Legal Question in Employment Law in Virginia

Case filed in incorrect jurisdiction

If an attorney has filed a suit against a former client in the incorrect jurisdiction, is it ethical/proper for the judge to simply transfer the case to the proper court? Why is the attorney not required to file in the proper court? What are the advantages to a transfer? Does a transfer expedite the hearing date?


Asked on 2/07/08, 12:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Case filed in incorrect jurisdiction

The client/defendant could've raised that issue(improper venue)in his or her answer to the plaintiff's warrant or complaint and asked for a dismissal on those grounds. Since that apparently did not occur, it was likely within the judge's discretion to simply transfer the case to a jurisdiction which comports with the venue requirements of the Virginia Code for this particular case filing.

And, yes, it's possible that if the transfer was to a court with less crowded civil dockets, such a move might well expedite the hearing date on the matter.

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Answered on 2/07/08, 7:46 pm


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