New Jersey Sample Letter for Defendant's Notice of Removal

State:
Multi-State
Control #:
US-0771LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Defendant's Notice of Removal — Case No. [Case Number] Dear [Recipient's Name], I am writing this letter as the defendant and submitting my Notice of Removal in regard to the aforementioned case currently pending in the [Court Name] of [County/Location], New Jersey. As the defendant in this case, I formally request the removal of this lawsuit from the state court to the federal district court under the authority and provisions provided by 28 U.S.C. § 1441. The grounds for removal are as follows: 1. Diversity of Citizenship: The parties involved in this lawsuit are diverse in terms of citizenship. I, as the defendant, [Name], am a resident of [Address, City, State], and the plaintiff, [Plaintiff's Name], is a resident of [Address, City, State]. This diversity satisfies the requirements for removal under 28 U.S.C. § 1332, as the amount in controversy exceeds the statutory threshold of $75,000. 2. Federal Question Jurisdiction: This case also involves substantial federal questions, specifically pertaining to the interpretation and application of federal laws, including but not limited to [state the specific federal statutes or constitutional issues]. The resolution of these federal questions is crucial to the outcome of this lawsuit. I kindly request that you acknowledge the receipt of this Notice of Removal promptly. Additionally, I request that you file a copy of this Notice, along with all associated documents, with the federal district court where the case will be removed. Please consider this letter as my intent to remove this case to the federal court, and provide instructions for further actions on my part, if any, in order to facilitate the smooth transition of this lawsuit. If you have any questions or require additional information regarding this Notice of Removal, please do not hesitate to contact me at the provided email address or phone number. Thank you for your attention to this matter. Sincerely, [Your Name]

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FAQ

Notice pleading refers to pleading standards that merely notify the opposing party and court of the general issues in the case. In contrast to fact pleading standards, notice pleading standards do not require pleadings to include hyper-detailed facts in support of each claim.

New Jersey is a notice-pleading state, meaning that only a short statement of the claim need be pleaded.

Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, whether an original claim, counter-claim, cross-claim or third-party claim, shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled ...

1. First you must file with the special civil division an Order to Show Cause (OTSC), Verified Complaint with Certification, proposed Order of Ejectment and proposed Writ of Execution. 2. The Judge then signs the OTSC, sets forth the details for service on the occupant, and sets a return date for the hearing/trial.

New Jersey is a notice-pleading state, meaning that only a short statement of the claim need be pleaded.

You may be able to stop this warrant and remain in the property if you apply to the Special Civil Part Court for relief. You may apply for relief by delivering a written request to the Office of the Special Civil Part and to the landlord or landlord's attorney.

Pursuant to §1446(a) the Notice of Removal must contain a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon the party removing the action. This is known as the Notice of Removal Package.

While fact-based pleading has not been a part of the federal civil process since the 1930s, it remains alive and well in many of the country's biggest and busiest state courts, including California, New York, Pennsylvania, Florida, Texas, Missouri, Virginia, Illinois, New Jersey, Connecticut and Louisiana.

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New Jersey Sample Letter for Defendant's Notice of Removal