§ Rule 10.3 Motion to Remand

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 10.3

Rule 10.3. Motion to Remand

    (a) Requirements of the Motion. If the Clerk of the Panel does not enter a CRO, a party may file a motion to remand to the transferor court pursuant to these Rules. Because the Panel is reluctant to order a remand absent the suggestion of the transferee judge, the motion must include:

        (i) An affidavit reciting whether the movant has requested a suggestion of remand and the judge's response, whether the parties have completed common discovery and other pretrial proceedings, and whether the parties have complied with all transferee court orders.

        (ii) A copy of the transferee district court's final pretrial order, if entered.

    (b) Filing Copy of Motion. Counsel shall file a copy of the motion to remand in the affected transferee district court.

    (c) Notice of Appearance. Within 14 days of the issuance of a “Notice of Filing” of a motion to remand, each party or designated attorney shall file a Notice of Appearance in accordance with Rule 4.1(c).