Removal: Post-Removal Procedure

by Practical Law Litigation

A Practice Note that outlines the key procedural issues to consider after a case has been removed to federal court. This Note addresses whether state or federal law governs the case post-removal, including Federal Rule of Civil Procedure (FRCP) 81(c)(1) and relevant cases like Erie R.R. v. Tompkins. It discusses post-removal service of process under 28 U.S.C. § 1448 and FRCP 4, and the necessity of filing proof of service with the federal district court. The Note also covers the importance of filing the state-court record in compliance with 28 U.S.C. § 1446(a) and § 1447(b). It provides guidance on responding to complaints after removal, including filing initial or amended answers and pre-answer motions under FRCP 12. Additionally, the Note explores amendments to pleadings under FRCP 15, including the implications of adding nondiverse parties under 28 U.S.C. § 1447(e). The Note further examines scheduling and discovery issues, pre-removal motions and orders, and the handling of pre-removal bonds and attachments, ensuring compliance with federal procedures post-removal.