Rule 2.227.Transfer of Actions on Finding of Lack of Jurisdiction

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.227 lets a Michigan court that discovers it lacks subject-matter jurisdiction send the case to a court that has it, sets special limits on transfers from circuit court to district court based on the amount in controversy, and explains how the case, its fees, and any jury demand carry over to the new court.

Full Text of Rule 2.227

Text sizeJump to: (A) (B) (C) (D) (E) (F)

(A) Transfer to Court Which Has Jurisdiction. Except as otherwise provided in this rule, when the court in which a civil action is pending determines that it lacks jurisdiction of the subject matter of the action, but that some other Michigan court would have jurisdiction of the action, the court may order the action transferred to the other court in a place where venue would be proper. If the question of jurisdiction is raised by the court on its own initiative, the action may not be transferred until the parties are given notice and an opportunity to be heard on the jurisdictional issue.

(B) Transfers From Circuit Court to District Court.

(1) A circuit court may not transfer an action to district court under this rule based on the amount in controversy unless:

(a) the parties stipulate in good faith to the transfer and to an amount in controversy not greater than the applicable jurisdictional limit of the district court; or

(b) from the allegations of the complaint, it appears to a legal certainty that the amount in controversy is not greater than the applicable jurisdictional limit of the district court.

(1) The transferring court must enter all necessary orders pertaining to the certification and transfer of the action to the receiving court. The court must order the plaintiff to pay the applicable statutory filing fee directly to the receiving court, unless fees have been waived in accordance with MCR 2.002. The court may also order the plaintiff to pay reasonable compensation and attorney fees to the defendant for filing the case in the wrong court.

(2) The transferring court must serve the order on the parties and send a copy to the receiving court. The clerk of the court must prepare the case records for transfer in accordance with the orders entered under subrule (1) and the Michigan Trial Court Records Management Standards and send them to the receiving court by a secure method.

(3) The receiving court shall temporarily suspend payment of the filing fee and open a case pending payment of the filing fee and costs as ordered by the transferring court. The receiving court must notify the plaintiff of the new case number in the receiving court, the amount due, and the due date.

(D) Payment of Filing and Jury Fees After Transfer.

(1) The plaintiff must pay to the receiving court within 28 days of the date of the transfer order the applicable filing fee and must submit proof of the payment of any expenses as ordered by the transferring court or the receiving court will dismiss the action.

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the clerk of the receiving court as soon as possible after the case records have been transferred.

(E) Procedure After Transfer.

(1) The action proceeds in the receiving court to as if it had been originally filed there. If further pleadings are required or allowed, the time for filing them runs from the date the filing fee is paid under subrule (D)(1). The receiving court may order the filing of new or amended pleadings. If part of the action remains pending in the transferring court, certified copies of the papers filed may be forwarded, with the cost to be paid by the plaintiff.

(2) If a defendant had not been served with process at the time the action was transferred, the plaintiff must obtain the issuance of a new summons from the receiving court.

(3) A waiver of jury trial in the court in which the action was originally filed is ineffective after transfer. A party who had waived trial by jury may demand a jury trial after transfer by filing a demand and paying the applicable jury fee within 28 days after the filing fee is paid under subrule (D)(1). A demand for a jury trial in the court in which the action was originally filed is preserved after transfer.

(F) Relation to Other Transfer Provisions. This rule does not affect transfers (pursuant to other rules or statutes) of actions over which the transferring court had jurisdiction.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

When a court realizes it lacks jurisdiction over the subject matter of a pending case, but another Michigan court would have it, the first court can order the action transferred to that court, in a place where venue would be proper. If the court raises the jurisdiction question on its own, the parties must first get notice and a chance to be heard on it before any transfer happens. A circuit court can send a case to district court based on the amount in controversy only in two situations: the parties stipulate in good faith to an amount within the district court's jurisdictional limit, or it appears to a legal certainty from the complaint's own allegations that the amount doesn't exceed that limit.

The transfer mechanics track the venue-transfer rules: a state-approved order, service on the parties and the receiving court, and a requirement that the plaintiff pay the receiving court's filing fee — and possibly the defendant's reasonable compensation and attorney fees for the case having been filed in the wrong court — generally within 28 days of the transfer order or the receiving court dismisses the action. Once transferred, the case proceeds as though it had originally been filed in the receiving court, with new-pleading deadlines running from the date the fee is paid; an unserved defendant needs a fresh summons from the receiving court, and a waiver of jury trial made in the original court becomes ineffective, letting a party demand a jury again within 28 days of the fee payment (though a jury demand already made in the original court carries over). This rule doesn't affect other transfer provisions for cases the original court did have jurisdiction over.

Frequently Asked Questions

What happens if a Michigan court realizes it lacks jurisdiction over my case's subject matter?

It can transfer the case to a Michigan court that does have jurisdiction, in a place where venue would be proper, rather than dismissing it outright.

Can a circuit court send a case to district court just because of the amount at stake?

Only if the parties stipulate in good faith to an amount within the district court's jurisdictional limit, or the complaint makes clear to a legal certainty that the amount doesn't exceed that limit.

If I waived a jury trial in the original court, does that carry over after a jurisdictional transfer?

No. The waiver becomes ineffective after transfer, and you can demand a jury again within 28 days of paying the receiving court's filing fee. A jury demand already made in the original court, however, is preserved.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.227). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: lack of subject matter jurisdiction transfer Michigancircuit court to district court transfer