US · rules
D. Mont. L.R. 3.3
Removal and Remand
(a) Removal.
(1) Within seven days after filing a notice of removal to this court of any
action originally filed in state court, the removing party must deliver
to the state court a copy of the notice of removal.
(2) When the state court file is received in this court, the clerk will enter
into CM/ECF the pleadings and any state court injunction orders filed
to date in the state court. All other documents will be attached as
exhibits to the state court docket sheet.
(3) Motions and other requests directed to the state court are
automatically terminated upon removal but may be refiled in this
court.
(4) If a non-removing party’s counsel is not a member of the Bar of this
court when the notice of removal is filed, the non-member counsel
may appear for the limited purpose of seeking an extension of time to
12 | P a g e
D.Mont L.R. 3.3 Removal and Remand
respond or reply to pending motions. The motion for extension must
be filed nonelectronically. Non-member counsel must become a
member or new counsel must appear within seven days of the non-member counsel’s appearance.
(b) Remand. Promptly upon receipt of an order remanding an action to
state court, the clerk will produce the record in the form requested by the state
court, along with a certification in like form. This court’s record and the original
state court record will be delivered by certified mail with return receipt requested,
by personal delivery, or by other means requested by the state court. The clerk
must obtain a receipt or other confirmation of delivery and file such confirmation
in this court’s record of the case. The electronic record will be retained by this
court.
Provenance
- Source
- www.mtd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
5ac9ec73aae164274323e8eb6fe7793a7258b9c67be4eded44862caec5d4cbe6
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.