Removal

Question 1

Removal

Answer 1

• Process by which D moves a case from STATE to FEDERAL court
• D has right only if case could originally been filed in Fed. ct.
• Must be removed in 30 days
• If multiple Ds, all must consent
• CANNOT remove a case after more than 1 year for diversity

Question 2

Motion to remand

Answer 2

• P’s response to a removal
• Remands going from fed to state ct.
• 30 days for P to file post removal

Question 3

Removal Process

Answer 3

1. D files motion to remove, removal is automatic
2. Fed. ct. assesses the removal if P objects