We’re Not in Kansas Anymore

Removal jurisdiction is the power of the defendant to move a lawsuit filed in state court to federal court. This must be done within 30 days of the defendant’s receipt of the summons with initial pleading in a case. Furthermore, the defendant must have a reason to move the case, such as diversity jurisdiction or federal question jurisdiction.

Research the basis for removal jurisdiction, using LexisAdvance or Fastcase. Use http://guides.rasmussen.edu/justicestudies/paralegal for directions on using the Rasmussen Paralegal Program’s research services. Your supervising attorney has brought the case of Dorothy West to you, and asked you to get up to speed on removing a case from Kansas to federal court. Dorothy West, the Plaintiff, is from Kansas, and has sued your client, Wendy Witch, in your home state due to an accident on an icy road last winter. Your client, Wendy, was intoxicated when the accident occurred. Your supervising attorney is concerned with the case being in front of the state court judge, Judge Albright, who is notoriously hard on drunk driving after his daughter was injured by a drunk driver years ago. He would like to get the case in front of a federal judge in federal court, if at all possible.

Compose a memorandum to your supervising attorney, explaining whether removal is possible in this case. You should also explain what a Notice of Removal would need to contain, and how long you have before the Notice needs to be filed. Fully explain where the notice is filed–is anything filed in state court or federal court? Will you still need to file an answer in state court if it is removed to federal court? If it is removed, how long do you have to file an answer in federal court? You should consult federal statutes and case law, as well as your local rules of court for the federal court overseeing your hometown.

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