Kansas Emergency Motion to Remand Cause is a legal process in which a party seeks to move a case from federal court back to state court due to exceptional circumstances that warrant an immediate change in jurisdiction. This motion is filed when there is a compelling reason to remand a case that has been removed to the federal court system. An Emergency Motion to Remand Cause in Kansas is typically made when a party believes that the federal court lacks authority or the case should not be heard at the federal level. This motion is often used in situations where the party seeking remand argues that the case involves state-specific laws, local regulations, or constitutional issues that are better addressed by the state court. Sometimes, there may be different types of Emergency Motion to Remand Causes in Kansas, depending on the nature of the case and the grounds for seeking remand. Some common types include: 1. Lack of Subject Jurisdiction: This type of motion is filed when the moving party believes that the federal court does not have the power to hear the particular type of case involved. It may argue that the case solely involves issues of state law or falls outside the jurisdiction of federal courts. 2. Defect in Removal Process: Here, the motion alleges that the defendant improperly removed the case to federal court, often citing flaws in the removal process, such as missing or insufficient documentation. 3. Improper Removal Due to Diversity of Citizenship: This motion is filed when the defendant wrongfully removed the case to federal court based on diversity jurisdiction. The moving party may argue that the parties involved do not meet the requirements for diversity, such as being residents from different states. 4. Procedural Defects: This type of motion may claim that the procedural requirements for removal were not properly followed by the defendant, resulting in an improper removal to federal court. 5. Futility of Remanding in the Future: In certain cases, a party may argue that the delay caused by litigating in federal court before seeking remand would be burdensome and inefficient, so an emergency remand is necessary for the speedy resolution of the case. In summary, a Kansas Emergency Motion to Remand Cause is a legal action taken when a party wants to move a case from federal court back to state court. It must demonstrate valid reasons based on jurisdiction, defects in the removal process, diversity issues, procedural errors, or the necessity for an immediate remand.
Kansas Emergency Motion to Remand Cause
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How to fill out Emergency Motion To Remand Cause?
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(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
(d) (1) A plea of guilty or nolo contendere, for good cause shown and within the discretion of the court, may be withdrawn at any time before sentence is adjudged. (2) To correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the plea.
Section 22-3216 Motion to suppress illegally seized evidence. 22-3216. Motion to suppress illegally seized evidence. (1) Prior to the trial a defendant aggrieved by an unlawful search and seizure may move for the return of property and to suppress as evidence anything so obtained.
(4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered.
60-212. Defenses and objections; presentations, when and how; certain motions; waiver. ( a) Time to serve a responsive pleading. ( 1) In general.
60-212. (C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.
A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.
A party may request oral argument?either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.