3. Removal Jurisdiction

Question 1

What is required for removal of jurisdiction?

Answer 1

1) Defendant files for removal
- Current defendant
- Properly joined defendants

2) State Court => Federal Court
- Same district
- Same state

3) Federal Court has SMJ
- Before removal
- At time of removal

4) ANY Defendant is NOT citizen of Federal Court (Diversity cases only)
- Single D
- Single D out of Multiple Ds

5) NO federal defence

Question 2

What is the procedure for removal of jurisdiction?

Answer 2

1) D files notice to everyone
- State Court
- Federal Court
- Other parties

2) D files notice within;
- 30 days after case deemed removable
- At least 1 year after case commenced in state action (if P acted in bad faith to prevent removal) (Diversity cases only)

Question 3

What is the procedure for remand to state court?

Answer 3

Case has NO jurisdiction
- P must file motion for remand within 30 days after D’s notice (before judgment is issued)

Federal claims are ALL resolved
- Court has discretion to remand case