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N Cal Attorney
N Cal Attorney, Attorney
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When filing a notice of removal of state case to district court,

Customer Question

When filing a notice of removal of state case to district court, how many copies of the pleading is needed? Do I serve the judge's clerk, plaintiffs and anyone else? Uner 1449 is the section, do I include all of the case register of action documents, or does the clerk of the state court assembles these documents?
Submitted: 4 years ago via Cornell Legal Info Institute.
Category: Business Law
Expert:  N Cal Attorney replied 4 years ago.
http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001446----000-.html has 28 US Code 1446

a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
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(d) Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.


http://blogs.smartrules.com/2009/05/28/notice-of-removal-in-the-united-states-district-courts-at-a-glance/ has an overview of the procedure

http://www.law.cornell.edu/rules/frcp/Rule11.htm has FRCP Rule 11

http://www.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28_10_IV_20_89.html has the US Code chapter on removal

http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001447----000-.html has this:
§ 1447. Procedure after removal generally

(a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
(b) It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.

Normally you would file an original and get back an endorsed filed copy, which you can copy and serve on the other parties and the Clerk of the State Court.

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