Rule 3. Cases Not Eligible for the Commercial Court Docket
Effective July 1, 2024
A civil case is not eligible for assignment to the Commercial Court Docket under Commercial Court Rule 4 if:
(A) The case does not relate to any of the topics provided under Commercial Court Rule 2(A) or 2(B); or
(B) the gravamen of the case relates to any of the following:
(1) Personal injury, survival, or wrongful death matters;
(2) Consumer claims against a business entity or an insurer of a business entity, including a claim concerning:
a) breach of warranty;
b) product liability;
c) personal injury; or
d) violation of consumer-protection laws;
(3) Consumer debts, including:
a) a debt or account incurred or obtained by an individual primarily for a personal, family, or household purpose;
b) a credit-card debt incurred by an individual;
c) a medical-services debt incurred by an individual;
d) a student loan;
e) a tax debt of an individual;
f) a promissory note not primarily associated with purchasing an interest in a business;
g) a personal automobile loan;
h) legal fees incurred for family or household purposes, such as probate, divorce, child custody, child support, criminal defense, negligence, and other tortious acts; or
i) other similar consumer debts;
(4) A dispute involving wages or hours, occupational health or safety, workers’ compensation, unemployment compensation, or other employment-law matters other than those described in Commercial Court Rule 2(A)(4);
(5) Employment law cases, except those as described in Commercial Court Rule 2(A)(4);
(6) An environmental claim other than a claim described in Commercial Court Rule 2(A)(11);
(7) Matters in eminent domain;
(8) Discrimination cases based upon the federal or state constitution or the applicable federal, state, or political subdivision, rules, regulations, or ordinances;
(9) An appeal from a decision of an administrative agency or a tax or zoning decision;
(10) A petition to change the name of an individual;
(11) A petition or action under a mental health act;
(12) A guardianship proceeding;
(13) Any matter subject to the jurisdiction of the domestic relations, juvenile, or probate divisions of a court;
(14) An individual residential real estate dispute, including a foreclosure action;
(15) A non-commercial landlord-tenant dispute;
(16) A governmental election;
(17) Any matter subject to the exclusive jurisdiction of a city court, a town court, or the small claims division of a court;
(18) Any matter required by law to be heard in some other court or division of a court; or
(19) Any criminal matter, other than criminal contempt, in connection with a matter pending on the Commercial Court Docket.
This Rule does not limit the ability of the parties to agree to assignment to the Commercial Court of other cases consistent with the purposes of the Commercial Court.