Jefferson Cir. Ct. Bus. Ct. Docket R. BCR 3.3

Filing of a Counterclaim

a. If, at the time the answer is filed, a counterclaim brings a case within the

jurisdiction of the Business Court Docket, the counterclaimant shall first

attempt to reach an agreement with the other parties regarding reassignment

of the case to the Business Court Docket. If an agreement to reassignment is

reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying

the subject matter of the counterclaim that falls within the scope of BCR 2.1.

Upon entry of the agreed order, the clerk of the court shall reassign the case to

the Business Court Docket in the same manner as if it had been originally

identified as appropriate for the Business Court Docket.

b. If an agreement regarding reassignment is not reached, the defendant

shall submit a motion for reassignment on Form AOC-BCD-2 identifying the

subject matter of the counterclaim that qualifies the case as appropriate for

assignment to the Business Court Docket under BCR 2.1. The motion for

reassignment shall be limited to five pages in length.

c. A plaintiff objecting to the reassignment of the case to the Business

Court Docket may, within the timeframe required by CR 12.01, file an objection

setting forth the basis therefore. The objection shall be limited to five pages. No

response to the objection shall be filed.

d. A motion for reassignment filed under this Subsection shall be processed

in the same manner as prescribed under BCR 3.2 (c) – (f).