Section 6-104 - Stay or dismissal of action which should be heard in another forum; consolidation of actions in District Court and circuit court.
§ 6-104. Stay or dismissal of action which should be heard in another forum; consolidation of actions in District Court and circuit court.
(a) In general.- If a court finds that in the interest of substantial justice an action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions it considers just.
(b) (1) Removal and consolidation to circuit court.- When actions involving at least one of the same parties, with the same subject matter, issues, and defenses arising out of the same circumstances, are instituted in the District Court and a circuit court of the State, the party who filed the action in the District Court may file a motion in that court to remove the action to the circuit court for consolidation with the action pending in circuit court.
(2) If the motion is granted, the court shall forward all pleadings to the circuit court.
(3) An action removed to the circuit court and consolidated with an action in that court under the provisions of this section shall proceed in the circuit court, without regard to the amount in controversy, as if originally instituted in the circuit court.
[An. Code 1957, art. 75, § 98; 1973, 1st Sp. Sess., ch. 2, § 1; 1980, ch. 47.]