Removal Jurisdiction

Question 1

Removal general rule

Answer 1

A defendant in a state court may remove that case to federal court if it could have been filed originally in federal court.

Question 2

Removal jurisdiction based on diversity jurisdiction

Answer 2

A case is not removable on the basis of diversity if any defendant is a citizen of the forum state.

Question 3

Removal procedure

Answer 3

The first step is to file notice with the federal district court and division in which the action is pending. Copies of the notice must be sent to the opposing parties and to the state court. Notice of removal must be filed within 30 days after the defendant obtains a copy of the complaint. Notice must contain the grounds for removal. If the ground for removal is that diversity exists, the action cannot be removed from state court after one year has passed since its filing unless bad faith by the plaintiff can be shown. All defendants must join in the removal.