Removal JDX

Question 1

Only ____ can remove a case from state court to federal court

Answer 1

Defendants

Question 2

Defendants must remove a case from state to federal court within

Answer 2

1 year of the commencement of the action, unless P acted in bad faith to make the case non-removable

Question 3

There is ____ procedure for the removal of a federal case to state court

Answer 3

no

Question 4

Removal is only proper if

Answer 4

1) The court could have originally been brought in federal court; and

2) All D’s consent to removal within 30 days of service

Question 5

If the plaintiffs case is based on state law and the defendant’s counterclaim is based on federal law

Answer 5

The defendant cannot remove that case to federal court via the well pleaded compliant rule

Question 6

A removal in a diversity case is only proper if there is

Answer 6

1) Complete diversity
2) An AIC over 75,000
3) the action is brought in a state in which no D is a citizen

Question 7

Once a case is removed to federal court

Answer 7

A notice of removal is filed in the federal court and copy is sent to the state court which automatically ends the state court’s jurisdiction over the case.

Question 8

If a case is improperly removed to a federal court then

Answer 8

P can file in federal court for a petition of remand and it is on the court will hold a hearing. If removal was improper the remand is granted and the case will be sent back to state court