Summary
The notice of removal to federal court must be filed within 30 days of receiving the initial pleading, as per 28 U.S.C. § 1446(b). Exceptions include receiving an amended pleading or discovering new evidence that makes the case removable. In Illinois, judges cannot practice law while serving, as per Illinois Supreme Court Rule 65(F) and Canon 4(G). A motion for alternative service is typically required under Illinois Code of Civil Procedure (735 ILCS 5/2-203.1), but judges have discretion. Filing an appeal does not automatically stop foreclosure; a motion to stay is needed. Clerks must accept filings under Federal Rules of Civil Procedure Rule 5(d)(4). For free legal advice in DuPage County, contact DuPage County Bar Association or Prairie State Legal Services.Full Conversation
yes, what are the exceptions
Thank you for your question. Under * U.S.C. § *(b), the *-day deadline for filing a notice of removal can be extended under certain conditions, such as:
- Receipt of an amended pleading, motion, order, or other paper that makes the case removable.
- Discovery of new evidence that makes the case eligible for federal court.
Could you specify what new information or changes have occurred in your case?
What code or law says a judge cannot be registered as an attorney and judge
In Illinois, a judge is generally not allowed to practice law while serving on the bench. This rule is in place to avoid conflicts of interest and maintain judicial impartiality.
In Illinois, the relevant rules include:
- **Illinois Supreme Court Rule *(F)**: Prohibits judges from practicing law.
- **Illinois Code of Judicial Conduct, Canon *(G)**: Judges should not practice law.
Could you clarify if you need more information on this topic or have another question about the removal process?
What if a lawyer never put in a motion for alternative service but the judge let the lawyer
Thank you for your question. To better assist you, could you please clarify if the judge allowed the lawyer to proceed without filing a motion for alternative service, or if there is another specific concern you have regarding this situation?
yes, the judge allowed the lawyer to proceed without filing a motion for alternative service
Thank you for the clarification. In Illinois, the rules surrounding alternative service are generally governed by the Illinois Code of Civil Procedure. Typically, a motion for alternative service is required to ensure due process. However, exceptions may occur under the judge's discretion.
Key Points:
- **Illinois Code of Civil Procedure (* ILCS */*-*.*)**: Generally requires a motion for alternative service.
- Judges have discretion in specific cases.
Is there a particular concern or consequence you're worried about regarding the judge's decision in your case?
in what specific cases
Thank you for your question. The specific cases where a judge might allow the lawyer to proceed without filing a motion for alternative service in Illinois can be based on:
- Prior unsuccessful attempts at service.
- Urgency or necessity demonstrated to the judge.
- Evidence that the defendant is avoiding service.
Is there a specific detail or outcome you are concerned about in your case?
in illinois where can you call to get free legal advice
In Illinois, you can contact the following for free legal advice:
Illinois Legal Aid Online
Phone: (*) *-*
Website: www.illinoislegalaid.org CARPLS (Coordinated Advice & Referral Program for Legal Services)
Phone: (*) *-*
Website: www.carpls.orgIs there a specific legal issue you need advice on?
in dupage county illinois where can you call to get free legal advice
In DuPage County, Illinois, you can contact the following for free legal advice:
DuPage County Bar Association Lawyer Referral Service
Phone: (*) *-*
Website: www.dcba.org Prairie State Legal Services
Phone: (*) *-*
Website: www.pslegal.orgIs there a specific legal issue you need assistance with?
does an appeal stop your house from being forclosed on
In Illinois, filing an appeal does not automatically stop a foreclosure. You would typically need to request a stay of the foreclosure proceedings.
Key Points:
- File a motion to stay foreclosure.
- The court must grant the stay.
Would you like information on how to file a motion to stay?
what is a motion to stay foreclosure
A motion to stay foreclosure is a legal request to temporarily halt the foreclosure process. This allows the homeowner more time to address the underlying issues, such as catching up on missed payments or resolving disputes.
Key Points:
- It pauses foreclosure proceedings.
- Requires court approval.
- Often used to seek additional time for resolution.
Would you like information on how to file this motion in Illinois?
what ucs code or ucc says the clerk must accept what you are filing with the court
Thank you for your question. The clerk's duty to accept filings generally falls under administrative and procedural rules, not the Uniform Commercial Code (UCC).
Key Points:
- **Federal Rules of Civil Procedure Rule *(d)(*)**: "The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice."
- **Illinois Supreme Court Rules**: Specific rules related to filings can be found in the Illinois Supreme Court Rules, particularly Rule * regarding electronic filing.
Would you like more information on a specific type of filing or any other assistance?
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