Withdrawal of jurisdiction by states
State legislatures and initiatives can withdraw jurisdiction(authority) from state courts. If the court jurisdiction is based on the state constitution, then an amendment to that constitution (e.g., by initiative) is needed to limit that jurisdiction.
Contents
State stripping of jurisdiction
Examples of state stripping of jurisdiction include:
- modification of child support payments or maintenance
- changing a guilty plea after a court's term has ended
- no trial court jurisdiction during an appeal, even if filed for early (see below)
Note that state courts that are established as limited-jurisdiction courts only have authority that is specifically granted to it by statute. No withdrawal of jurisdiction is needed.
No jurisdiction at trial level during appeal
As the South Dakota Supreme Court held:
| “ | An appeal from a judgment or order strips the trial court's jurisdiction over the subject matter of the judgment or order except as to certain trivial matters; the Supreme Court then has jurisdiction until determination of the appeal. Matter of D.H., 354 N.W.2d 185 (S.D. 1984). This rule applies even when an appellee files his motion prior to the filing of appellant's notice of appeal. See J.S.S. v. P.M.Z., 429 N.W.2d 425 (N.D. 1988) (The trial court lost jurisdiction to consider a motion for modification of judgment filed prior to appellant's notice of appeal.). See also State v. Dakota County, Nebraska, 250 Iowa 318, 93 N.W.2d 595 (1958); Matter of Wills of Jacobs, 91 N.C. App. 138, 370 S.E.2d 860 (1988). | ” |
Ryken v. Ryken, 440 N.W.2d 307, 308 (S.D. 1989).
The Wisconsin Supreme Court has held likewise:
| “ | In order to ensure the orderly administration of justice and to prevent the trial court from doing anything that might adversely affect the rights and interests of the parties to the appeal, the general rule is that an appeal from a judgment or order strips the trial court of jurisdiction with respect to the subject matter of the judgment or order, except as to certain unsubstantial and trivial matters, and the supreme court then has jurisdiction until the determination of the appeal. | ” |
Hunter v. Hunter, 44 Wis. 2d 618, 621, 172 N.W.2d 167, 169 (1969) (citing numerous precedents in a footnote).
State stripping of jurisdiction in courts outside of the state
| “ | Four sections of Delaware's General Corporation Law vest the State's Chancery Court with "exclusive jurisdiction" to hear actions brought under those sections. They cover broad topics, including indemnification of officers and directors, 27 business combinations with interested stockholders, the validity of defective corporate acts or stock and ratification thereof, 29 and the inspection of corporate books and records. ...
Two different courts within the Southern District of New York, along with a Virginia state trial court, have held the jurisdictional reservations in these statutes prevented their courts from exercising subject matter jurisdiction over actions brought under Delaware law. A Connecticut state trial court agreed with that interpretation. But the Seventh Circuit, New York State appellate courts, and a different Connecticut trial court have disagreed, albeit each for different reasons, holding Delaware's General Corporation Law either does not or cannot strip subject matter jurisdiction from courts. ... |
” |
Michael V. Caracappa, COMMENT: "Exclusive" Jurisdiction in Delaware's General Corporation Law: Why States Lack the Power to Strip Jurisdiction from Their Sister States and the Federal Courts, 49 Seton Hall L. Rev. 1091, 1094-109 (2019) (footnotes omitted).
Federal stripping of jurisdiction
Congress has also withdrawn jurisdiction from state courts in certain circumstances.
