Removal Jurisdiction Flashcards
1
Q
What is Removal?
A
Removing a case from state court to Federal Court
proper if the case could have been brought originally in federal court.
2
Q
Who may remove?
A
Only defendants
3
Q
Transfer
A
Federal court to Federal Court (transfer for improper venue)
4
Q
Removal under Diversity Jurisdiction
A
Diversity must exist at the time of filing of original action and claim may be removed only if no D is a citizen of the state in which the action was filed.
CANNOT occur more than one year after the action is commenced.
5
Q
Removal under Federal Question claims
A
if FQ claims are joined with claims not independently removable, the entire case may be removed.
6
Q
Notice of Removal
A
D must file notice within 30 DAYS after receipt by or service on the Defendant of the initial pleading
