SB 0774 - Fiscal Note

Fiscal Note - SB 0774 - Circuit Court May Transfer Case to More Convenient Forum

L.R. NO.  2845-01
BILL NO.  SB 774
SUBJECT:  Civil Procedure
TYPE:     Original
DATE:     February 2, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0


                              FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator (CTS)  assume the
proposed legislation could result in a small increase in motion and hearing
activity; however, they would not expect a real change in the number of civil
cases filed.  Therefore, CTS officials assume that any increase in the
workload of the courts would be minimal.

Officials from the Office of the State Public Defender assume that any costs
incurred as a result of this proposal would be minimal and could be absorbed
with existing resources.

Officials from the Office of the Attorney General assume this proposal would
have no fiscal impact on their budget.


FISCAL IMPACT - State Government   FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0


FISCAL IMPACT  - Local Government  FY 1997   FY 1998   FY 1999
                                  (10 Mo.)

                                        $0        $0        $0


DESCRIPTION

The proposed legislation would allow any court to decline jurisdiction in a
civil case and transfer the case to a more convenient forum based upon the
following factors:  1) the place where the cause of action accrued; 2) the
location of witnesses and sources of proof; 3) the residence of the parties
to the action; and 4) the burden on the court and taxpayers of the county
where the cause of action has been filed.  If a defendant refuses to abide by
a change of jurisdiction, the plaintiff could reinstate his action in the
original court.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.


SOURCES OF INFORMATION

Office of State Courts Administrator
Office of the State Public Defender
Office of the Attorney General