§ 16-110-120 - Removal of pending proceedings.
16-110-120. Removal of pending proceedings.
(a) In all actions in which attachments may be pending in the circuit court, held in any county, and in the inferior courts of the county, and which have been levied upon the same property, in whole or in part, it shall be the duty of the judge of the circuit court, or of the inferior court, upon the motion of either party in the action or actions, to make an order for the removal of the actions pending in the inferior court to the circuit court, where they shall be tried as if originally brought in the circuit court.
(b) In all actions which may be brought in the circuit court of this state, in which attachments may be pending, and which may be levied upon the same property, in whole or in part, the judges of the court where the actions are pending shall have power to make an order for the removal of the actions, or some of them, by change of venue, so as to have them all upon the same docket and under the control of the same court. The order of removal shall only be made upon petition filed, and in such cases as the judge shall be satisfied that the removal is necessary for the proper distribution of the attached property, and the adjustment of the rights of the parties to the actions. In making the order of removal, due regard shall be given to the convenience of the parties.
(c) The order of removal may be made in open court or by the judge of the courts in vacation. However, in either case, notice of the application shall be given to the opposite party, and affidavits may be read for and against such application.
(d) (1) Where the order of removal is made, it shall be the duty of the clerk of the circuit court and of the judges of the inferior courts immediately to remove the papers in the action, as directed by the order, and to file an authentic copy of the orders which have been made in the case or cases.
(2) If the order of removal is to another county, the clerk shall have the same fees now allowed for like services in other cases of change of venue, to be paid in advance by the applicant for the removal, to be taxed as costs, and finally paid out of the attached funds, or by such of the parties as the court shall order.