When a cancellation action and a related claim are pending in different courts, what conditions must be met before the related case can be moved to the court hearing the cancellation action?
General information · Not legal advice
Material to check
In the practice file, we read the copy of the administrative disposition that lies behind both cases, the pleadings in each case to see what is claimed in each, and the records showing which court is hearing each case, since the provision turns on the two cases being pending separately and on the court hearing the related claim judging the move proper.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out every condition together: where a cancellation action and one of the listed related claims are each pending in a different court, and the court hearing the related claim finds the transfer proper, that court may, on a party's application or on its own motion, transfer it to the court hearing the cancellation action, and the related claims listed are damages, unjust enrichment, or restoration claims connected with the disposition, and a further cancellation action connected with it.
Another reading stresses what the provision does not fix: the court that may order the transfer is the one hearing the related claim, not the one hearing the cancellation action, and the provision says only that this court must find a transfer 'proper', leaving the record that would show what makes it proper to the court's own assessment.
Your judgment
What in the file could show that the court hearing the related claim found the move proper, and does that finding bind the court receiving the case?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may order the transfer or which claims count as related claims, or if a court decision explains what makes a transfer proper.