Subject Matter Jurisdiction

Question 1

What is the basic idea of subject matter jurisdiction in state court?

Answer 1

Question is what court has power over the case. State courts can hear any case except those for which there is exclusive federal question jurisdiction (rare – e.g. federal antitrust, patent infringement, and bankruptcy).

Must know which state court to bring the claim – TWO BASIC TRIAL COURTS:

1. Circuit Court OR
2. General District Court (GDC).

Question 2

What are circuit courts? What type of cases does the circuit court have jurisdiction over? What are the limits of there jurisdiction?

Answer 2

Circuit Courts are mainstream courts of general subject matter jurisdiction.

Generally: Can hear any civil action except those for which exclusive jurisdiction is vested in another court. Realty property attachment actions (regardless of value) must be brought in Circuit Court. Trial court for claims of equity (e.g. injunctions).

Exception: Actions for monetary claims or claims to specific personal property of $500 or less, which must go to general district court.

Question 3

What type of functions does a clerk of circuit court perform?

Answer 3

Clerk of Circuit Court performs:

• Ministerial duties – e.g., filing pleadings, issuing process, recording deeds that are in proper form;

AND

• Quasi-judicial tasks – such as appointing personal representatives for decedents’ estates, guardians and guardians ad litem for minors.

Question 4

What are general district courts (GDCs)? What type of cases do general district courts have jurisdiction over? What type of remedies can they give?

Answer 4

Generally. Jurisdiction of GDC is statutory and basically legal (not equitable). GDCs = “Courts not of record.” Less formal than Circuit Court. No formal pleadings or discovery. No jury. Injunctions cannot be granted, except when enforcing the state Freedom of Information Act.

• Tort or Contract Actions. May hear actions at law in tort or contract or actions in detinue (for recovery of personal property or value thereof), but only if the amount in controversy is $25,000 or less. Exactly $25,000 is okay. ***
• Attachment of Personal Property. May attach personal property if the value is $25,000 or less (If the attachment involves realty, regardless of value, must go to Circuit Court).
• Interpleader Cases. May hear interpleader cases if the stake is worth $25,000 or less. But no injunction available here.
• **Landlord-Tenant Claims. ** May hear claims for rent due (“distress” claims) or to oust D from real property (“unlawful entry or detainer”), disputes over leases and guarantees of leases. No monetary ceiling on landlord-tenant cases in GDC.
• **Creditor’s Right’s to Seize Property Disputes. ** May issue distress warrants (creditor’s right to seize property) regardless of amount.
• **Small Claims. ** Each GDC has a small claims court, with concurrent jurisdiction over claims that do not exceed $5,000.

**EXCLUSIVE JURISDICTION. ** If seeking monetary recovery or claim to specific personal property of $4,500 or less.***

Question 5

For the purpose of determining the proper court to bring a claim, how is the amount in controversy calculated?

Answer 5

In determining amount in controversy, do not include interest or attorney’s fees contracted for in the instrument.

Question 6

Is there a right to appeal from GDC to Circuit Court?

Answer 6

Generally, there is an absolute right to appeal final judgments from GDC to Circuit Court if the “amount involved” is more than $50.

Question 7

What are the steps for appealing a final judgment to Circuit Court? What is the standard of review?

Answer 7

1. File a written notice of appeal with clerk of GDC within 10 days of judgment
2. Post bond and pay writ tax in GDC within 30 days of judgment (10 days, however, if unlawful detainer case)

Note: Seeking rehearing at GDC does not increase these time requirements.

Circuit court hears the case de novo – meaning a new trial and start all over. This is why the GDC is not a court of record.