§ Rule 10.1 Termination and Remand

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 10.1

Rule 10.1. Termination and Remand

    (a) Termination. Where the transferee district court terminates an action by valid order, including but not limited to summary judgment, judgment of dismissal and judgment upon stipulation, the transferee district court clerk shall transmit a copy of that order to the Clerk of the Panel. The terminated action shall not be remanded to the transferor court and the transferee court shall retain the original files and records unless the transferee judge or the Panel directs otherwise.

    (b) Initiation of Remand. Typically, the transferee judge recommends remand of an action, or a part of it, to the transferor court at any time by filing a suggestion of remand with the Panel. However, the Panel may remand an action or any separable claim, cross-claim, counterclaim or third-party claim within it, upon

        (i) the transferee court's suggestion of remand,

        (ii) the Panel's own initiative by entry of an order to show cause, a conditional remand order or other appropriate order, or

        (iii) motion of any party.