Order In The Court Rules
There is no lack of dizzying rules in our court system. Of course, these time-honored regulations serve a great and effective purpose, but nevertheless, sometimes it’s fun to point some of them out.
Today, we will pick on the Connecticut Superior Court and discuss its rules about “venue” for civil cases. Venue refers to the specific court location where your case is to be heard. Civil means “not criminal.”
Suppose you are sued and your adversary selected the wrong location (i.e., they are making you go to Stamford but the correct location is Danbury). A rule says that you have a limited period of time to make a motion to dismiss. The rule seems drastic since “dismissed” seems pretty final. Actually, court decisions have firmly established that the case is never to be dismissed; it is simply moved to the correct venue. Got that? You make a motion to dismiss but never expect the case to be dismissed.
And, what if you don’t make your motion in time? No problem. A different rule gives the court discretion to move the case anyway. So, just ask. However, when you ask, refer to a different rule and don’t make a motion to dismiss. Got that? A motion to dismiss is required… but not really.
Oh and by the way, “dismissed” may not be all that final. Some dismissals are “without prejudice” which means you can take another shot.
However, there is a serious underlying policy behind these rules. Our courts (and this applies to just about any jurisdiction, not just Connecticut) prefer to resolve cases on their merits, whenever possible, and not on procedural issues, like the choice of location. For example, in Connecticut, the stated policy is that the rules of venue for civil cases are intended to provide convenience to the parties
For the lawyers who may want to check me out, send an e-mail or use the Comments facility of this blog and I’ll provide a few citations.
Image: From Wikipedia Commons, State Superior Courthouse, built 1784, at head of State Street, New London, CT.
