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Co notice removal 2025

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The document is a legal form from the Small Claims Court in Colorado, detailing the process for a defendant to request the removal of a case to either County Court or District Court due to a counterclaim exceeding the jurisdictional limits of Small Claims Court. It includes sections for plaintiff and defendant information, case details, and notices regarding the new court proceedings.

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What is the timeline for notice of removal?

Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.

What happens when a case is removed?

(a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.

Why would a party seek to remove a case from a state court to a federal court?

The main reason civil cases are removed from state to federal court is that while filed in state court, perhaps in good faith; it is discovered that one party, usually the defendant has moved to another state. Now you have a case which if other requirements are met 1.

Do all defendants have to agree to removal?

Where a state court complaint names multiple defendants, all properly joined and served defendants must consent to removal unless they are fraudulently joined.