Assistance with Notice of Removal

Discussion in 'Credit Talk' started by SUNHAWK, Sep 24, 2004.

  1. SUNHAWK

    SUNHAWK Well-Known Member

    I need some help if possible from someone that has fought in Federal court.

    Summary: I filed a small claims case. Defendant filed to move the case to Federal Court. I filed a motion to remand to state court. Defendent then filed the following:

    1) Motion with proposed order to dismiss and quash (the docket says an answer brief is due for both)

    2) Opening brief in support of motion to dismiss and motion to quash (docket says an answer brief is due)

    Here is my question:

    Can I file a single document titled:

    "Answer brief in opposition to motion to dismiss and motion to quash"

    Or, do I have to file an:

    Answer brief to the first motion
    Answer brief to the second motion
    Answer brief to the opening brief
     
  2. pd11604

    pd11604 Well-Known Member

    I would file all 3, that way there is no question about what was meant for what
     
  3. SUNHAWK

    SUNHAWK Well-Known Member

    How would you label them?

    "Opposition to Motion to Dismiss"

    "Opposition to Motion to Quash"

    Regarding the 3rd one (answer brief to opening brief), I would think since the opening brief is simply a brief in support of the two motions, filing an answer brief to the opening brief itself would be redundant or no?

    Here is the wording of the docket:

    "Answer brief due regarding [5-1] motion" which is the motion to dismiss

    "Answer brief due regarding [5-2] motion" which is the motion to quash

    Regarding the opening brief, all it says is "Answer brief due."
     
  4. pd11604

    pd11604 Well-Known Member

    I'm not a lawyer, you could ask one for advice on these or also the court clerk could provide you with help on these

    good luck
     

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