How to remove a State court case to Federal court

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  • เผยแพร่เมื่อ 5 ก.ย. 2024

ความคิดเห็น • 91

  • @toddbrader8687
    @toddbrader8687 ปีที่แล้ว +3

    So, I used the information here to remove my foreclosure to federal court. It works. 8 years went by during litigation, stayed in my house. My family and I didn’t go homeless. Thanks. Info is on Pacer.

  • @jstanton4561
    @jstanton4561 4 ปีที่แล้ว +9

    this video is right up my alley! I'm working on 3 separate civil cases right now. One I will file in federal court due to diversity, and federal questions, and one might be at risk of being removed to fed court due to some actions being based on federal law. And I was forced to drop of out school, the highest grade I've completed is 6th, and I never went to college, and I'm planning to do what attorneys are intimidated by...good luck to me!

    • @RubbinRobbin
      @RubbinRobbin 2 ปีที่แล้ว +1

      1 year later hope all went well

  • @fearandloathingintraffic6679
    @fearandloathingintraffic6679 2 ปีที่แล้ว +4

    If there is court corruption in a civil case at the county level is there any way to have that case removed or transferred to federal court?

    • @chantelmorset7176
      @chantelmorset7176 3 หลายเดือนก่อน

      I have heard friends describe how they were treated by the judge in local state court proceedings. Interrupting their testimony, not giving the litigant a chance to be heard. Making misrepresenting the law. By telling litigants their evidence is excluded because they don't know if the law that governs the evidence has expired. So if you don't know, why would you exclude the evidence? That doesn't make sense. Another lie to exclude evidence was you have to have to whole book. The rules of evidence state, evidence has to be relevant and prove or dis-prove a claim. But these are some of the misconduct bad judges will pull on pro se litigants. And when you state the rule on evidence , they yell at you " you can Appeal it". But why would you appeal it when I just referenced the rules of evidence. That the intent to abuse their power and harassed the pro se litigant.

  • @caenterprisellc6922
    @caenterprisellc6922 2 ปีที่แล้ว +3

    Where do I submit such request? I would like to file a federal court case and lawsuit.

  • @anotherone5926
    @anotherone5926 3 ปีที่แล้ว +3

    First-time viewer ... and "Attorney Steve" you are cracking me UP, with your huge hand-pointer during such a clear, helpful presentation.
    P.S., Thanks for the info, too :)

    • @attorneysteve
      @attorneysteve  3 ปีที่แล้ว

      lol. You are welcome - glad it put a smile on your face!! #AttorneySteve

  • @AvoKupelian
    @AvoKupelian 6 ปีที่แล้ว +9

    That glove is genius lol

    • @attorneysteve
      @attorneysteve  6 ปีที่แล้ว +2

      You have a great eye! Thanks!! Steve

    • @silverbushman
      @silverbushman 4 ปีที่แล้ว +1

      To goofy iwona go to monster truck rally now !

  • @stevenp1961
    @stevenp1961 5 ปีที่แล้ว +3

    42 USC 1983 File Complaint for "Declaratory & Injunctive Relief"....or other Statutes depending on the "Complaint" you want to file....

  • @jdmans
    @jdmans 6 หลายเดือนก่อน +1

    Have the bar exam in July, 2024 this helped significantly thanks.

  • @josephmills7861
    @josephmills7861 ปีที่แล้ว +2

    Hi Steve,
    How’s the 30 days started? The hearing or the the of issued?
    Thank you Steve.

  • @anteperic2836
    @anteperic2836 3 ปีที่แล้ว +2

    So Steve, if I have an attorney (opposing counsel) who spoke into record forged court documents that were indeed submitted on her clients behalf (attorneys signature forged in 17 filings) and the judgement entry was also forged in favor of that forged motion, and on the stand with penalty of perjury counsel refuses to identify who forged the documents... well the court itself refuse to identify the author of forgery is that a federal claim on the denial of due process? Just in theory

    • @TheWormzerjr
      @TheWormzerjr 3 ปีที่แล้ว

      the federal courts are as corrupt as the state courts.

    • @chantelmorset7176
      @chantelmorset7176 3 หลายเดือนก่อน

      What !!! Really, why do you say that?

  • @debrabuckley8578
    @debrabuckley8578 4 ปีที่แล้ว +1

    That Glove sure brings out Your True Personality Steve. I am gonna call You Litigation Fighter Steve.

