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If a civil case has gotten dismissed from state court for jurisdiction reasons. such as needs to be sued out of state

Floral Park, NY |

how long do i have from the date of order to ask for a transfer or non conveniens?

Attorney Answers 4

  1. You don't get a transfer. You have to file a new action in the other state and serve it again there. Appealing here will only waste time.

    Good luck.

  2. There is no automatic tolling. If the Order dismissing the case is silent on the issue, then you're stuck with whatever laws prevail in the other jurisdiction.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

  3. There is no tolling

    Follow the law of the out of state forum

  4. You didn't identify whether your case was dismissed for lack of subject matter or personal jurisdiction. There is a big difference as lack of personal jurisdiction may be easier to cure. Once your case is dismissed, you can't move for anything other than for leave to renew or reargue. Dismissed is dismissed. Either fix the jurisdictional defect or bring the case in another venue or state or federal court where you can get jurisdiction. You need to consult with a lawyer as jurisdictional issues can be complicated.

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