Article 15: Uniform District Court Rules of Practice and Procedure · Last amended March 11, 2020 · Last verified July 22, 2026
In one sentenceThis rule tells parties what to do when a case removed to federal court gets sent back to Nebraska district court, covering how to build the record from the federal case, what happens to pleadings and pending motions, and how prior discovery carries over.
(A)Record. If a case removed to federal court is remanded to a district court of this State, the defendant(s) must file with the clerk of the district court a record of the federal court case within 14 days after the date the remand order is file stamped by the clerk of the district court.
Before filing the record, the defendant(s) should confer with the plaintiff(s) regarding which documents should be included in the record. The parties should make a good faith effort to agree on which documents should be included.
The record must be consecutively paginated and contain (1) a table of contents that states the title and initial page number of each pleading or document in the record, (2) a copy of each pleading filed in the federal court case, (3) a copy of each protective order and discovery order entered in the federal court case, (4) a copy of any other document filed in the federal court case that may be relevant to the adjudication of the case on remand, and (5) a certification that the contents of the record are accurate copies of the documents in the federal court’s electronic records.
The copies must include the federal court header with the federal court case number, document number, filing date, page number, and page identification number. The certification must be made by the attorney(s) for the defendant(s) or, if a defendant(s) is self-represented, by the self-represented defendant(s).
Within 10 days after the record is filed by the defendant(s), the plaintiff(s) may file a supplemental record. The supplemental record should contain a copy of any document filed in the federal court case that in the judgment of the plaintiff(s) should have been included in the record but was not. The supplemental record must be in the same format as the record.
For good cause shown, the district court may extend or shorten the time for filing the record or the supplemental record and may grant a party leave to file an additional supplemental record.
(B)Pleadings and Motions. After remand, repleading is unnecessary unless the district court orders it. Within 20 days of the date on which the remand order was file stamped by the clerk of the district court, a party that was not in default in the federal court case may (1) serve a responsive pleading if the party did not previously serve a responsive pleading or (2) serve a Neb. Ct. R. Pldg. § 6-1112(b), (e), or (f) motion if the party did not previously serve a responsive pleading. Any defenses that were waived pursuant to § 6-1112(h) before the case was removed or that were waived pursuant to Fed. R. Civ. P. 12(h) while the case was pending in federal court may not be revived.
Any motions that were pending in the federal court case as of the date of the remand order are deemed to have been withdrawn without prejudice.
(C)Discovery. Any discovery requests or subpoenas that were pending as of the date of the remand order are deemed to have been withdrawn unless the parties agree otherwise.
If the federal court entered a protective order or a discovery order that is in effect on the date that the remand order is mailed to the district court, the order is deemed to be an order of the district court when the remand order is mailed and the parties are bound by the terms of the order. Either party may file a motion with the district court to vacate or modify the order under the Nebraska Court Rules of Discovery in Civil Cases.
Any discovery obtained in the federal court case, including depositions, may be used in the district court case as though the discovery had been obtained in the district court case.
Amendment History
§ 6-1527 adopted March 11, 2020.
Plain-English Summary
A case can travel from state court to federal court and back again, and when it lands back in district court, the record has to reflect what happened while it was away. Section 6-1527 sets the process. Within fourteen days after the remand order gets file-stamped, the defendant has to file a record of the federal case with the district court clerk, after first conferring with the plaintiff, in good faith, about which documents belong in it. That record has to be consecutively paginated, carry a table of contents, and include copies of every pleading, every protective and discovery order, and any other document from the federal case relevant to what happens next — each page still showing the federal court’s header, case number, document number, filing date, and page identifiers, and the whole thing certified accurate by counsel or a self-represented defendant. The plaintiff then gets ten days after that filing to add a supplemental record of anything left out, and the court can adjust these deadlines for good cause.
Once the record is in place, the rule turns to what happens with the pleadings themselves. Repleading is not required unless the district court orders it. A party that was not in default in federal court gets twenty days from the remand order to serve a first responsive pleading or motion if it had not already done so — but any defense already waived under the federal or state rules before or during removal stays waived; it does not come back to life on remand. Any motions still pending in federal court when the case was remanded are deemed withdrawn without prejudice, so a party who wants that motion decided has to refile it in district court.
Discovery gets similar treatment. Pending discovery requests and subpoenas are deemed withdrawn unless the parties agree otherwise, though a federal protective or discovery order still in effect becomes an order of the district court once the remand order is mailed, binding the parties on the same terms unless a party moves to vacate or modify it under Nebraska’s discovery rules. And whatever was obtained in federal court — including depositions — can be used in the district court case exactly as though the discovery had happened there in the first place.
Frequently Asked Questions
How soon does a defendant have to file the federal court record after a case is remanded?
Within fourteen days after the remand order is file-stamped by the clerk of the district court, after conferring in good faith with the plaintiff about what to include.
What has to be included in the record filed after remand?
A table of contents, a copy of each pleading, each protective and discovery order, and any other relevant document from the federal case, consecutively paginated, retaining the federal court headers, and certified accurate by counsel or a self-represented defendant.
Do the parties have to replead everything after a case is remanded?
No, not unless the district court orders it. Repleading is unnecessary by default.
What happens to motions that were pending in federal court when the case was remanded?
They are deemed withdrawn without prejudice, meaning a party who still wants a ruling has to refile the motion in district court.
Does a protective order entered by the federal court still apply after remand?
Yes. If it was in effect when the remand order was mailed to the district court, it is deemed an order of the district court, and the parties remain bound unless a party successfully moves to vacate or modify it.
Can discovery obtained while the case was in federal court be used after remand?
Yes. Any discovery obtained in the federal case, including depositions, may be used in the district court case as though it had been obtained there.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as:remand from federal court procedure nebraskafiling federal court record after remanddiscovery after remand district courtpending motions withdrawn on remandprotective order survives remand