  • @jerlilia
    @jerlilia 5 ปีที่แล้ว +2

    This is truly an informative video. I must have watched this video 20 times to understand the role of the plaintiff after the notice of the removal have been filed in federal court. I do have one question however. If the Plaintiff agrees with the removal, they themselves will also have to file a removal notice with the state first and from there a removal notice with the Federal court with attachments. At this point will the federal court give the plaintiff a trial date. That is if the P don’t remand it. Hope this question makes sense.

  • @G.Harley.Davidson
    @G.Harley.Davidson 6 ปีที่แล้ว +2

    Good info. Yea sometimes state court has statutes designed by state legislatures, and state circuit judges don’t want to sway from these, even if constitutionally questionable.

  • @davidnims7179
    @davidnims7179 2 ปีที่แล้ว +2

    “Take Clause…”

  • @chicagocgf773
    @chicagocgf773 4 ปีที่แล้ว +1

    thank you steve! very informative. lots of information on how to file a removal..not as easy to find information on how to respond to one. "Remand" is the key word I needed :)

  • @1120mrevo
    @1120mrevo 4 ปีที่แล้ว +2

    Hi Steven great video very helpful. I have a civil suit against Bluecross blueshield. They sent me a removal notice. These huge corporations try to make it hard on the little guy. Can i file a motion to remand to state court since my suit does not exceed $10,000? I have 30days to reply.

  • @greggreenberg
    @greggreenberg 7 ปีที่แล้ว +8

    YOU THE MAN STEVE!!!!!

    • @attorneysteve
      @attorneysteve  7 ปีที่แล้ว +1

      Hahaha, glad you like!! Thank you. Steve

  • @freeairbreather2657
    @freeairbreather2657 3 ปีที่แล้ว +1

    The big orange finger put a smile on my face for such a serious topic- good contrast! lol
    Nice explanation.
    If I needed help with a Sec 1446 I'd look you up, but I'm looking for 1443, 1455. Still, the info was useful since I keep coming across those terms like complete diversity & wondered about it.

  • @PANTYEATR1
    @PANTYEATR1 7 ปีที่แล้ว +3

    Steve, what if the federal court (lets say district federal court) hits the plaintiff with the "Rooker - Feldman doctrine in this case? what ways can a plaintiff avoid or get around that doctrine? thanks Steve

    • @PANTYEATR1
      @PANTYEATR1 4 ปีที่แล้ว

      @Ti Klim i see my error here...now that i understand the legal system a little better...this was for the defendant that requests change of venue. the Rooker doctrine would apply if the defendants went to State court, lost there, then tried to move it to federal.

    • @PANTYEATR1
      @PANTYEATR1 4 ปีที่แล้ว

      @Ti Klim well like the video said, if you have federal/constitutional questions, a controversy of $75k+ diversity in defendants you can start in Fed court...sometimes an exhaustion of administrative remedies on the state level is required first.

    • @TheGrandest365
      @TheGrandest365 2 ปีที่แล้ว

      If your from a different state it automatically goes federal, interstate commerce, commerce clause. Diversity of jurisdiction.

  • @maulrat588
    @maulrat588 3 ปีที่แล้ว +1

    I found the "big orange hand" statute. It's a little bit over-reaching.

    • @attorneysteve
      @attorneysteve  3 ปีที่แล้ว

      The Big Orange Finger is exempt from all statutes. Attorney Steve® Whiteboard only!

  • @asclv1
    @asclv1 5 ปีที่แล้ว +3

    Should i file my objection in the State court first or to the Federal court

    • @conniep.8381
      @conniep.8381 4 ปีที่แล้ว +1

      I wanted to move mine from state to Federal. I first served a Motion to Remove in State court, and they just denied it. I think should have filed in Federal first.

    • @TheGrandest365
      @TheGrandest365 2 ปีที่แล้ว

      Go straight federal

    • @AllThingsRickita
      @AllThingsRickita ปีที่แล้ว +1

      How long do you have to file it n state court after it is removed to federal court?

  • @debrabuckley8578
    @debrabuckley8578 5 ปีที่แล้ว +1

    Can you do a Video on how to do a Motion in the Federal Courts?

