Local Rule Local Rule 81-1: Notice of Removal and Response in Diversity Cases

Local Rule 81-1 – Notice of Removal and Response in Diversity Cases

(a) Notice Requirement. Every notice of removal based, in part or in whole, on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a) must include:

(1) a statement that the amount in controversy, exclusive of interest and costs at issue satisfies the jurisdictional amount requirement; and

(2) a listing of the citizenship of each party.

(b) Response. Within 30 days after the filing of the notice of removal, every plaintiff who has not filed a motion to remand must file a statement responding to the notice of removal's allegations as to the citizenship of the parties and the amount in controversy. If the plaintiff lacks sufficient information upon which to form a belief about those allegations despite meeting and conferring in good faith with the removing party about them, the plaintiff may so state.

(c) Fed. R. Civ. P. 7.1 Not Satisfied. Filing the notice of removal or the response does not satisfy the requirements of Fed. R. Civ. P. 7.1(a)(2). Any disclosure statement required by Rule 7.1(a)(2) must be filed as a separate document.

(d) Burden of Proof. Nothing in this rule alters the burden of proof with respect to jurisdictional allegations.

Note: Amended July 1, 2023, to clarify that disclosures required under Fed. R. Civ. P. 7.1 must be filed separately and in addition to the statement required by Local Rule 81-1.