How do you change a complaint filed in a New York State Civil Court and make it fileable in a Federal Court?

Question

I sued my former employer and raised some Constitutional issues. My employer made a "notice of removal" and had the case moved from New York State Court to Federal Court (US District Court). What do I have to do to the complaint to file it in Federal Court. I have multiple causes of action including a Section 1983 action, breach of contract, tortious interference and I am asking for specific performance of my contract. PLease help

Answer 1

Withdraw your case in the New York State Court and file a new case in the Federal Court. Since you have many causes of action, you have to make a joinder of issues or alternative actions so that all related issues can be tried by the same court.

Answer 2

Now that you are in federal court, the procedure is governed by the federal rules of civil procedure (FRCP). Under FRCP 15(a)
"(a) Amendments. A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders."
Good luck.

Answer 3

If you don't have an attorney that can answer all of these questions better than we can, you are not ready to pursue your case in either state or federal court. Find a good attorney first. Once you have done that, you don't need Yahoo to handle the rest.

Answer 4

Don't quote me on this but I think you can appeal after the state of New York has made it's judgment, and it will go to the Supreme court. Depending on what the case is about of course.