(a) If a case removed to federal court is remanded to a court of this state, the date of the remand order is deemed the date of service for determining when a pleading shall be filed or an action taken.
Rule 55.34.Remand of Case Removed to Federal Court.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended January 1, 2000 · Last verified July 22, 2026
In one sentenceRule 55.34 treats a federal remand order’s date as the date of service for pleading deadlines, requires the parties to file lists and copies of federal court documents within 30 and 40 days to rebuild the state court file, and deems federal discovery to have occurred in the state action.
Full Text of Rule 55.34
(b) Within thirty days after the date of the order of remand, the plaintiff shall file a list of all documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court. Within forty days after the date of the order of remand, any other party shall file a list of any other documents filed in the federal court that are to be made a part of the state court file and shall provide a copy of each such document to the court.
(c) Any discovery that occurred in the federal court action is deemed to have occurred in the state court action.
Amendment History
Adopted Apr. 27, 1999, eff. Jan. 1, 2000.
Plain-English Summary
When a case removed to federal court gets remanded back to a Missouri state court, the date of the remand order becomes the reference point for pleading deadlines — it’s deemed the date of service for determining when a pleading must be filed or an action taken, instead of whatever service date applied before removal.
The rule also handles rebuilding the state court file after time spent in federal court. The plaintiff has 30 days after the remand order to file a list of all documents filed in the federal case that should become part of the state court file, along with a copy of each. Any other party then has 40 days after the remand order to file a list, and copies, of any additional federal court documents that should be added.
Discovery doesn’t have to start over. Any discovery that occurred while the case was in federal court is deemed to have occurred in the state court action, so the parties can rely on it going forward instead of repeating it.
Frequently Asked Questions
What happens to pleading deadlines when a case is remanded from federal court in Missouri?
The date of the remand order is deemed the date of service for determining when a pleading must be filed or an action taken.
Who must rebuild the state court file after a remand?
The plaintiff files a list and copies of federal court documents within 30 days, and any other party can add additional documents within 40 days.
How long do I have to file federal court documents with the state court after remand?
The plaintiff has 30 days after the remand order; any other party has 40 days.
Does discovery taken in federal court carry over after remand?
Yes, Rule 55.34(c) deems discovery that occurred in the federal action to have occurred in the state action.
Does removal and remand reset the clock for filing an answer?
The remand order date becomes the operative date of service, which effectively resets deadlines measured from service.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: remand from federal courtremoved case remand deadlinesrebuilding court file after remanddiscovery after remand