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Removal is the process of transferring a lawsuit filed in state court to the United States District Court with jurisdiction over the same area. A defendant can remove a case from state to federal court by filing a notice of removal in federal court and then notifying the state court and the other parties.

If a motion is pending and undecided in the state court at the time of removal, the Court need not consider the motion unless and until a party files and serves a notice of pending motion.

The magic trick for plaintiffs seeking to avoid removal of their case to federal court is to plead only state claims (to avoid federal question removal) and sue at least one party from the same state (to avoid diversity removal).

Removal is the process of transferring a case from state court to federal court. It is provided for by federal statute.Once a case has been removed from state to federal court, the state court no longer has jurisdiction over the matter, though a federal court can remand a case to state court.

Any pending motions and responses to those motions filed in the state court should be attached to the Notice of Removal as a separate attachment from the state court file with a cover sheet indicating which motions are currently pending. The Original Filing Form (Designation Sheet) must be completed.

A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain

Removal refers to the transfer of a civil action from state trial court to federal district court. Notice of removal:In such a case, the defendant or defendants may remove the case to the federal district court for the district and division in which the action is pending.

Federal Pleadings and Next Steps Having successfully removed the case to federal court, be sure to identify the deadline for filing an answer or other responsive pleading in that forum. Note that the deadline for a responsive pleading can be as short as seven days after the notice of removal is filed.

A notice of removal is signed by the defendants and filed in federal court to begin the process of transferring the civil action from state court to federal court.In such a case, the defendant or defendants may remove the case to the federal district court for the district and division in which the action is pending.

WHY REMOVE A CASE TO FEDERAL COURT. Possible Advantages. A plaintiff generally gets to pick the forum and venue and this is one way to disrupt his/her possibly well-planned approach and to level the playing field. The removing party may have better familiarity with federal rules and procedural requirements.