    • @attorneysteve
      @attorneysteve  4 ปีที่แล้ว

      See if this provides any help (not geared toward federal but general idea) on how to file a motion. Check your rules. th-cam.com/video/tQgqjJy43r4/w-d-xo.html

  • @trishhawkins8209
    @trishhawkins8209 4 ปีที่แล้ว +1

    can I follow the same steps fighting a cps case

  • @vravichandran6694
    @vravichandran6694 2 ปีที่แล้ว

    My case is proceeding in state court for about 2 years. Too late to move to federal court? Diversity and dispute >$75K exists

  • @RealTalk713
    @RealTalk713 9 หลายเดือนก่อน

    Can the plaintiff file in both

  • @whathuh6965
    @whathuh6965 7 ปีที่แล้ว +6

    No Attorney has a "License" to practice law. A bar card membership is not a license.

    • @attorneysteve
      @attorneysteve  7 ปีที่แล้ว +1

      Read this from California State bar, talks about "licensed attorneys." Your beef may be with them. www.calbar.ca.gov/Attorneys

    • @whathuh6965
      @whathuh6965 7 ปีที่แล้ว +4

      BAR= "British Accreditation Regency" a foreign society/club of merely Attorneys, Judges and others holding legal positions or occupations. All of who acquire no valid license to practice law.
      This fact is evidenced in case law that a State cannot issue a license to practice law and that a license isn't required for any to practice law as it is a common right of the people.
      Schware v. Board of Examiners, 353 U.S. 238, 239 and-
      Sims v. Aherns, 271 S.W. 720 (1925)
      A state bar card is not a "License", it is rather a Union Dues card.

    • @LegalAutomation
      @LegalAutomation 6 ปีที่แล้ว

      Check your state laws. I bet you will find something that reads similar to the following which is taken from my home state of Washington in RCW 2.48.180:
      "(a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law;"
      "(3)(a) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor.
      (b) Each subsequent violation of this section, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW."
      Concerning punishment of a class C felony, the State of Washington offers the following:
      "For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine."
      It goes on to describe the limitations of non-lawyers both in-court and out-of-court.
      Call it whatever you want, but unless you are a member of your state bar, you are very limited in your ability to practice law. Doing so without state bar association membership is illegal and carries criminal penalties. Instead of calling it a "drivers licence" we could call it "department of motor vehicle membership taxation". Regardless, without that membership you cannot legally drive , and doing so anyways will land you in prison and/or with hefty fines.
      Please don't misinform people. Those who treat your advice as gospel may suffer real-world consequences.

    • @LegalAutomation
      @LegalAutomation 6 ปีที่แล้ว

      In response to your cases:
      Schware v. Board of Examiners, 353 U.S. 238, 239
      This is dealing with the right of the board of examiners to stop an individual from taking the BAR exam, based on the individual's moral behavior.
      Please read: "(b) A State can require high standards of qualifications, such as good moral character or proficiency in its law, before it admits an applicant to the bar; but any qualification must have a rational connection with the applicant's fitness or capacity to practice law."
      In short, Plaintiff Schware was not allowed to take the state BAR test because he had been a member of the communist party. This case was in 1957, in the midst of the "red scare". This case does nothing to help your argument.
      Your second case: Sims v. Aherns, 271 S.W. 720 (1925)
      This case addresses the rights of individuals to represent themselves "pro se".
      The state is not allowed to directly licence individuals. However, the state DOES approve a non-government body which is authorized to set standards, create tests, and approve members. The reason a BAR association is a non-government body is to minimize corruption whereby government officials would only admit licences to friends and associates, creating a closed loop.

    • @donald33h
      @donald33h 5 ปีที่แล้ว

      The Unauthorized Practice of Law Without a License:
      Lawyers and attorneys are NOT licensed to practice law the nature of lawyer-craft in America as per the United States Supreme Court; The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239). The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925). "CERTIFICATE" IS NOT A LICENSE to practice Law AS AN OCCUPATION, nor to DO BUSINESS AS A LAW FIRM! The "STATE BAR" card is not a licenses, it is a "UNION DUES CARD". The "BAR" is a "PROFESSIONAL ASSOCIATION";
      Under INTERNATIONAL ORDERS: ALL LAWYERS, whether they left law school yesterday or 50 years ago, are EXACTLY THE SAME. All lawyers have to file the same motions and follow the same procedures in using the same unconstitutional "lawyer system". Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar (377 U.S. 1); Gideon v. Wainwright 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425. Litigants may be assisted by unlicensed layman during judicial proceedings.

  • @shahrinislam4480
    @shahrinislam4480 6 ปีที่แล้ว

    Does fraud upon the court grounds for a state court case removed to federal court?

  • @mudhuthamashukitenahagadud7881
    @mudhuthamashukitenahagadud7881 6 ปีที่แล้ว +3

    I just did this against child support in the 9th district of southern California.

