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Rule 9027-1

Removal And Remand

(a) Notice of Removal of Litigation.  A notice of removal of litigation pending in a court in Arizona shall be filed with the bankruptcy court clerk's office in the division where the removed litigation is pending.

(b) Remand.  A motion for remand of the litigation removed under subsection (a) shall be filed with the bankruptcy court clerk's office in the division where the removed litigation is pending and shall be heard by the court.

(c) Filing of Pleadings.  Unless otherwise ordered by the court, the party filing the notice of removal shall file with the clerk, in chronological order, copies of all process, pleadings (as narrowly defined by F.R.Civ.P. Rule 7(a)), and minute entries and orders filed in the litigation prior to removal plus, if available, a copy of the docket for the removed litigation from the court where the removed litigation is pending.  In addition, the party filing the notice of removal shall file a copy of any motion that was pending at the time of removal, together with any related response and reply.  Each such document shall be filed separately.  Instead of exact, scanned copies of what had been filed, the removing party may re-create from word processing format identical new PDF-format documents for filing electronically.  All such documents shall be filed within the later of:

(1) 30 days after filing a notice of removal under subsection (a), or;

(2) if a motion to remand is filed prior to the expiration of such 30-day period, 14 days after entry of an order denying such a motion to remand.

(d) Notice of Pending Motion.  Any party seeking a ruling on a motion that was pending at the time of removal shall file with the court a Notice of Pending Motion and Request for Hearing.  The Notice shall identify the motion by name and its new docket number in the bankruptcy court’s docket; describe the status of briefing on the motion; and state when a hearing should be scheduled for it to be heard.  Unless otherwise ordered by the court, removal shall not otherwise affect the time to respond or reply to a motion filed prior to removal. 

(e) Jury Trial Demand.  Within 14 days of service of the notice of removal, a party must comply with Bankr. Rule 9015 to preserve any right to a trial by jury.


Committee Notes 2009:  Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.

Committee Notes 2007: Subsection (c) was added to make the procedure under Local Rule 9027-1 comport with ECF filing practices so that all pleadings in the removed action will be accessible on the ECF system rather than just those filed post-removal. The 30-day deadline in subsection (c)(i) was chosen based on the assumption that most remand motions will be filed within 30 days after a notice of removal. If a motion to remand is filed within that 30-day period, subsection (c)(ii) makes it unnecessary to file pre-removal pleadings unless and until the motion is adjudicated in a way that keeps the removed litigation in the bankruptcy court. Where the pre-removal pleadings are voluminous, or where other exceptional circumstances justify deviating from the specified procedure and timelines, the “unless otherwise ordered by the Court” clause at the beginning of subsection (c) allows the Court the discretion to grant the relief it deems appropriate. Subsections (d) and (e) are intended to adopt similar procedural rules to those adopted by the Local Rules of the District Court for the District of Arizona for removal of state court actions to that court.

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