Note: "The following template pleadings packages
are provided for informational purposes only. We are not attorneys, and cannot
legally advise you. If you do not understand what you are doing, you should
first seek the advice of competent professional legal counsel. Blah, blah, blah,
and more blah..." WHO WRITES THIS KIND OF STUFF WHEN THE
UNITED STATES SUPREME COURT SAYS THAT WE **CAN** ADVISE EACH
OTHER? SEE HERE.
To all PARENTS who wish to MOVE their
corrupted/wrong/bad/etc STATE case to FEDERAL court:
Note: you must be listed in the state court
case as the DEFENDANT ("Respondent" is ok, too) to use these... and a federal
removal can usually only be done within 30 days of receiving a "bad" order, or
some other judicial event wherein you "first" learn that your federal rights
[like basic due process, equal protection, etc., etc.] are/were violated. Been
longer than 30 days since the last court violation against you? No problem. Simply
file something - almost anything - in the state court, and when the crooked judge
denies you again, presto - your 30 day clock just started all over...
Due to overwhelming
demand, the following GENERIC FEDERAL PETITION FOR REMOVAL Packages are
hereby made available to all. Inside the pleadings themselves are various RED NOTES to pay serious attention to, in modifying as
necessary for your particular situation...
PLEASE DO **NOT** ASK US
TO HELP YOU MODIFY OR FILE THESE INDIVIDUAL REMOVALS - FIND SOMEBODY IF YOU NEED
TO !!!
WE JUST DO **NOT** HAVE
THE TIME TO LITIGATE EVERYONE'S CASES INDIVIDUALLY!!!
These packages can be slightly modified for use as
EITHER:
- A fit noncustodial parent seeking/demanding equal
rights to custody; or,
- Single/Both parent(s) fighting CPS/DSS/SRSS/etc
for their child(ren) back
After downloading, you will have to FIX all of the
currently combined singular/plural NOUNS and VERBS,
such as:
he/she/they
(pick
one)
his/hers/theirs
(pick one)
Petitioner(s) (pick
one)
Plaintiff(s) (pick
singular or plural)
Defendant(s)
(pick singular or plural)
Respondent(s) (pick
singular or plural)
"move(s) the
court" (singular or
plural form of verbs)
ETC
ETC
You will ALSO see where YOU must replace YOURNAME,
YOURADDRESS, MONTH, and all etc.
For making the CORRECT modifications per your
situation, you MUST look up the law yourself, and see if each citation applies
to YOUR situation... or else your filings might be partially wrong, and
inapplicable. Use the following resources to check:
on both sites above, there are links to state AND
federal (US) Constitutions, laws/statutes/rules of civil procedure that are
cited within the various pleadings you will download below.
Download the following ZIP package that is right
for you:
HOW TO FILE:
When done modifying all information for you and
your situation, print it out, sign and date it, and go make copies:
MAKE ONE EXTRA COPY FOR YOURSELF - the federal
court gets the originally-signed papers
and, either:
MAKE ONE EXTRA COPY FOR THE OTHER PARENT/ATTORNEY -
if noncustodial fighting for equal custody
or:
MAKE ONE EXTRA COPY IF FIGHTING CPS/DSS/ETC -
one to serve on CPS/DSS/SRSS/etc
and, **maybe** (check it out
**yourself**) an extra copy if needed to serve on Governor and/or Attorney
General
AND:
MAKE **ANOTHER** TWO COPIES - because the "circle
of removal" is NOT complete UNTIL you attach a filestamped
copy of the Petition for
Removal that you filed in FEDERAL court, unto and as an
Exhibit for the Notice of
Removal that you have to file with the Clerk of the STATE court.
At the very instant you file this <Notice with
Petition (Exhibit)> in the STATE court, the STATE
proceedings are **AUTOMATICALLY** STAYED pursuant to federal law, and the STATE
court may NOT do **ANYTHING** else, unless and until the federal judge might
REMAND back to the state court. And, of course, YOU will want a full copy of
this STATE filing to keep as well (with the attached exhibit addt'l copy of the
federal petition - that's why you need TWO more copies)...
WHY IT IS AUTOMATIC:
the stay of the state proceedings is an automatic judicial event, and immediate by strict operation of federal law; 28 USC § 1446(d) is provided here in its entirety:
"Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded."
Put another way, the United States Supreme Court clarified and established, clear back in 1966: "The petition is now filed in the first instance in the federal court. After notice is given to all adverse parties and a copy of the petition is filed with the state court, removal is effected and state court proceedings cease unless the case is remanded. 28 U. S. C. § 1446 (1964 ed.). See generally, American Law Institute, Study of the Division of Jurisdiction Between State and Federal Courts, Tentative Draft No. 4, p. 153 et seq. (April 25, 1966)." Georgia v. Rachel, 384 U.S. 780, 809 n27, 86 S. Ct. 1783, 16 L. Ed. 2d 925 (1966).
You might want to include the above authority somewhere in your Notice that you will file in the state court case... hint, hint.
BEFORE ACTUALLY FILING, you should
mark the first pages of each original (the ones that you
actually signed with blue or black pen) as, of course: "ORIGINAL" (preferably in red
letters, about 1/4" high, at or near the top of each cover (1st)
page)
And, also, you should (in most state's federal courts)
use a 2-3/4" center-to-center
hole puncher to make the 2-hole punches through the tops of the originals (all
pages together), but NOT any of the copies you made for yourself, and for the
other side, or etc.
AFTER you take your $150.00 and your finished
pleadings down to file your Petition for Removal in
the local federal court, then you take the two extra copies of THAT
petition, attach them to the two Notice of Removal
filings and file THOSE in your "friendly" state
court. Presto - you have removed the case to federal court, and await fairness
(maybe?? hopefully!!) there...
PLEASE DO **NOT** ASK US
TO HELP YOU MODIFY OR FILE THESE INDIVIDUAL REMOVALS
WE JUST DO **NOT** HAVE
THE TIME TO LITIGATE EVERYONE'S CASES
INDIVIDUALLY!!!
THANK YOU, AND BEST
WISHES