Procedure for Removal of a Civil Case from State Court to Federal District Court
A defendant seeking to remove a civil action from a State court to the Federal District Court shall file a notice of removal in the District Court to which the action is to be transferred. The notice must contain a short statement of the grounds for removal,
together with a copy of all process, pleadings, and orders served upon the defendant. The notice of removal must be filed within 30 days after the receipt of the initial pleading.
The defendant must give written notice to all adverse parties and file a copy of the notice with the clerk of the State court. Once the notice of filing is received in the clerk’s office, the case is removed and shall proceed no further unless or until the matter is remanded from the District Court. At this point, the State court case shall be closed. After prompt review of the notice, the District Court either enters an order for summary remand to the State court when the face of the notice and annexed exhibits do not support a removal or orders an evidentiary hearing to determine whether removal should be permitted. If the
District Court decides to permit removal, it shall notify the State court in which the case was pending. See 28 U.S.C.A. 1445.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
