26.56
Residual jurisdiction for abolished courts.
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26.56 Residual jurisdiction for abolished courts.—
(1) If any court is abolished and a proceeding had in it is not transferred to another court, the circuit court for the county where the court formerly existed shall have jurisdiction over any further proceedings in the same manner as though the proceeding had been originally pending in the circuit court.
(2) Additional proceedings in the circuit court shall be commenced by filing the appropriate motion, pleading, or paper that would have been filed in the abolished court. The circuit court may require the custodian of the records of the abolished court to make the records of any proceedings available to the circuit court. The clerk of the circuit court shall charge no additional filing fee for proceedings under this section.
(3) This section shall apply to all courts that have heretofore been abolished and to all courts that may hereafter be abolished under the circumstances prescribed in this section.
History.—s. 1, ch. 71-7.
Notes of Decisions
Cited in 2
cases, 1987–2011 · leading case: Adelman v. Boy Scouts of America
Adelman v. Boy Scouts of America (2011)
“Moore, Federal Practice § 26.56[1], p. 26-131 n. 34 (2d ed. 1976)).”
F. Hoffmann LaRoche & Co. v. Felix (1987)
“Grotheer, Moore's Federal Practice § 26.56[6] n. 2 (1986); Note, The Use Of Discovery To Obtain Jurisdictional Facts, 59 Va.”
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