Rule 71A. REMOVAL TO THE SUPERIOR COURT

(a) Who May Remove; Time. Any party to a civil proceeding may, within 20 days after service of the last required pleading or within 10 days after service of any amendment to the pleadings or any responsive pleading permitted thereto, remove the proceeding to the Superior Court in the county in which the Probate Court where the proceeding was commenced sits. (b) Procedure for Removal. Removal shall be effected by filing notice thereof, serving a copy thereof upon all other parties, and paying to the register the required fees, including the entry fee in and the cost of forwarding the proceeding to the Superior Court. The register shall thereupon file in the Superior Court a copy of the original papers and exhibits and transcript, if any, in the proceeding, together with a certified copy of all docket entries under the master docket number for the estate, guardianship, or trust under which the proceeding to be removed is docketed; provided that the Probate Court shall first determine any motion for approval of attachment, trustee process, or replevin pending at the time of removal. If prior to removal a pleading required of the removing party has not been filed, it shall be filed forthwith in the Superior Court. Thereafter, the action shall be prosecuted in the Superior Court as if originally commenced therein. If the party giving notice of removal does not comply with the requirements of this subdivision, the proceeding shall be heard and determined in the Probate Court as if no notice of removal had been given. (c) Effect of Orders. Any order of the Probate Court entered prior to removal shall remain in force until modified by the Superior Court. (d) Joint or Several Removal. Parties interested jointly, severally, or otherwise in any civil proceeding may join in removal thereof; or any one or more of them may remove separately or any two or more of them may join in removal. moval had been given. (c) Effect of Orders. Any order of the Probate Court entered prior to removal shall remain in force until modified by the Superior Court. (d) Joint or Several Removal. Parties interested jointly, severally, or otherwise in any civil proceeding may join in removal thereof; or any one or more of them may remove separately or any two or more of them may join in removal. (e) Removal for Consolidation. Any party to a civil proceeding may at any time before the hearing on the merits remove the proceeding to the Superior Court in any county for purposes of joint hearing or trial or consolidation with a civil action there pending, as provided in Rule 42(a) of the Maine Rules of Civil Procedure. The party seeking removal shall first move in the Superior Court for an order granting joint hearing or trial or consolidation, conditional on completion of the removal. If that motion is granted, the party may file and serve notice of removal as provided in subdivision (b) of this rule, appending thereto a certified copy of the Superior Court’s order. All subsequent proceedings shall be in accordance with subdivisions (b)-(d) of this rule. VIIIB. TRANSFER