Fiscal Note - SB 0300 - Court May Transfer Case To More Convenient Forum
L.R. NO. 1160-02
BILL NO. SB 300
SUBJECT: Civil Procedure
TYPE: Original
DATE: March 3, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
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 and could be absorbed with existing
resources.
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 and the Office of
Prosecution Services assume this proposal would have no fiscal impact on
their agencies.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
The proposed legislation would allow a court to decline to exercise its
jurisdiction over a cause of action accruing outside the circuit in which the
court is located, if there is a more convenient forum in which the case could
have been brought. In determining whether to decline jurisdiction, the court
would consider the following factors: 1) the place where the cause of action
accrued; 2) the location of witnesses; 3) the residence of parties; 4) the
connection between where the cause of action accrued and the court; 5) the
access by the public to the case; and 6) availability of an alternate forum.
If a suit is dismissed to another court, the plaintiff would have additional
time to refile the suit if the statute of limitations has run after such
dismissal.
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
Office of Prosecution Services
This Fiscal Note is not an official copy and should not be quoted or cited.