REMOVAL AND REMAND

Question 1

Removal and Remand Checklist

Answer 1

• Removal - State Court to Federal Court
  
  • Diversity Jurisdiction
• Remand - Federal Court to State Court
  
  • Plaintiff’s Motion to Remand
    
    • Timing

Question 2

Removal - State Court to Federal Court

Answer 2

A defendant may remove a case from state court to federal court if

(1) the plaintiff’s claims could have originally been filed in federal court based on federal question or diversity jurisdiction, and
(2) the defendants unanimously consent to the removal

The federal court must embrace the state court, meaning that it must be located within the same location, county or district. Defendants have 30 days from receiving the complaint to file the notice of removal.

Question 3

Removal - Diversity Jurisdiction

Answer 3

If the federal court has jurisdiction over a claim based on diversity, removal is only proper if no defendant is a citizen of the state in which the action is pending.

Diversity cases may not be removed more than one year after filing the complaint, unless the court finds the plaintiff acted in bad faith.

Question 4

Remand - Federal Court to State Court

Plaintiff’s Motion to Remand

Answer 4

A plaintiff may make a motion to remand a case to state court if removal was improper.

Timing - a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal. If, at any time before final judgment, it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.