removal

Question 1

removal

Answer 1

procedure allowing D to move case from state court to federal court

Case filed in state court could have been brought in federal court– diversity of FQ requirements met

Question 2

timing

Answer 2

no later than 30 days after service of paper showing case is removable (usually service of process)

Question 3

limits on removal based on diversity

Answer 3

any D is a citizen of the forum state (but does not apply in FQ)

one year time limit from case filing (in addition to 30 days from when case became removable)

Question 4

timing

Answer 4

no later than 30 days after service of paper showing case is removable (usually service of process)
* the clock starts to tick when the defendant learns by service of any paper that the case has become removable

Question 5

limits on removal based on diversity

Answer 5

any D is a citizen of the forum state (but does not apply in FQ)
* but a diversity case with an in-state D can become removable later if the claim against the in-state D is voluntarily dismissed from the case

one year time limit from case filing (in addition to 30 days from when case became removable)

Question 6

removal

Answer 6

proceeding allowing D to move case from state court to federal court
* standard = case filed in state court could have been brought in federal court– diversity of FQ requirements met

Question 7

remand

Answer 7

P must move to remand within 30 days if defect other than lack of SMJ (if doesn’t then waives it)
* but lack of SMJ can be raised whenever

Question 8

venue for removal

Answer 8

Case must be removed to federal court embracing the state court
* doesnt matter if not proper venue under venue statutes

Question 9

venue for removal

Answer 9

Case must be removed to federal court embracing the state court
* doesnt matter if not proper venue under venue statutes

Question 10

venue for removal

Answer 10

Case must be removed to federal court embracing the state court
* doesnt matter if not proper venue under venue statutes