Motion to Transfer in Delaware

Background

“In Delaware, an action filed in one county may be tried in another county, by judicial discretion, so long as a consideration of equities yields that the change is desirable.” (See Givens v. Harness Racing Commission, C.A. No.: N10M-10-100, at *5 (Del. Super. Ct. Nov. 17, 2011).)

“A plaintiff's choice of forum is entitled to great weight and will not be disturbed unless there are factors that strongly militate against it.” (See id.)

General Information for Complaints and Motions

“Transfer pursuant to Section 1902 is appropriate for transferring an appeal filed in Superior Court to the Supreme Court, or when an administrative appeal was filed in the Superior Court of the incorrect county.” (See Taylor v. George, C.A. No. N18C-12-035 ALR, at *6 n.12 (Del. Super. Ct. Apr. 6, 2020).)

“Section 1902 of Title 10 requires a plaintiff to file a motion to transfer within 60 days after the order denying jurisdiction in the first court becomes final.” (See Benge v. Oak Grove Motor Court, Inc., C.A. No. 1837-N, at *1 (Del. Ch. Aug. 30, 2006).)

“Section 1902 prohibits dismissal of any civil action, suit or other proceeding brought in any court based solely on the ground that such court is without jurisdiction of the subject matter." (See id.)

“For matters over which the presiding court lacks subject matter jurisdiction, Section 1902 provides that [s]uch proceeding may be transferred to an appropriate court for hearing and determination [‘Transfer Provision’]. [S]ection 1902 is remedial in nature and designed to prevent a case from being dismissed simply because it was initiated in the wrong Court.” (See Taylor v. George, C.A. No. N18C-12-035 ALR, at *4 (Del. Super. Ct. Apr. 6, 2020).)

Standard of Review and Burdens of Proof

“This Court has the authority and obligation to transfer causes of action for which it lacks jurisdiction to the court which would have proper subject matter jurisdiction.” (See Lost Creek Land v. Wilson, C.A. No. 01C-10-029 WLW, at *1 (Del. Super. Ct. Oct. 16, 2002).)

“A case can be transferred to the Court of Chancery if this Court lacks jurisdiction.” (See Hanna v. Baier, C.A. No. S12J-03-058 RFS, at *3 (Del. Super. Ct. Jan. 22, 2020).)

“The Court of Chancery is a court of limited jurisdiction and only may acquire jurisdiction if: 

1. one or more of the plaintiff's claims ... is equitable in character
2. the plaintiff requests relief that is equitable in nature,
3. subject matter jurisdiction is conferred by statute.” 

(See Hanna v. Baier, C.A. No. S12J-03-058 RFS, at *3 (Del. Super. Ct. Jan. 22, 2020).)

“Section 1902 requires liberal application of the Transfer Provision…[and] this section shall be liberally construed to permit and facilitate transfers of proceedings between the courts of this State in the interests of justice.” (See Taylor v. George, C.A. No. N18C-12-035 ALR, at *6 n.12 (Del. Super. Ct. Apr. 6, 2020).)

The Court’s Decisions

It is well settled that “the liberal approach required by Section 1902 applies to transfers of proceedings between the courts of this State and may not be used as a pretense to carry out unauthorized transfers.” (See Taylor v. George, C.A. No. N18C-12-035 ALR, at *8 (Del. Super. Ct. Apr. 6, 2020).)

It is also well settled that “the Transfer Provision is implicated only if there is a threshold finding that the Court lacks subject matter jurisdiction.” (See id.)