Recently we issued an opinion that the e-filing regime in the Superior Court was not adapted to the federal deadline for removing cases to the District Court of 30 days from notice to the defendant of the initial complaint. The problem is that the plaintiff serves the defendant with the complaint and thereafter e-files the complaint with the Superior Court at least six days before the return day set by the plaintiff, a day that may be more than 30 days after service of the complaint on the defendant.
Currently the defendant can file nothing until the plaintiff e-files the complaint. So if the plaintiff files the complaint 31 days after service on the defendant, the federal deadline has passed before the defendant can file the removal notice. Catch-22!
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
