Section 326. Procedure on removal  


Latest version.
  • (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.