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2014 California Rules of Court

Rule 3.543. Transfer of action or claim

(a) Court may transfer coordinated action

The coordination trial judge may order any coordinated action or severable claim in that action transferred from the court in which it is pending to another court for a specified purpose or for all purposes. Transfer may be made by the court on its own motion or on the motion of any party to any coordinated action.

(Subd (a) amended effective January 1, 2005.)

(b) Hearing on motion to transfer

If a party objects to the transfer, the court must hold a hearing on at least 10 days' written notice served on all parties to that action. At any hearing to determine whether an action or claim should be transferred, the court must consider the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient use of judicial facilities and resources; the calendar of the courts; and any other relevant matter.

(Subd (b) amended effective January 1, 2007; adopted as part of subd (a) effective January 1, 1974; previously amended and lettered effective January 1, 2005.)

(c) Order transferring action

The order transferring the action or claim must designate the court to which the action is transferred and must direct that a copy of the order of transfer be filed in each coordinated action. The order must indicate whether the action remains part of the coordination proceedings for purposes of the rules in this chapter.

(Subd (c) amended and lettered effective January 1, 2005; adopted as part of subd (b) effective January 1, 1974.)

(d) Duties of transferor and transferee courts

(1)Duty of transferor court

The clerk of the court in which the action was pending must immediately prepare and transmit to the court to which the action is transferred a certified copy of the order of transfer and of the pleadings and proceedings in the transferred action and must serve a copy of the order of transfer on each party appearing in that action.

(2)Duty of transferee court

The court to which the action is transferred must file the action as if the action had been commenced in that court. No fees may be required for such transfer by either court.

(3)Transmission of papers

If it is necessary to have any of the original pleadings or other papers in the transferred action before the coordination trial judge, the clerk of the court from which the action was transferred must, on written request of a party to that action or of the coordination trial judge, transmit such papers or pleadings to the court to which the action is transferred and must retain a certified copy.

(Subd (d) amended effective January 1, 2007; adopted as part of subd (b) effective January 1, 1974; previously amended and lettered effective January 1, 2005.)

(e) Transferee court to exercise jurisdiction

On receipt of a transfer order, the court to which the action is transferred may exercise jurisdiction over the action in accordance with the orders and directions of the coordination trial judge, and no other court may exercise jurisdiction over that action except as provided in this rule.

(Subd (e) amended and lettered effective January 1, 2005; adopted as part of subd (b) effective January 1, 1974.)

Rule 3.543 amended and renumbered effective January 1, 2007; adopted as rule 1543 effective January 1, 1974; previously amended effective January 1, 2005.

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