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do I need an order to get a case removed from state to fed…

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do I need an order...
do I need an order to get a case removed from state to federal
Submitted: 8 years ago.Category: Legal
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Answered in 39 minutes by:
6/18/2010
Lawyer: Joseph, Attorney replied 8 years ago
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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If you want to remove a case from state court, you would need to file an appropriate motion. The motion would detail why the case should be removed to federal court. After the motion is filed, the other party may agree to the removal. If not, then it would need to be set for a hearing. Ultimately, if removal is appropriate, an order would be entered and the case would be transferred to the federal court.

 

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Customer reply replied 8 years ago
does that apply in every case?
Lawyer: Joseph, Attorney replied 8 years ago

It applies in every case that is subject to removal, yes. Cases are not automatically removed, someone has to initiate such an action.

 

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Customer reply replied 8 years ago
so even if someone files a notice of removal to the federal court and to the state, without an order it is not removed?
Lawyer: Joseph, Attorney replied 8 years ago

Correct. Once the case is initiated at the state level, there must be an order granting the removal and initiating the transfer of the case.

 

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Lawyer: Joseph, Attorney replied 8 years ago

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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