Rule 3 Commencement of Action, Removal to Chancery Court, and Objection and Dismissal

(a) Original Filing in Chancery Court. A civil action is commenced in the chancery court when service is completed upon all defendants, pursuant to Rule 4. A civil action is “brought” for statute of limitations purposes upon filing the initial pleading in chancery court. Any named party may file an objection to proceeding in chancery court on or before the date its first responsive pleading or motion to dismiss is due. Within ten days of the objection, the plaintiff shall either produce a valid contract designating the chancery court as the forum for resolving disputes, request dismissal without prejudice, or specify the district court where the action could properly have been filed and to which it should be removed. If the chancery court has not been designated as the forum for resolving disputes in a valid contract, and the plaintiff does not request dismissal, the chancery court shall enter an order removing the case to the district court designated by the plaintiff in accordance with Rule 40.1(c). The chancery court retains jurisdiction to analyze and enforce forum-selection agreements. An objection to proceeding in chancery court is waived if not brought within the time provided in this rule.

(b) Removal to Chancery Court. An action may be removed from district court to chancery court when:

(1) All parties consent in writing within sixty (60) days of service of the last defendant; and

(2) The case meets the eligibility requirements of W.S. § 5-13-115 and these rules.

(c) Removal after Amended Pleading. If the case stated by the initial pleading is not removable, a notice of removal may be filed within sixty (60) days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable, if all parties consent in writing and the case meets the eligibility requirements of W.S. § 5-13-115 and these rules.

(d) Procedure after Removal Generally.

(1) Written Notice to the District Court. Promptly after the filing of such notice of removal of a civil action, the removing party shall file a copy of the notice with the clerk of such district court, which shall effect the removal and the district court shall proceed no further.

(2) Order of Removal. The case shall be deemed removed from district court to chancery court upon entry of an Order of Removal by the chancery court, which shall be issued within three (3) days following the filing of the notice of removal. The Order shall state that the chancery court obtained jurisdiction over both the parties and the subject matter of the district court action and that the district court should proceed no further. In the event a hearing is pending when the notice of removal is filed with the clerk of the district court, the Order on Removal shall require the removing party to notify the district court clerk of the removal of the action.

(3) Court Record. Within fourteen (14) days of entry of the Order on Removal, the removing party shall file with the clerk of chancery court a copy of the entire district court record and proceedings, including the docket sheet.

(4) Process. In any case removed from district court, the chancery court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the district court or otherwise.