(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
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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.
