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Legal Definitions - automatic-transfer statute

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Definition of automatic-transfer statute

An automatic-transfer statute is a law that requires a legal case, proceeding, or matter to be moved immediately from one court or legal jurisdiction to another, without the need for a specific request or motion from the parties involved. This transfer happens automatically once certain predefined legal conditions or criteria, as specified in the statute, are met.

Here are some examples illustrating how an automatic-transfer statute might apply:

  • Example 1: Improper Venue in Civil Litigation

    Imagine a lawsuit concerning a contract dispute is filed in a court located in County X, but the contract explicitly states that any legal action must be brought in County Y, where the defendant's primary business operations are located. Instead of dismissing the case or waiting for the defendant to file a motion to transfer, an automatic-transfer statute in that state might mandate that if a civil action is filed in a county with improper venue, the court in County X must automatically transfer the entire case to the appropriate court in County Y. This ensures the case proceeds in the correct location without unnecessary delays or procedural hurdles.

  • Example 2: Juvenile Cases to Adult Court

    Consider a situation where a 17-year-old individual is charged with a particularly severe felony, such as armed robbery, in a jurisdiction that typically handles minors in juvenile court. Some states have automatic-transfer statutes that dictate that if a juvenile of a certain age (e.g., 16 or 17) is accused of specific, serious violent crimes, their case is automatically transferred from the juvenile court system to the adult criminal court system. This transfer occurs without a separate hearing to determine if the juvenile should be tried as an adult, as the statute itself triggers the move based on the age and nature of the alleged offense.

  • Example 3: Consolidation of Related Cases

    Suppose a large corporation files for bankruptcy in federal court. Simultaneously, several creditors have ongoing lawsuits against that corporation in various state courts across the country, seeking to recover debts. An automatic-transfer statute, often found within bankruptcy law or related federal regulations, might dictate that once a bankruptcy petition is filed, all existing state court actions against the debtor corporation that fall under the scope of the bankruptcy proceedings are automatically transferred to the federal bankruptcy court. This centralizes all claims against the debtor, allowing the bankruptcy court to manage the distribution of assets fairly among all creditors according to federal law.

Simple Definition

An automatic-transfer statute is a law that dictates when a legal case is automatically moved from one court to another jurisdiction or system. This transfer occurs by operation of law once specific statutory conditions are met, without requiring a judge's order or a party's motion.

The life of the law has not been logic; it has been experience.

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