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S.D. Ind. L.R. 81-1

Notice of Removal and Response in Diversity Cases

activein force · 2023-07-01 – presentact-effective-date

(a) Notice Requirement. Every notice of removal based, in part or in whole, on

diversity jurisdiction pursuant to 28 U.S.C. § 1332(a) must include:

(1) a statement that the amount in controversy, exclusive of interest and costs at

issue satisfies the jurisdictional amount requirement; and

(2) a listing of the citizenship of each party.

(b) Response. Within 30 days after the filing of the notice of removal, every plaintiff

who has not filed a motion to remand must file a statement responding to the notice of

removal’s allegations as to the citizenship of the parties and the amount in controversy. If

the plaintiff lacks sufficient information upon which to form a belief about those allegations

despite meeting and conferring in good faith with the removing party about them, the

plaintiff may so state.

(c) Fed. R. Civ. P. 7.1 Not Satisfied. Filing the notice of removal or the response does

not satisfy the requirements of Fed. R. Civ. P. 7.1(a)(2). Any disclosure statement required

by Rule 7.1(a)(2) must be filed as a separate document.

(d) Burden of Proof. Nothing in this rule alters the burden of proof with respect to

jurisdictional allegations.

History

Note: Amended July 1, 2023, to clarify that disclosures required under Fed. R. Civ. P. 7.1 must be filed separately and in addition to the statement required by Local Rule 81-1.

Provenance

Source
www.insd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
3cd42f2e8a3a8f9ad860cbb0965aea40fe3d1e27faae5a607ce4f709fe5c26b7
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