Petition for Removal and Remand

(A) Petition for removal. A party who serves a counterclaim against the state or makes the state a third-party defendant in an action commenced in a court other than the court of claims shall file a petition for removal in the court of claims. The petition shall state the basis for removal, be accompanied by a copy of all process, pleadings, and other papers served upon the petitioner and shall be signed in accordance with Civil Rule 11. (B) Time for filing petition. A petition for removal based on a counterclaim shall be filed within twenty-eight days after service of the counterclaim of the petitioner. A petition for removal based on third-party practice shall be filed within twenty-eight days after filing of the third-party complaint of the petitioner. (C) Notice to parties. Within seven days after filing a petition for removal, the petitioner shall serve a copy of the petition upon all parties and the attorney general of this state, and shall file a copy of the petition with the clerk of the court in which the action was originally brought. (D) Adjudication and remand. The court of claims shall adjudicate all claims removed, except that the court may remand a claim to the court in which it originated upon a finding that the removal petition does not justify removal or upon a finding that the state is no longer a party. [Effective: July 1, 1975; amended effective July 1, 1976.]