Removal Procedures; Supplemental Filing of State Court Record and

U.S. District Court for the Western District of Kentucky

Rule Set: Local Rules of the U.S. District Court for the Western District of Kentucky

Rule: 81.1

Jurisdiction: WDKY

Bluebook Citation: W.D. Ky. L.R. 81.1

Procedure for Pending State Court Motions (a) Supplemental Filing of State Court Record. When removing an action from state court, within 30 days following the filing of a Notice of Removal, the removing party must electronically file any portion of the state court record it considers relevant to the removed action that the removing party did not file at the time of removal pursuant to 28 U.S.C. § 1446(a). When filing any additional portions of the state court record, the removing party shall organize them in chronological order by state court filing date, shall include a clear and concise description of each attachment in the description field of each attachment, and shall also file the state court docket sheet. (b) Obligation to Refile Pending State Court Motions.

If any motion remains pending in state court at the time of removal, and if the movant wishes the District Court to rule on the motion, the party that initially filed the motion must 12 refile the motion in the District Court case within 14 days after removal. Unless already fully briefed, Responses and Replies shall be filed in accordance with LR 7.1.

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