How do you petition the court to move your case back from federal to state

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How do you petition the court to move your case back from federal to state

Asked on May 11, 2009 under Criminal Law, Pennsylvania

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You would make a "Motion to Remand" the action back to State Court.  This is a legal filing that you make to the Federal Court, explaining why your case should not be in Federal Courtand why the State Court is more appropriate for your case.  This is usually based on the Federal Court not having the proper "jurisdiction."    There are Court Rules that you can obtain that indicate what you need to say in the papers.  There is a fee for filing the papers unless you can show indigence. 

If you contact the Clerk of the Court in the County in which you seek to bring back the action, they can point you in the right direction, although hiring a lawyer is always a good alternative.

http://www.aopc.org/T/CommonPleas/ClerksOfCourts.htm


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