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Is it proper jurisdiction to sue a defendant in a justice court when a superior court in the same county is closer to the action

Minden, NV |

(civil case <$10,000 for breach of contract) looking for precedent cases or nevada law authority. thanks

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Filed under: Lawsuits and disputes
Attorney answers 1

Posted

To be proper, the court must have subject matter jurisdiction and personal jurisdiction.

In Nevada, the justice court has subject matter jurisdiction over matters where the damages are less than $10,000. So it seems that the justice court has subject matter jurisdiction over this matter.

Next is personal jurisdiction. This is a bit trickier, but essentially it means that you have availed your self to the laws of the jurisdiction where the justice court is located. If you live in Nevada, then more likely than not, the justice court has personal jurisdiction as well.

That being said, however, you could ask the court for a change of venue. If there is another court closer to both parties, that could also have jurisdiction, then you might be able to change venue to the closer location I suggest retaining an attorney, at least for the change of venue issue.

I hope this helps. Good luck.

I am licensed to practice in Nevada. Please note - the information I post is not legal advice and my response does not make me your attorney. If you would like to seek my legal advice, then please contact me directly. I participate in AVVO in an effort to assist people by providing general answers to questions. However, you should always consult an attorney (meaning talk with one face to face in a consultation) before taking any legal action.

Asker

Posted

Thank you. What about where there are two justice courts within the county and the action has been brought at the wrong court. Any specific jurisdiction laws applicable to dismissing action due to improper venue?

Matthew T. Cecil

Matthew T. Cecil

Posted

Generally you don't dismiss for venue - unless you have a contract with an exclusive venue provision - but you seek for a change of venue. This is a tricky area of law that requires a bit a analysis and understanding of the facts involved. I suggest you hire an attorney to do this work. Good luck.