Is State Court Issued Discovery Still Due in 30 Days?
When state court case is removed to federal court is the state court issued discovery still due in 30 days? Or is it stayed and the FRCP then applies? I am trying to figure out when my discovery deadline is now that my case went from Oklahoma County to the Western District.
Answer: I think Rule 26 will apply and control so that your discovery will not be due until the deadlines are established in the federal court action. Hanna v. Plumer, 380 U.S. 460 (1965) seems to stand for the proposition that where a federal rule addresses a procedural issue, the federal, rather than the state procedural rule will apply.
Posted on Tue, August 25, 2009
by Sharon Coleman filed under