Transfer of cases to district court.
1. The parties to an action in a justice’s court cannot give evidence upon any question which is excluded from the jurisdiction of the justice’s court. If it appears from the plaintiff’s own showing on the trial, or from the answer of the defendant, verified by his oath, that the determination of the action will necessarily involve such a question, the justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of them from his docket, to the clerk of the district court of the county. From the time of filing the pleadings or transcript with the clerk of the district court, the district court has the same jurisdiction over the action as if it had been commenced in the district court.
2. In cases of forcible entry and detainer, of which justices’ courts have jurisdiction, any evidence otherwise competent, may be given and any question properly involved therein may be determined.
Last modified: February 26, 2006