Removal and Remand

Question 1

Removal

Answer 1

Requires federal jurisdiction, so a removal issue necessarily raises subject matter jurisdiction issues. Only defendants may remove a case to federal court, and all the defendants join in the removal of the case. Removal must be timely - within 30 days after service of the complaint.

Question 2

Remand

Answer 2

Remand is reverse removal - it is only granted if the federal court lacked jurisdiction in the first place.