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Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 7737
Experience:  Member at Keefer & Keefer LLC
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Can a circuit court judge do anything once a case has been

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Can a circuit court judge do anything once a case has been removed to Federal Court? The case was removed on Friday. The other attorney was served electronically by the Federal court and by my side through email and mail once the notice of filing notice of removal was filed in state court. There is supposed to be a trial on Monday and the clerk said the judge has to decide weather it is removed or not. I was told the trial will have to be stopped. This is civil. It is a landlord tenant case with fair housing violations involved. I am concerned that it will be remanded at some point but don't they have to wait until that happens to do anything?

Hello. My name is Wendy and I am an attorney. The short answer is no. Once a case is removed to federal court, the state court no longer has jurisdiction unless and until the federal court remands the case to the state (if that happens). It may be worth appearing on Monday to ensure the case is, at a minimum, continued due to the removal. But removal should remove jurisdiction from the state court.

I hope this information helps. If you need additional assistance, feel free to reply to this message. I will be away from my computer off and on today and will respond to any follow-up questions as soon as they come to my attention. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Customer: replied 11 days ago.
What happens if he does continue the trial and enters a default judgement if I don't show up? Does the other attorney have an obligation to let him know about the removal if for some wild reason he doesn't see the paperwork in the file? Normally showing up to court would just be a no brainer but I am also over 90 minutes away from the court house and that is the bigger issue at this point. I am without a vehicle and trying to figure things out.
Customer: replied 11 days ago.
I really appreciate such a quick answer by the way!

It may be worth sending a letter to the court first thing tomorrow (via fax or email if the court clerk's office has that capability) stating that you filed to remove the case and are respectfully informing the court that you understand the hearing set for Monday should not go forward while the case is now pending in the federal court.

If the court was to go forward and enter a default, you would then want to file a quick motion to set aside the default and to stay the case while the issue of removal is determined by the federal court. That shouldn't be necessary, but stranger things have happened in my experience.

Customer: replied 11 days ago.
I SUPER appreciate your help and the steps to take to handle everything. In the interest of full disclosure.....this might be pertinent and it might not be, the original attorney I had did a removal back in July of last year and he did it incorrectly. The case was remanded back a couple weeks ago. The plaintiff filed new paperwork that changed things and allowed me to have it removed again. So this judge is not going to be happy but I don't see him over stepping his authority either. He was really unhappy with the first removal but it might have been because he caught whatever the first attorney did wrong and I didn't understand the situation back then. I feel like I am going to be in trouble somehow. Which is silly but it just really worries me that I might not be able to get there.
Customer: replied 11 days ago.
If this doesn't change your answer let me know! I really appreciate your help and will give you a 5 star rating!

You should not be in trouble, especially since the second attempted removal came only after a change by the other side. Obviously, I can't say what a particular judge will or won't do, but it sounds like you have acted reasonably.

Customer: replied 11 days ago.
So the bottom line is, at this point, it's not up to the circuit judge to make decision whether or not I acted reasonably, until it is remanded back. Is that correct? He can decide to sanction me or whatever it is he has the power to do, later, but not right now, is what I am gathering......Again you can even just let me know if I am understanding correctly.
Customer: replied 11 days ago.
I will definitely send in that letter, I found the email for the elected circuit clerk and I am going to let her know what that court clerk said anyway. It seems like she kind of stepped out of line, she was *REALLY* rude about the situation and actually refused to take most of the paperwork, stating that it was already on file. But in these cases you have to file a copy of everything, so she easily could have messed me up if I had listened to her. I wish I had gotten her name.
Customer: replied 11 days ago.
That should be my last question btw. The one sent at 2:46

Yes, as long as the paperwork for removal is completed and filed, it is sent to the federal court and will remain there unless remanded back to state court. The letter just provides you some cover as it shows you respect the state court but believe the removal will require the hearing not to go forward (and you are not just ignoring the hearing date).

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Customer: replied 11 days ago.
Ahhh perfect!! Thank you!! This is a great service and i wish I could give you more than 5 stars!!

I am just glad I could help. I obviously can't guarantee, ever, what a court will or won't do but I think you have a good understanding of the process and are proceeding appropriately.