Puerto Rico Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
Control #:
US-PI-0095
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.
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FAQ

Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.

To remove a case from state court to federal court, defendants have 30 days from being served to initiate the removal process. The removability determination involves assessing federal subject matter jurisdiction based on federal question or diversity jurisdiction, ensuring complete diversity among opposing parties.

The federal district courts are the trial courts in the federal court system. Puerto Rico has one federal district court, which is known as the U.S. District Court for the District of Puerto Rico. The seven judges on this court must be nominated by the U.S. President and confirmed by the U.S. Senate.

Puerto Rico is part of the First Circuit Court of Appeals. The jurisdiction has one federal district court, the U.S. Federal District Court for the District of Puerto Rico. It also has a Bankruptcy Court.

As Puerto Rico is under United States sovereignty, U.S. federal law applies in the territory, and cases of a federal nature are heard in the United States District Court for the District of Puerto Rico.

The United States Court of Appeals for the First Circuit hears appeals from the United States District Courts for the Districts of Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.

United States District Court for the District of Puerto Rico | First Circuit | United States Court of Appeals.

The lowest level is the Court of First Instance (Tribunal de Primera Instancia), which includes both municipal and district courts. The intermediate appellate court is the Circuit Court of Appeal (Tribunal de Apelaciones). The Supreme Court (Tribunal Supremo) is the highest court in Puerto Rico.

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Puerto Rico Motion to Dismiss or Transfer - Civil Trial