Removal & Remand Flashcards
1
Q
Removal
A
D may remove a case to federal court in the state where the action was filed if
1) federal court has SMJ
2) all Ds agree,
3) no D is a resident of the forum state if there is only diversity jurisdiction, and
4) removal sought within 30 days of service/initial pleadings
P can’t remove a case to federal court
2
Q
Remand
A
Fed court must remove a case to state court if there is no SMJ.
Fed court may remove a case to state court after federal claims have been decided.
30 days w/in filing of removal
