Removal and Remand Flashcards
Who may remove?
ONLY DEFENDANTS
When can defendants remove a case?
by all defendants consenting to filing a notice of removal within 30 days of service of state court complaint from which removal could be first determined.
what is removal?
when an action is begun in state curt to federal court that geographically embraces the state court
What is the proper term filed by D’s to remove?
notice of removal
when must D’s file notice of removal?
within 30 days of service of state court complaint from which removal could 1st be determined
How many days must a P file a motion for remand?
P must file a motion for remand the action back to state court within 30 days of the filing of the notice of removal
when must the federal courts remand particular claims back to state court?
if there was no federal jurisdiction over those remand claims.
(if there is no 1) arising under federal law, (2) no diversity or (3) no supplemental jurisdiction
Exceptions to removal (2)
If the only primary jurisdictional basis is diversity, there can be no removal if either
1) any single D is citizen of state where action was filed OR
2) notice of removal is filed more than ONE YEAR after original state Acton was filed.
can a D remove for federal question?
YES. does not matter if D is from state where it was brought
where to file notice of removal
notice of removal should be filed in the federal district court for the district that geographically encompasses the state court from which the action is being removed
what is the 2 strikes you out rule
P is given One CHANCE of voluntary dismissal of action for any reason.
- Prior to D answer or motion for summary judgment or counterclaim.
- P may dismiss case by notice of dismissal
how many times can P voluntary dismissal before its a final judgment on the merits
JUST ONE TIME.
- P is given one chance of voluntary dismissal of action for any reason.
- Prior to D answer or motion for summary judgment or counterclaim.
