I dismissed w/out prejudice a federal complaint, that I am about to refile. Most of the causes are state (Georgia), and I may ultimately (before service) drop the federal causes. I prefer to be in fed now, for the 120 days to serve.
My question is, if I do end up dropping the fed causes, what will happen? Will I be forced to stay in fed court, since that's where it's filed, or will I have the option to have it sent down to state court, as there are no longer any fed issues involved. Or will it automatically be sent down?
Also, I have a couple other complaints in superior court (and they may connect with this one), and would prefer it to go there, as opposed to state court, if it is sent down. Will I have that choice?
My question is, if I do end up dropping the fed causes, what will happen? Will I be forced to stay in fed court, since that's where it's filed, or will I have the option to have it sent down to state court, as there are no longer any fed issues involved. Or will it automatically be sent down?
Also, I have a couple other complaints in superior court (and they may connect with this one), and would prefer it to go there, as opposed to state court, if it is sent down. Will I have that choice?