REMOVAL JURISDICTION

Question 1

WHEN

Answer 1

No later than 30 days after service

Question 2

WHO

Answer 2

all defendants who have been served

PLAINTIFF’S CAN NEVER REMOVE

Question 3

WHAT

Answer 3

Cases that meets the requirements for diversity of citizenship or federal question can be removed

Question 4

EXCEPTIONS FOR REMOVING ON THE BASIS OF DIVERSITY OF CITIZENSHIP- when jurisdiction is based solely on diversity

Answer 4

1. no removal if the defendant is a citizen of the forum state OR
2. no removal more than 1 year after the case was filed in state court
   - becomes removable if P voluntarily dismisses the Defendant that has the same citizenship as the forum state, but removal must be done WITHIN 30 days of the dismissal

Question 5

COURT

Answer 5

Remove to the court “embracing” the state court where the case was filed

Question 6

HOW

Answer 6

file notice of removal in federal court within 30 days after receipt by or service on that defendant of the initial pleading or summons or within 30 days of receipt of an amended pleadings or summons
file copy of the notice of removal in state court

Question 7

REMAND

Answer 7

must move to remand back to state court if P believes removal was improper for some reason OTHER THAN lack of subject matter jurisdiction within 30 days after the notice of removal was filed in federal court

Question 8

REMAND- SMJ usually considered first

Answer 8

SMJ considered before a court will consider the merits of the case