Travis Texas Emergency Motion to Remand Cause

• Category: Criminal - Motions
• State: Multi-State
• County: Travis
• Control #: US-00859
• Format: Word; Rich Text

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states. Travis Texas Emergency Motion to Remand Cause is a legal procedure that aims to have a case returned to the state court from federal court based on jurisdictional grounds. When a lawsuit is initially filed in state court but later removed to federal court by the defendant, the plaintiff has the right to file an emergency motion requesting the case to be remanded back to the original state court. In Travis County, Texas, there may be various types of emergency motions to remand causes based on different circumstances. Some common examples include: 1. Lack of Subject Jurisdiction: This motion is filed when the plaintiff argues that the federal court does not have jurisdiction to determine the case. It may be due to the absence of a federal question or diversity jurisdiction, where the parties involved are citizens of the same state. 2. Improper Removal: If the defendant improperly removes the case from state court to federal court, the plaintiff can file an emergency motion to remand, asserting that removal was done in violation of procedural rules or without proper grounds. 3. Forum Defendant Rule: Under the forum defendant rule, if a case is removed to federal court and all defendants are citizens of the state where the lawsuit was filed, the plaintiff can seek an emergency motion to remand, arguing that diversity jurisdiction does not apply. 4. Waiver of Removal: When a defendant engages in actions that can be interpreted as willingly submitting to state court jurisdiction, the plaintiff can file an emergency motion to remand, asserting that the defendant has waived their right to remove the case to federal court. It is crucial to consult with an attorney experienced in federal and state jurisdiction to determine the best course of action regarding an emergency motion to remand cause. The attorney can assess the specific circumstances of the case and provide guidance on the applicable laws and procedures to pursue the motion effectively.

Travis Texas Emergency Motion to Remand Cause is a legal procedure that aims to have a case returned to the state court from federal court based on jurisdictional grounds. When a lawsuit is initially filed in state court but later removed to federal court by the defendant, the plaintiff has the right to file an emergency motion requesting the case to be remanded back to the original state court. In Travis County, Texas, there may be various types of emergency motions to remand causes based on different circumstances. Some common examples include: 1. Lack of Subject Jurisdiction: This motion is filed when the plaintiff argues that the federal court does not have jurisdiction to determine the case. It may be due to the absence of a federal question or diversity jurisdiction, where the parties involved are citizens of the same state. 2. Improper Removal: If the defendant improperly removes the case from state court to federal court, the plaintiff can file an emergency motion to remand, asserting that removal was done in violation of procedural rules or without proper grounds. 3. Forum Defendant Rule: Under the forum defendant rule, if a case is removed to federal court and all defendants are citizens of the state where the lawsuit was filed, the plaintiff can seek an emergency motion to remand, arguing that diversity jurisdiction does not apply. 4. Waiver of Removal: When a defendant engages in actions that can be interpreted as willingly submitting to state court jurisdiction, the plaintiff can file an emergency motion to remand, asserting that the defendant has waived their right to remove the case to federal court. It is crucial to consult with an attorney experienced in federal and state jurisdiction to determine the best course of action regarding an emergency motion to remand cause. The attorney can assess the specific circumstances of the case and provide guidance on the applicable laws and procedures to pursue the motion effectively.