removal jurisdiction

Question 1

removal

Answer 1

from state to fred

REMAND - fed to state

Question 2

when can remove

Answer 2

must remove no later than 30 days after service

all Ds must be unanimous on removal

Question 3

P can NEVER remove

Answer 3

even on a counterclaim

Question 4

waht cases can remove

Answer 4

1. FQ
2. diversity

EXEPTIONS (ONLY TO DIVERSITY)

1. If any D is a citizen of the forum (in-state D rule)
2. No removal more than one year afte rthe case was filed in state court

can only remove a case with an in-state D if the P dismisses the in-state D but make sure not time barred by the 1 year time limit

Question 5

To what federal court to remove

Answer 5

the district embracing the state court wher ethe case was filed

Question 6

How to remove

Answer 6

File notice of removal in federal court, stat eth ground of removal (diversity or FQ) then attach all documentes served

file notice of removal on all parties

then file notice of removal in state court

Question 7

remand to state court

Answer 7

if P thinsk that removal wa simproper for matters other than MSJ must move 30 days after notice of removal was filed in federalc ourt

if lack of SMJ, can remove to state court any time