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When a case gets remanded back to state court. What steps are needed to get it back on schedule for a trial?

Fresno, CA |

When a federal district judge remands the case, does the state court automatically place it back on the calander? How long does it take for new trial to be scheduled?

Attorney Answers 3


  1. You will likely need to get a Preliminary Conference Order so that you can get the discovery process started. Call the Court Clerk so that they can help you proceed.

    I wish you the best of luck.

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    Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  2. I imagine that the case was earlier removed from state to federal court and that the federal court found that either it was improperly removed or that there were other compelling reasons for the case to be heard in state court. In either event, the case is probably in its early stages. The state court should place it back in the position it was in before it was transferred to federal court, but, as every practitioner knows, the court system is not perfect.

    If you are represented by counsel, your counsel should know what steps to take. If you are not represented by counsel, make sure the state court has a copy in its file of the federal court's order remanding the case.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information. If you wish to contact Mr. Haber, you may do so by calling him at 212 791-6240 or by e-mailing him at info@Haberlawoffices.com.


  3. In California, the answer depends upon the particular courthouse and judge's calendar. If you are the plaintiff, you should not assume that the state court will automatically set a new trial date.

    The court normally requires a Case Management Conference to be conducted before the case can be set for trial. Therefore, i suggest that you call the court clerk of the courtroom to which the case is assigned, and ask that the court set a Case Management Conference.