State action removed to federal court. How about the answering deadline?

Asked 9 months ago - Sunnyvale, CA

I am a defendant in a state action. The co-defendant has removed the state action to federal court based on all defendants' consent. I had already submitted my demurrer to that state action. So, do I have to submit Motion to Dismiss for the new federal action? Do I get 30 days to submit that Motion to Dismiss from the date of Notice To Remove? Thanks.

Attorney answers (2)

  1. John Noah Kitta


    Contributor Level 19

    Answered . You need to immediately find and experienced attorney who is very familiar with Federal rules of civil procedure. Move quickly; so you can give your legal counsel reasonable time to take the necessary action.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
  2. Daniel Nelson Deasy

    Contributor Level 20


    Lawyer agrees

    Answered . Please talk to a civil litigation attorney about this situation. I cannot imagine sending anyone I know to a federal proceeding with counsel!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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