Removal Flashcards
Define: Removal
Plaintiff has chosen to bring case in state court, but the federal court could have original jurisdiction. So the defendant files to have the case removed to federal court.
What if the plaintiff is bringing a state law and a federal law claim and the defendant files for removal. What occurs?
The court will split the cases and they will be heard independently, the state issue in state could and the federal issue in district court.
28 USC 1446: procedure for removal
How long does defendant have to file for removal?
30 days from when pleading or summons is received to file a notice of removal.
28 USC 1446(c): How long does Defendant have to file for removal in diversity claims?
The removal must occur within one year of filing, baring bad faith by the plaintiff.
