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Removal Flowchart | PDF | Politics
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Removal Flowchart

The document discusses the process for removing a case from a state court to a federal court. It notes that any defendant can remove a case if the corresponding federal district court would have original jurisdiction, either due to a federal question or diversity of citizenship between the parties. However, a case cannot be removed for diversity purposes if any of the defendants are citizens of the forum state where the case was originally filed. It also outlines the procedures for removal, including that notice of removal must generally be filed within 30 days of a defendant being served, and that the court has 30 days after removal to decide whether to remand a case back to state court.

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2K views1 page

Removal Flowchart

The document discusses the process for removing a case from a state court to a federal court. It notes that any defendant can remove a case if the corresponding federal district court would have original jurisdiction, either due to a federal question or diversity of citizenship between the parties. However, a case cannot be removed for diversity purposes if any of the defendants are citizens of the forum state where the case was originally filed. It also outlines the procedures for removal, including that notice of removal must generally be filed within 30 days of a defendant being served, and that the court has 30 days after removal to decide whether to remand a case back to state court.

Uploaded by

zdayar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Removal: 28 U.S.C. 1441 STATE Court 1. Where to file is up to P but can remove. 2. State to Federal ONLY; 3.

. ALL s must IF - Case brought in State Court AND -Corresponding (embracing) Federal District Court has original jurisdiction THEN FEDERAL Court

Federal Question Claims (28 U.S.C. 1331)

Diversity Claims (28 U.S.C. 1332)

Court Must Hear Regardless of Citizenship and Residency of Parties

Can remove except: No Removal for In-State Ds in Diversity-Only Cases


(if any D is a citizen of forum i.e. case filed in a Ds state of

PROCEDURE (for: 1446; after: 1447): (1) Default: must remove within 30 days of service (2) 30 day clock starts anew for any new D (added after previous Ds) (3) After removal notice filed, court has 30 days to remand (except on SMJ issue). Remand cannot be appealed except civil rights cases & my docket is full excuse. (4) Case may become removable: a. Diversity (e.g. P dropped in-state D): can remove up to 1

73597246.doc

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