§ Rule 9.1 Transfer of Files; Notification Requirements

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 9.1

Rule 9.1. Transfer of Files; Notification Requirements

    (a) Notice to Transferee Court Clerk. The Clerk of the Panel, via a notice of electronic filing, will notify the clerk of the transferee district whenever a Panel transfer order should be filed in the transferee district court.

    Upon receipt of an electronically certified copy of a Panel transfer order from the clerk of the transferee district, the clerk of the transferor district shall transmit the record of each transferred action to the transferee district and then, unless Rule 9.1(b) applies, close the transferred action in the transferor district.

    (b) Retention of Claims. If the transfer order provides for the separation and simultaneous remand of any claim, cross-claim, counterclaim, or third-party claim, the clerk of the transferor district shall retain jurisdiction over any such claim and shall not close the action.

    (c) Notice to Clerk of Panel. The clerk of the transferee district shall promptly provide the Clerk of the Panel with the civil action numbers assigned to all transferred actions and the identity of liaison counsel, if or when designated. The clerk of the transferee district shall also promptly notify the Clerk of the Panel of any dispositive ruling that terminates a transferred action.