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Three questions pertaining to removing a case from state court to federal court in another state...

San Diego, CA |

Counterclaim >$75k, diversity of citizenship, federal question

If an attorney is licensed in Arizona but not California, but they are allowed to represent clients in federal court in Arizona, are they automatically allowed to represent clients in federal court (only) in California?

I know that a defendant can remove a case from state court to federal court (if it's properly heard in fed. court) but if a plaintiff files in state court and then moves to a different state & the defendant files a counterclaim, can the plaintiff/counter defendant then request the case removed to the fed court in the new state (domicile)?

Can the plaintiff remove the case from AZ state court to CA fed. court or must it be AZ federal court? Will provide additional info upon request. Thank you very much.

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Attorney answers 4

Posted

The link below has the Federal Removal statute. You can remove to any Federal venue that still complies with diversity (second link below). An attorney licensed in a state court that has permission to practice in Federal court can practice Federal law in any Federal court int he nation either by admission or pro hoc vice (temporary admission). You really want to work with an attorney to fight this.

Posted

It sounds like you have a federal civil question, not a federal criminal question. You should contact a civil attorney and not a criminal attorney.

Asker

Posted

????

Posted

Sounds like you are doing it this yourself. You need an attorney

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

Posted

Not a criminal law related question.

Asker

Posted

Never said it was... unless this website has a glitch.

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