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A plaintiff objecting to the removal may file a motion asking the district court to remand the case to state court. Caterpillar, Inc.

A plaintiff objecting to the removal may file a motion asking the district court to remand the case to state court.A motion to remand the case for procedural defects in the removal must be made within 30 days after the removal notice is filed in federal court.

A document filed in a state court notifying the court that a notice of removal has been filed and the case has been removed to federal district court. This Standard Document has integrated drafting notes with important explanations and drafting tips.

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.

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.

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.

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.