Removal

Question 1

What is removal ?

Answer 1

A procedure that moves a case from state court to federal court

Question 2

What are the general rule for removal?

Answer 2

1. It is proper only if the case could have been brought to federal court originally
2. Only the defendant can remove a case

Question 3

Removal on federal question is proper only when ?

Answer 3

If the complaint is well pleaded

Question 4

When is removal on diversity jurisdiction proper ?

Answer 4

1. There’s complete diversity
2. The amount in controversy exceeds 75 k
3. The case is brought in a state which no defendant is a citizen

Question 5

What’s the time limit one has to remove a case?

Answer 5

1 year