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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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hello, I have a case removed to federal court, and I wrote

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hello, I have a case removed to federal court, and I wrote a remand to the curt. It is still being decided, and I received a "defendants motion in opposition to plaintiffs remand". Should or could i respond to this response? Or should I wait? thank you

Thank you for your question.

The issue on whether you should respond or whether you should just wait for the court's decision depends on whether there was a submission deadline which has passed or not.

You filed a motion to remand. Generally, the court will set a date by which all submissions regarding the motion to remand must be in to the court, so that the court may decide. This would have been communicated to you by the federal court in a written order of some form. If that date has not passed, or if the court has decided not to issue a hard deadline, then absolutely yes, you should send in a response.

I assume from your question that you are not an attorney and are representing yourself pro se. Thus, you should be careful to not waste the court's time in your response restating the same arguments you made in your original motion. It is ok to bolster the argument, but what you really need to do is attack the defendant's reasoning in his motion in opposition. Read the cases and look for cases which state the opposite of what their cases state.

Here is a good guide that I found on Remands that may be of some assistance to you:

Please remember to only rate my answer once you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more," please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Best Regards,
Zachary D. Norris
TexLaw and 2 other Personal Injury Law Specialists are ready to help you
Customer: replied 5 years ago.
i forgot to ask, what do i title a respnse to a response to my remand? an answer to response? thank you
If they titled theirs "Defendant's Response to Plaintiffs' Motion to Remand", then you title your's "Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to Remand".

However, if they titled theirs only "Defendants Motion in Opposition of Plaintiff's Motion to Remand", you title it Plaintiff's Response to Defendant Motion in Opposition of Plaintiff's Motion to Remand"

Good Luck,
Zachary D. Norris
TexLaw and 2 other Personal Injury Law Specialists are ready to help you

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