Notice to State Court of Removal to Federal Court
(PA)

Summary

This notice to state court of removal to federal court can be used by defendants in a Pennsylvania state court action who wish to remove their action to federal court based on federal question jurisdiction. This template includes practical guidance and drafting notes. After filing a notice of removal in district court, the defendant must promptly file a copy of the petition with the state court where the action is pending. 28 U.S.C. § 1446(d). Filing a certified copy of the district court petition will avoid any difficulty with the local prothonotary. This court filing, together with the written notice to the parties of the district court filing, are the acts that actually affect removal and deprive the state court of any further jurisdiction in the matter. There are three federal district courts in Pennsylvania—Eastern, Middle, or Western. These courts have their own rules, forms, and regulations. They also publish helpful guidance. For example, the U.S. District Court for the Western District of Pennsylvania publishes an online attorney handbook that contains instructive guidelines for the notice of removal and service thereof in that particular jurisdiction, such as the following: • The style of the notice of removal should be the same as the original petition filed in state court. • Copies of all state court papers should be attached to the notice of removal. • A certificate of service should accompany the notice of removal. The notice and accompanying documents are served upon the prothonotary and all opposing counsel. Be sure to check the website for the federal court into which you are transferring your case. The federal courts in Pennsylvania have websites that are easy to access and well-organized. These courts also require online e-filing and a user account/password for full electronic docket access. See 28 U.S.C. §§1441–1453 for federal statutes governing the removal process and the manner in which various types of actions are moved into federal court from state court. For federal procedural rules regarding an action that has been removed to federal court, see Fed. R. Civ. P. 81. These rules cover types of action that are subject to removal (Rule 81(a)), rules for after the action has been removed (Rule 81(c)), and which rule of law applies (Rule 81(d)). For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For a discussion on removing a case to federal court, see Removing a Case to Federal Court (Federal). For a checklist on the topic, see Removing a Case to Federal Court Checklist (Federal).