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US · rules

D. Mont. L.R. 3.3

Removal and Remand

activein force · 2025-12-01 – presentact-effective-date

(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
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D. Mont. L.R. 3.3 — Removal and Remand · binding.law