Printable Format59-2402. District magistrate judges; certification of questions outside judge's jurisdiction. In any proceeding pending in the district court before a district magistrate judge, when it appears that a decision upon any question of which such judge does not have jurisdiction is necessary to a full determination of the proceeding, such question shall be submitted to the chief judge. The chief judge may assign the entire case to a district judge or may assign just the question to a district judge for determination, after which the case may be reassigned to the district magistrate judge.
History: L. 1939, ch. 180, § 270; L. 1976, ch. 242, § 56; L. 1977, ch. 112, § 19; L. 1986, ch. 115, § 84; L. 1999, ch. 57, § 48; July 1.
Law Review and Bar Journal References:
Discussion of equity powers, Richard L. Becker, 11 J.B.A.K. 144, 150 (1942).
Discussing practice problems, Samuel E. Bartlett, 15 J.B.A.K. 386, 392 (1947).
Annotation No. 10 discussed in 1953-55 survey of law of administration of estates, Richard C. Harris, 4 K.L.R. 151, 152 (1955).
CASE ANNOTATIONS
1. Jurisdiction of district court on appeal discussed and determined. Erwin v. Erwin, 153 K. 703, 708, 113 P.2d 349.
2. Procedure hereunder followed to determine legality of bequest. In re Estate of Weeks, 154 K. 103, 104, 114 P.2d 857.
3. Probate court's original exclusive jurisdiction over claims against decedents' estates determined. Egnatic v. Wollard, 156 K. 843, 855, 137 P.2d 188.
4. Probate court has exclusive original jurisdiction of wrongful death demand against deceased wrongdoer's estate. Shively v. Burr, 157 K. 336, 343, 139 P.2d 401.
5. District court has jurisdiction of executor's action to partition real property; probate court's approval of action not essential. Sheedy v. Willoughby, 157 K. 508, 515, 142 P.2d 801.
6. Cited in holding equitable claim of father in deceased son's land barred. Gantz v. Bondurant, 159 K. 389, 394, 155 P.2d 450.
7. Discussed; district court lacks jurisdiction on appeal from void probate court order. In re Estate of Crump, 161 K. 154, 161, 166 P.2d 684.
8. Discussed in determining matters transferrable to district court under 59-2402a. In re Estate of Hinshaw, 164 K. 550, 558, 559, 562, 563, 190 P.2d 386.
9. Matter certified tried as though originally filed in district court. In re Estate of Gereke, 165 K. 249, 256, 195 P.2d 323.
10. Probate court's jurisdiction questioned; matter must be certified to district court. In re Estate of Weaver, 175 K. 284, 289, 262 P.2d 818.
11. Construed; action to adjudicate title to realty; jurisdiction; distinction between transfer and certification of matter to district court. In re Estate of Slaven, 177 K. 185, 186, 187, 189, 277 P.2d 580.
12. Mentioned; action under guest statute; transferred to district court. Long v. Foley, 180 K. 83, 84, 299 P.2d 63.
13. Sections 59-2401 to 59-2409, inclusive, adequately provide for appeal on jurisdictional questions. Sherk, Administratrix v. Sherk, 181 K. 297, 301, 310 P.2d 899.
14. Request for authorization to bring administrator's action; not transferrable. Newcom, Administrator v. Potterf, 182 K. 73, 74, 76, 318 P.2d 1069.
15. Discussed; district court action to establish alleged personal property mortgage constituted demand; probate court jurisdiction. Shields v. Fink, Executrix, 190 K. 17, 29, 372 P.2d 252.
16. District court hearing matters transferred from probate court may award guardian ad litem fees as provided by 59-1717. In re Estate of Showers, 207 K. 268, 275, 485 P.2d 299.
17. Applied; probate court had jurisdiction of claim of ownership of bank account; evidence negated claim of title. In re Estate of Matthews, 208 K. 492, 502, 493 P.2d 555.
18. Cited in holding probate court not authorized to determine ownership and distribute assets in settling conservatorship estate. In re Estate of Ingram, 212 K. 218, 223, 510 P.2d 597.