KRS 24A.310: Removal of action to District or Circuit Court -- Transfer of action to

small claims division.

(1) An action shall be removed from the small claims division to the regular docket of

District or Circuit Court as appropriate whenever the defendant's cou nterclaim

exceeds the jurisdictional limit of the division or the District Court.

(2) An action shall be removed from the division to the District Court if a party

defendant would otherwise have a right to a jury trial and gives notice to the

division requesting a jury trial as provided in KRS 24A.320(2).

(3) An action may be removed from the division to the District Court if the judge, in his

discretion, deems the action too complex for the simplified procedure of the

division.

(4) An action originally filed in the District or Circuit Courts may be transferred to the

small claims division on motion of the defendant if the claim is within the

jurisdictional limit of, and otherwise could have been brought originally in, the

division, unless the plaintiff dema nds a jury trial. No action transferred to the

division shall be counted in the maximum number of claims that the plaintiff may

bring under KRS 24A.250(1).