Rule 55.34 Remand of Case Removed to Federal Court

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XXXIV. Rule 55.34 Remand of Case Removed to Federal Court

A. Text of Rule

(a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.

(b) Within thirty days after the date of the order of remand, the plaintiff shall file a list of all documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court. Within forty days after the date of the order of remand, any other party shall file a list of any other documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court.

(c) Any discovery that occurred in the federal court action is deemed to have occurred in the state court action.

B. Historical Note

Rule 55.34 was adopted April 27, 1999, and became effective January 1, 2000. Rule 55.34 was promulgated by the Supreme Court of Missouri under the authority of Article V, § 5, of the Missouri Constitution.

C. Cross-References

See 28 U.S.C. §§ 1441 et seq. (procedures for removal of actions filed in state court to federal court); E.D.Mo. L.R. 81-2.03.

D. Time Constraints

The date of the remand...