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 Removal Papers

 

 United States District Court
 Middle District of Florida

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 TIMING

30 Days After Receipt of Initial Pleading

A notice of removal must be filed within 30 days after defendant's receipt of the complaint or within more...    If the action set forth in the initial pleading is not removable, removal is timely within 30 days more...   

Answer to Removed Action

After removal, re-pleading is unnecessary unless the court orders it. A defendant who did not answer before removal more...

21 days after receiving through service or otherwise a copy of the initial pleading stating the claim more...

21 days after being served with the summons for an initial pleading on file at the time of more...

Jury Demand

As Affected by State Law

A party who, before removal, expressly demanded a jury trial in accordance with state law need not renew more...

Under Rule 38

If all necessary pleadings have been served at the time of removal, a party entitled to a jury more...

 Grounds for Removal

Federal Question Jurisdiction

Removable Without Regard to Citizenship

An action based on a claim or right arising under the Constitution, treaties, or laws of the United more...

Separate and Independent Removable Claim

Whenever a separate and independent claim arising under federal law is joined with a non-removable claim, the case more...

Diversity Jurisdiction

Complete Diversity

Diversity jurisdiction requires that none of the defendants be a citizen of the state in which the action more...

Amount in Controversy

Case law authority requires that the amount in controversy must exceed $75,000 at the time of removal. more...

Defendants Must Be Joined In Removal

Case law authority holds that in most cases, the removing party must obtain joinder in the removal process more...

File in Proper Division

All cases removed to the Middle District of Florida shall be docketed and assigned, in accordance with the more...

Pending Motions

When a case is removed to the Middle District and there are still pending motions on which briefs more...

 Form and Format of Papers

Federal Court Notice

The removing party initiates the removal process by filing a notice of removal in the United States District more...

Statement of Grounds for Removal

The notice must contain a short and plain statement of the grounds for removal and a copy of more...

Removal Based on Diversity

Case law authority holds that if removal is based on diversity jurisdiction, the citizenship of each party and more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Designation of Trial Counsel

The first pleading filed on behalf of any party or parties represented by counsel shall be signed by more...

Additional Requirements

Middle District of Florida SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Copies of State Court Documents

The removing party must provide copies of all process, pleadings, and orders served on the removing party. more...

Local Rule: Copies of State Court Dcuments

The party removing the case must file with the notice of removal a true and legible copy of more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes. . more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

Notice of Pendency of Other Actions

Counsel of record in each case has a continuing duty to inform the Court and counsel of the more...

Counsel shall give notice by filing and serving a "Notice of Pendency of Related Actions" containing a list more...

Other Documents

The court may supply additional documents that must be served with the Removal Papers. more...

 FILING AND SERVICE

Filing and Service of Complaint, Notice of Removal

Initial Documents

The Clerk will accept a complaint, notice of removal or other initial document and the accompanying civil cover more...

(1) If using a disk or a CD, the filer must submit the initial filing in .pdf format. more...

(2) The Clerk will scan and electronically file an initial filing submitted in paper format. more...

(3) The filing fee must accompany an initial filing. more...

A copy of the state court record in a removed case must be filed electronically. Administrative Procedures for Electronic Filing II(A)(2), revised 3/15/07. more...

Summons

A filer may submit a completed summons to the Clerk accompanied by a self addressed, stamped envelope. more...

Traditional Service Required

A party may not electronically serve a complaint or summons but must effect service according to Federal Rules more...

Fee Schedule

The fee schedule for the Middle District of Florida is available online at . more...

Filing and Service of Removal Notices

Federal Court Notice

The removing party initiates the removal process by filing a notice of removal in the United States District more...

Notice to State Court

The removing party shall file the notice of removal with the clerk of the state court where the more...

State Court Notice Filed in Federal Court

The state court notice and proof of service thereof must be filed with the federal court within a more...

Notice to Adverse Parties and State Court

The removing party shall give written notice of the removal to all adverse parties and file the notice more...

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