Removal JDX Flashcards

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1
Q

Only ____ can remove a case from state court to federal court

A

Defendants

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2
Q

Defendants must remove a case from state to federal court within

A

1 year of the commencement of the action, unless P acted in bad faith to make the case non-removable

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3
Q

There is ____ procedure for the removal of a federal case to state court

A

no

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4
Q

Removal is only proper if

A

1) The court could have originally been brought in federal court; and

2) All D’s consent to removal within 30 days of service

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5
Q

If the plaintiffs case is based on state law and the defendant’s counterclaim is based on federal law

A

The defendant cannot remove that case to federal court via the well pleaded compliant rule

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6
Q

A removal in a diversity case is only proper if there is

A

1) Complete diversity
2) An AIC over 75,000
3) the action is brought in a state in which no D is a citizen

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7
Q

Once a case is removed to federal court

A

A notice of removal is filed in the federal court and copy is sent to the state court which automatically ends the state court’s jurisdiction over the case.

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8
Q

If a case is improperly removed to a federal court then

A

P can file in federal court for a petition of remand and it is on the court will hold a hearing. If removal was improper the remand is granted and the case will be sent back to state court

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