Removal and Remand of SMJ Flashcards
1
Q
Defendant
A
may remove from state to federal. If claim rests on diversity requires consent of all. if rests on federal question only those in which federal claim is asserted need consent.
must file notice within 30 days from receipt of initial pleading or service of process
2
Q
Plaintiff
A
may file for remand within 30 days of notice of removal, and Federal Court must remand if there is no federal jurisdiction
3
Q
Exceptions
A
If only basis is diversity, there can be no removal if: either notice of removal was filed more than 1 year after original state court action was filed.
no removal if no complete diversity.
