Certification by plaintiff that proceeding within lower court's jurisdiction
26 Certification by plaintiff that proceeding within lower court's jurisdiction
The plaintiff to a proceeding in the Supreme Court or the County Court may apply to the Prothonotary of the Supreme Court or the registrar of the County Court (as the case requires) for an order that the proceeding be transferred to a lower court if the plaintiff certifies in accordance with the case transfer rules that the lower court has, or with the written consent of the parties will have, jurisdiction to hear and determine the proceeding, including any counterclaim.
The Prothonotary or registrar must grant an application under subsection (1) and make an appropriate order if satisfied—
that the lower court has, or (by consent of the parties) will have, jurisdiction; and
that the requirements (if any) of the case transfer rules are met.
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