Rule 9027-1

Removal And Remand

(a) Notice of Removal of Litigation.  A notice of removal of litigation pending in an Arizona court must be filed with the Clerk's office where the bankruptcy case is pending.

(b) Remand.  A motion for remand of the removed litigation under subsection (a) must be filed with the Clerk's office where the bankruptcy case is pending.

(c) Filing of Pleadings.  Unless ordered otherwise, the party filing the notice of removal must file with the Clerk in chronological order copies of all process, pleadings (as narrowly defined by FRCP Rule 7(a)), and minute entries and orders filed in the state court litigation along with a copy of the docket. In addition, the party filing the notice of removal must file a copy of any pending motion together with any related response and reply. All documents must be filed by the later of:

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

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

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

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

 

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