{"id":369039,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/legal-system\/state-court-cases-how-to-determine-where-your-suit-will-be-heard.html"},"modified":"2024-05-07T07:25:02","modified_gmt":"2024-05-07T12:25:02","slug":"state-court-cases-how-to-determine-where-your-suit-will-be-heard","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/legal-system\/state-court-cases-how-to-determine-where-your-suit-will-be-heard.html","title":{"rendered":"State Court Cases: How To Determine Where Your Suit Will Be Heard"},"content":{"rendered":"\n
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State Court Cases: How To Determine Where Your Suit Will Be Heard<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State courts hear more than 60 million cases each year. Most cases begin in the lower courts, and a few may go to the courts of appeal or higher. State courts mirror federal courts in their structure, but state courts only enforce state laws. Federal courts are separate from the state system and rule on federal laws and regulations.<\/p>\r\n

This article reviews trial courts. Most cases occur in lower courts and seldom reach the higher levels of review. How do you know where to file your court case? There are two considerations: where you are and why you’re going to court.<\/p>\r\n

Jurisdiction<\/h2>\r\n

Jurisdiction is the authority a court has to interpret and apply the law to participants in a trial. Not all courts have jurisdiction over all cases. For instance, a traffic court can’t hear bankruptcy cases. The state’s constitution establishes the court system and creates primary jurisdiction.<\/p>\r\n

The types of cases heard in each court define the court’s jurisdiction.<\/p>\r\n

Subject Matter Jurisdiction<\/h3>\r\n

Subject matter jurisdiction refers to the types of cases heard in a court. A "limited jurisdiction" court hears one type of case or cases below a certain dollar value. If the court takes all cases or cases above a set dollar amount, it has "unlimited jurisdiction" or "general jurisdiction."<\/p>\r\n

In most states, courts of general jurisdiction are rare. Unlimited civil courts are separate from criminal courts for reasons we’ll discuss later. Each state court system<\/a> is different. So, litigants should check with their state website for court rules.<\/p>\r\n

Limited Jurisdiction<\/h3>\r\n

A judge hears and rules on the entire case in limited jurisdiction trial courts. Limited jurisdiction cases involve narrow issues of law or routine cases a judge can handle quickly. Typical limited jurisdiction courts are listed below.<\/p>\r\n

Probate Court<\/a><\/p>\r\n

Probate involves the execution and administration of estates. If someone dies without a will (intestate), the estate goes through the probate court for distribution according to state law. If the person had a will, the judge ensures the decedent followed the formalities in writing and witnessing the will.<\/p>\r\n

Most states have strict laws about writing, signing, and witnessing wills. Laws are very specific about who inherits property, what minor children and spouses must receive, and what to do about missing heirs. For these reasons, it’s more efficient to have probate courts and judges and attorneys specializing in probate.<\/p>\r\n

Family Court<\/a><\/p>\r\n

Everything family-related falls under the umbrella of family court. Divorce, child custody, child support, alimony, adoptions, domestic violence, and child abuse are all heard in family court. Family law is a specialized practice area. Since whatever happens involves the entire family unit, attorneys and judges must work with child protective services, guardians ad litem, sometimes therapists, and probation officers.<\/p>\r\n

Keeping these issues within a smaller court system helps protect the participants (especially small children). It also moves cases along more quickly than if they had to compete with all other cases on the court docket.<\/p>\r\n

Small Claims Court<\/a><\/p>\r\n

In most states, small claims courts can only take cases below a certain amount of money, usually quite small. Most states limit small claims to $10,000 or less, although the amount may be higher in different states.<\/p>\r\n

A few states have intermediate courts, known as limited civil or city civil courts (in New York City). These courts can hear cases for claims higher than the small claims limit, but they still have a cap, usually $50,000. If you’re suing for a larger figure, you must go to an unlimited civil court.<\/p>\r\n

Courts have separate small claims courts for scheduling purposes because so many cases are self-represented. Many cases involve neighbor disputes or small business claims, and judges can resolve them in a few hours. To save everyone time and money, especially the litigants, having a separate small claims court for these cases makes more sense.<\/p>\r\n

General Jurisdiction<\/h3>\r\n

A court of general jurisdiction is a court that takes all cases and has no dollar limit. These courts may hear civil and criminal cases and adjudicate claims of any amount. In practice, larger cities usually have criminal courts and civil courts to keep their schedules open, but any general court may hear any case.<\/p>\r\n

Courts of general jurisdiction hear class action suits and high-dollar-value civil suits. If a party requests a jury trial, the trial goes to a general jurisdiction court. Most limited jurisdiction courts need to be set up for such trials.<\/p>\r\n

Depending on the state, lower courts are called circuit courts or superior courts. New York’s trial courts are called supreme courts.<\/p>\r\n

Venue<\/h2>\r\n

Jurisdiction is the type of court that may hear your case. The venue is where the case is heard. In most states, the law limits where you may file your case. The plaintiff files the case, but the defendant determines the venue.<\/p>\r\n

Real property cases are generally limited to the location of the property. Otherwise, you may file a case:<\/p>\r\n