Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?
I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat
A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That figure would generally exceed the small claims limits in most states. It's possible the defendant asserts jurisdiction based on federal question or diversity of citizenship, where the parties are citizens of different states and the amount in dispute exceeds $75,000. Good luck
I'm sorry - I meant to say, "...establish a basis for subject matter JURISDICTION in federal court... "
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