Notice.
(1) Notice of Removal. To remove an action from state court, the removing
party must file a Notice of Removal that complies with 28 U.S.C. § 1446(a).
The Notice of Removal must include:
Local Rules of Civil Practice - District of Utah Eff. December 2025
(A) a short and plain statement of the grounds for removal signed
under Fed. R. Civ. P. 11;
(B) the additional content required in section 81-1(a)(2), if the court’s
jurisdiction for removal is based on diversity of citizenship;
(C) a certification that a copy of all processes, pleadings, and orders
served on the removing party are filed in the federal case as
required by this rule and 28 U.S.C. § 1446(a), and as permitted by
28 U.S.C. § 1447; and
(D) the attachments required in section 81-1(b).
(2) Additional Content Required in Notice of Removal in Diversity Cases.
(A) If the court’s jurisdiction is based on diversity of citizenship,
irrespective of whether service of process has been effectuated on
all parties, the Notice of Removal must include:
(i) in the case of each individual named as a party, that party’s
residence and domicile and any state or other jurisdiction of
which that party is a citizen for purposes of 28 U.S.C. § 1332;
(ii) in the case of each party that is a partnership, limited liability
partnership, limited liability company, or other
unincorporated association, like information as required in
section 81-1(a)(2)(A)(i) for all its partners or members, as
well as the state or other jurisdiction of its formation;
(iii) in the case of each party that is a corporation, its state or
other jurisdiction of incorporation, principal place of
business, and any state or other jurisdiction of which that
party is a citizen for purposes of 28 U.S.C. § 1332;
(iv) in the case of an assigned claim, corresponding information
for each original owner of the claim and for each assignee;
Local Rules of Civil Practice - District of Utah Eff. December 2025
(B) the date on which each party was served; and
(C) the removing party must state in the Notice of Removal if any of the
information above is unknown. Within 21 days after removal, the
removing party must file an amended notice containing the omitted
information.
(b) Attachment of State Court Record.
The court will not upload the state court record to the docket. At the time of
removal, the removing party must file the state court record as separate
attachments to the Notice of Removal, including:
(1) a copy of the operative complaint;
(2) a current copy of the state court docket sheet;
(3) a copy of the operative scheduling order or notice of event due dates, if
available; and
(4) a single attachment containing all pleadings, motions, orders, and other
relevant filings, organized in chronological order by the state court filing
date, and if applicable, consistent with DUCivR 5-2 and 5-3.
Pending State Court Motions.
(1) Disposition of Pending State Court Motions. All pending motions and other
requests directed to the state court are automatically denied without
prejudice on removal.
(2) Obligation to Refile. If a party seeks a decision on a motion that was
automatically denied under section 81-1(c)(1), the party must refile the
motion, citing to relevant federal law and state if expedited consideration
is requested. DUCivR 7-1 governs the motion.
Local Rules of Civil Practice - District of Utah Eff. December 2025
Scheduling Order After Removal.
(1) Unless stipulated by the parties and ordered by the court, all deadlines
contained in the state court scheduling order or notice of event due dates
are automatically vacated on removal.
(2) The parties must conduct an Attorney Planning Meeting under Fed. R. Civ.
P. 26(f) within 14 days after the time to file a motion to remand has
expired or the motion has been denied, whichever occurs last.
(3) The parties must file the appropriate motion within 21 days after the time
to file a motion to remand has expired or the motion has been denied,
whichever occurs last, as follows:
(A) If the parties reach an agreement on all issues in the Attorney
Planning Meeting Report, they must file a Stipulated Motion for
Scheduling Order and attach the jointly signed Attorney Planning
Meeting Report. They must also email a stipulated Proposed
Scheduling Order in editable format to the assigned judge in the
case, or if an order referring the case to a magistrate judge has
been entered, to the referred magistrate judge.
(B) If the parties do not agree on all issues in the Attorney Planning
Meeting Report, they must file a Motion for Scheduling Conference
and attach the Attorney Planning Meeting Report. They must also
email their respective Proposed Scheduling Orders in editable
format to the assigned judge in the case, or if an order referring the
case to a magistrate judge has been entered, to the referred
magistrate judge.
Local Rules of Civil Practice - District of Utah Eff. December 2025
