This is a multi-state form covering the subject matter of the title.
Puerto Rico Motion for Order of Remand for further consideration
State:
Multi-State
Control #:
US-MOT-01423
Format:
Word;
Rich Text
Instant download
Description
How to fill out Motion For Order Of Remand For Further Consideration?
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FAQ
A motion for remand must be made within 30 days after the notice of removal is filed, with the exception of a remand motion based on lack of subject-matter jurisdiction which can be made at any time.
Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.
See 28 U.S.C. § 1332. One seemingly simple way to destroy diversity jurisdiction and curb federal power is to name a non-diverse defendant?with sometimes limited ties to the litigation?among otherwise diverse defendants, for the sole purpose of defeating a motion for removal (i.e., improper joinder).
(c) Adoption by Reference; Exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.
Arraignment. Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto.
Rule 12(f) of the Federal Rules of Civil Procedure authorizes a trial court to "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." In a recent case of first impression, Whittlestone, Inc. v. Handi-Craft Co., 618 F. 3d 970 (9th Cir.
The Federal Rules of Civil Procedure (pdf) govern civil proceedings in the United States district courts. Their purpose is "to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed.
A federal judge can remand a case without any request by the plaintiff if the judge does not believe federal jurisdiction has been properly established by the defendant. A plaintiff can also move to have the case remanded to state court if the plaintiff does not believe federal jurisdiction exists.
