Removal Jurisdiction

Question 1

An action originally filed in a state court may be removed by a defendant to federal court if:

Answer 1

(i) the case could have originally been filed in a federal court; and (ii) for cases removed on the basis of diversity, no defendant is a citizen of the state where the action is filed .

Question 2

A case may not be removed on the basis of diversity jurisdiction more than ___________ after it was commenced in state court unless the district court finds the plaintiff acted in bad faith in order to prevent the defendant from removing the action.

Answer 2

one year

Question 3

The notice of removal must be filed within _______ after defendant receives notice.

Answer 3

30

Question 4

The federal removal statute provides that the notice of removal should be filed in the

Answer 4

federal district court for the district that geographically encompasses the state court from which the action is removed. Thereafter, copies must be sent to the parties and filed with the applicable state court.