81.1 Removal Actions

(a) Answer

Defendant(s) shall file an answer or present other defenses or objections available under the Federal Rules of Civil Procedure within the time frame established by Rule 81(c) of the Federal Rules of Civil Procedure.  If such answer has previously been filed in State Court, it shall be refiled separately from other State Court pleadings and captioned "Answer".

(b) Refiling Motions

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party refiles the motion with this court. Each motion must be filed separately on this court's docket. Any objection or other response must be filed by the nonmoving party separate from other pleadings and in accordance with Rule 7.1.

(c) Certified Copy of State Court Record

The removing party shall file with the clerk's office a certified or attested copy of the state court record within fourteen (14) days of the filing of the notice of removal.

(d) Remand

Whenever the court remands an action to state court, the clerk's office shall send a certified copy of the remand order and docket entries to the state court clerk's office.

History

(§§ (a), (b), and (c) amended 1/1/97; § (b) amended 1/1/98; § (a) amended 1/1/06; §§ (a) and (c) amended 12/1/09; § (a) amended 12/1/15; § (b) amended 12/1/17)