Effective Date: June 20, 2014 Supersedes: December 21, 2009
Notice of Removal is filed as an adversary proceeding. The filing fee is the same amount as an Adversary Proceeding.
1. Select Adversary menu.
2. Select Open a New Adversary Case.
Select Office: Des Moines.
Select Case type: ap.
Select “n” in the Complaint field
3. Search for the plaintiff.
Enter social security number, tax identification number, last name, first and middle name or business name to search for plaintiff in the CM/ECF database.
4. Did the Plaintiff appear in the Party Search Results screen? Choose one of the following for further instructions.
5. Search for the defendant.
Enter social security number, tax identification number, last name, first and middle name or business name to search for defendant in the CM/ECF database.
Enter business name to search for defendant name.
6. Did the Defendant appear in the party Search Results screen? Choose one of the following for further instructions.
7. Add Statistical information.
Party Code – Select appropriate party code.
Rule 23 (class action) – Select “yes” if filing refers to a class action.
Jury Demand – Select “plaintiff” if filing requests a jury demand.
Demand – Enter amount for demand (i.e., 5 = 5000).
State Law - Select n, y or u.
Primary nature of suit – Select 01, Determination of removed claim or cause.
Second through Fifth natures of suit - None.
8. Add associated case.
Enter chapter case number, if available.
If none available, leave blank and warning message appears: “Related case not entered.”
9. Association type: Adversary
10. Select Divisional Office – Des Moines.
11. Select Notice of Removal.
12. Browse, verify and attach the document.
Attach supportive documents, if applicable.
Warning Message appears:
Filing Fee is required immediately upon the filing of this document. Failure to pay this fee before the end of the day will result in the SUSPENSION of CM/ECF e-filing access until all outstanding filing fees are paid in full.
13. Enter payment information.
Attorney Filer: Do not enter any characters in the receipt number field.
USA Filer: Enter Exempt in the receipt number field.
14. Select Next.
15. Verify final docket text before submitted onto case docket.
When defendant files the Notice of Removal, the docket text is worded incorrectly. The court will modify the docket text.
16. Pay filing fees. To see credit card screens, click here.
Attorney Filer: Select Pay Now or Continue Filing.
USA Filer: Does not appear.
17. Review the Notice of Electronic Filing. It’s your receipt.
The party filing the Notice of Removal must serve a copy of the Notice of Removal on all parties to the removed claim or cause of action promptly (14 days) after filing the Notice of Removal.
The judge may do one of the following:
Hold a scheduling conference.
Abstain from the case after determining this is a non-core proceeding.
Remand back to Federal or State Court.