Local Rule 81.1: REMOVAL
D. Mass. — Civil rule
RULE 81.1 REMOVAL
(a) Filing of State Court Record. Within 28 days after filing a notice for removal of an action from a state court to this court pursuant to 28 U.S.C. § 1446, the party filing the notice shall file certified or attested copies of all records and proceedings in the state court and a certified or attested copy of all docket entries in the state court.
(b) Failure to File. If the clerk has not received the papers required to be filed under subsection (a) within 42 days of the filing of the notice for removal, the case shall be remanded to the state court from which it was removed, unless the court directs otherwise.
(c) Remand. When a case is remanded to a state court, the clerk shall mail certified copies of the docket and order of remand, together with the remainder of the original file, to the clerk of the state court.
(d) Timing of Remand. Absent a court order to the contrary, no sooner than 30 days following an order of the court remanding a case to state court pursuant to 28 U.S.C. § 1447(c), the clerk shall remand the case to state court consistent with subsection (c). A motion for reconsideration of an order of remand shall not further delay the transfer of the file to state court unless the court orders otherwise.
Effective September 1, 1990; amended effective December 1, 2009, June 17, 2022.