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Once you’ve removed the case to federal court it would be in the complete discretion of the federal judge (and the judge’s decision is not appealable) to remand the case back to state court; even if the parties agreed/stipulated to a remand. My experience tells me that the further along in the case you get…if you have hearings, motions, trial date set etc., the judge is going to be less likely to rule that remand is appropriate. If you do it right away, he/she would probably allow it to be remanded.
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I do have two follow up questions.
1. the case was brought in Utah's district court. I have since become an Idaho resident. Can I move the case to federal court in Idaho or do I have to remove it to Utah's federal court since it was brought in Utah's district court?
2. Next issue is the lawsuit was only served today. It took 13 days from the date it was filed to get it to me. A hearing is scheduled for a prejudgment writ of replevin in only 4 days. This is absurd. I can't get ready for a hearing in 4 days. Do I have any rights to demand at least a 10 day notice for the hearing?
1. Because the case must be brought in my jurisdiction do I have legal grounds to remove it to an Idaho federal court then? yes, I am the defendant.
2. What is the rule in Utah? How many days notice after service do I get before the hearing?
1. Because the case must be brought in my jurisdiction do I have legal grounds to remove it to an Idaho federal court then? yes, I am the defendant. -- ANSWER -- Yes.
2. What is the rule in Utah? How many days notice after service do I get before the hearing? -- The court rule states that there is no minimum time but
(f) Method of service. but it must be reasonably calculated to expeditiously give actual notice of the hearing.
Your argument then being that mailing from Utah to Idaho was not reasonably calculated for notice given the distance...and again the court has no personal jurisdiction over you. You must tell a court that it has no personal jurisdiction over a matter int he first responsive pleading.
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