    • @attorneysteve
      @attorneysteve  6 ปีที่แล้ว +2

      Congrats!!

    • @mudhuthamashukitenahagadud7881
      @mudhuthamashukitenahagadud7881 6 ปีที่แล้ว +2

      Steve Vondran your videos are extremely valuable for someone like me. Keep doing what you do man, If I ever need an attorney in California or Arizona I know who to call.

    • @laraelowens583
      @laraelowens583 6 ปีที่แล้ว

      Steve Vondran your the best I use to dislike attorneys because my attorney pushed me into a bill of attainder on fraud and duress but after watching most of all of your videos I have respect for you because you keep it real and you open my eyes to understand that all attorneys are not the same you're out to help other attorneys are out to only get money I used to say United States of money now I say United States of Steve Vondran

    • @andrel.9124
      @andrel.9124 6 ปีที่แล้ว

      Did you hire a federal attorney to do this?

    • @chrisj197438
      @chrisj197438 5 ปีที่แล้ว

      Dre Stone
      When someone doesn’t respond it means they lied

  • @hockeyslade
    @hockeyslade 3 ปีที่แล้ว +1

    Hell Yea Steve! Thank you so much!!!

  • @stevenp1961
    @stevenp1961 5 ปีที่แล้ว +2

    ; ) Love you Steve! Ty for this....

  • @oneshowoneservant
    @oneshowoneservant 2 ปีที่แล้ว

    🔥good show brother man 🔥👍

  • @carolineday8321
    @carolineday8321 8 ปีที่แล้ว +1

    does anyone here know what to do when a major share holder of family pty ltd dies and the remaining director puts all share holders shares into his own name sells the home unit and claims insolvency in the same week and runs off with the $130,000. what would be the cause of action in federal court? Australia cday3@our.ecu.edu.au

  • @khosrowjahanbin7221
    @khosrowjahanbin7221 ปีที่แล้ว

    Thanks a lot.

  • @lilrockswag
    @lilrockswag 3 หลายเดือนก่อน +1

    Amend the complaint as a matter of course quickly add a party who shares citizenship with the plaintiff destroy diversity

  • @anm2945
    @anm2945 4 ปีที่แล้ว +1

    Thanks.

  • @brownlady007
    @brownlady007 7 ปีที่แล้ว +1

    The amount in controversy must EXCEED $75, 000 not be $75,000. In other words must be $75,001 or more. Check your FRCP facts and rules

    • @attorneysteve
      @attorneysteve  7 ปีที่แล้ว +1

      I think you may have missed the annotation. Sometimes it won't show up on mobile devices. Thanks and have a nice day!

    • @smile83tye
      @smile83tye 5 ปีที่แล้ว +1

      Attorney Stated this in his video. Clear

  • @hockeyslade
    @hockeyslade 4 ปีที่แล้ว +1

    Hell yea Steve!

  • @davidmartinjr.2633
    @davidmartinjr.2633 7 ปีที่แล้ว

    Steve whats the difference between 1441 & 1446?

    • @attorneysteve
      @attorneysteve  7 ปีที่แล้ว +3

      Hi David, we are not allowed to give legal advice online. Generally speaking these code sections discuss grounds for removal (1441), procedure for removal (1446), and process after removal (1447). Check out this website for more information, its one of my favorites. Good luck! www.law.cornell.edu/uscode/text/28/1446

    • @browneye6000
      @browneye6000 7 ปีที่แล้ว +1

      5 lol

  • @charlieminaj2
    @charlieminaj2 5 ปีที่แล้ว

    If federal law and state law work side by side or federal courts deal with cases in relation to the USA specifically why do individual states get sued by individuals? when the government on a hole is the UNITED STATES GOVERNMENT? Therefore THE UNITED STATES OF AMERICA is enforcing immigration laws?? but still immigration violations are dealt with in state courts? You said it’s about jurisdiction? I would assume the federal court has more jurisdiction than individual states if federal crimes are more severe?🤦🏼‍♂️help?🤷🏼‍♂️

    • @nflores5433
      @nflores5433 5 ปีที่แล้ว

      I believe there is a supremacy clause in the consitution for this matter

  • @jacquelinebtoccigailhelena5184
    @jacquelinebtoccigailhelena5184 5 ปีที่แล้ว +1

    I have a lawyer handling it

  • @teamkandi-mg4ys
    @teamkandi-mg4ys 2 ปีที่แล้ว

    11