
Filing in a court that lacks jurisdiction ends that court's work on the merits for the day, because the judge's next act is to refuse the case or send it away. The complaint may describe a real injury, and the court still will not pick a winner. The opening covers power is tested before merits, dismissal is not a factual loss, and transfer sometimes saves the file.
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Inside
- Power is tested before merits
- Dismissal is not a factual loss
- Transfer sometimes saves the file
- Deadlines may keep running
- Where the idea stops applying
- A distinction worth keeping
Sources
- Dismissal for lack of jurisdiction
- Threshold power to hear