Chief Justice could send complex business cases to a specialized court docket

A party’s lawyer or the judge first assigned to a case may ask the Chief Justice to transfer it. The process applies to cases seeking transfer to the business and complex litigation docket. The case must meet the bill’s eligibility rules. The Chief Justice reviews the request and may order a transfer. The request must explain why transfer is sought, and other lawyers or the assigned judge may explain why it may or may not help.

The bill describes a specialized docket for complicated business and commercial cases, with designated circuit court judges hearing transferred matters. The docket is for corporate, commercial, business, or transactional cases with specialized legal issues, complex circumstances, many parties, or other complicating factors. The Chief Justice may designate no more than four circuit court judges, in different regions when possible. The chief judge and other judges in a circuit must be consulted when establishing a docket in that circuit.

A case must meet the listed complexity, case type, and amount in dispute rules to qualify for transfer. These rules apply to cases seeking transfer to the specialized docket. A case must present special complexity and fit a listed category, such as a business dispute, intellectual property dispute, or a case a judge finds needs specialized management. At least $100,000 must be in dispute; that amount alone does not make a case eligible. Medical malpractice, family, injury, and several other case types are generally excluded. A transfer request may still be considered if it shows extraordinary circumstances that warrant specialized case management.

The court administration office, Chief Justice, and advisory committee must set transfer procedures and publish a request form; the office must also amend a court rule. These tasks concern transfers to the business and complex litigation docket. The procedures must include rules for when an eligible case may be transferred or refused. The published form must follow the bill’s provisions, and the court rule must be amended to match them.