Legislation
SECTION 326
Procedure on removal
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
Rule 326. Procedure on removal. (a) Stay of proceedings. An order to
stay proceedings for the purpose of moving for removal may be made by
the court in which the action is pending or the court to which removal
is sought.
(b) Order and subsequent proceedings. Where an order of removal is
made by a court other than the court in which the action is pending, a
certified copy of the order shall be filed with the clerk of the court
in which the action is pending. Upon such filing or upon entry of an
order of removal by him, the clerk of the court in which an action is
pending shall forthwith deliver to the clerk of the court to which it
has been ordered removed all papers and records in the action and
certified copies of all minutes and entries which shall be filed,
entered or recorded, as the case requires, in the office of the latter
clerk. Subsequent proceedings shall be had in the court to which it has
been ordered removed as if the action had been originally commenced
there and no process, provisional remedy or other proceeding taken in
the court from which the action was removed shall be invalid as the
result of the removal.
(c) Fees and disbursements. If at the time the order of removal is
entered any filing, trial or jury demand fees have been paid, such fees
shall be credited against the fees which, for the same purpose, shall be
required in the court to which the action has been ordered removed. A
party entitled to tax disbursements after the removal may include fees
paid by him prior to the time the order of removal is entered.
stay proceedings for the purpose of moving for removal may be made by
the court in which the action is pending or the court to which removal
is sought.
(b) Order and subsequent proceedings. Where an order of removal is
made by a court other than the court in which the action is pending, a
certified copy of the order shall be filed with the clerk of the court
in which the action is pending. Upon such filing or upon entry of an
order of removal by him, the clerk of the court in which an action is
pending shall forthwith deliver to the clerk of the court to which it
has been ordered removed all papers and records in the action and
certified copies of all minutes and entries which shall be filed,
entered or recorded, as the case requires, in the office of the latter
clerk. Subsequent proceedings shall be had in the court to which it has
been ordered removed as if the action had been originally commenced
there and no process, provisional remedy or other proceeding taken in
the court from which the action was removed shall be invalid as the
result of the removal.
(c) Fees and disbursements. If at the time the order of removal is
entered any filing, trial or jury demand fees have been paid, such fees
shall be credited against the fees which, for the same purpose, shall be
required in the court to which the action has been ordered removed. A
party entitled to tax disbursements after the removal may include fees
paid by him prior to the time the order of removal is entered.