FED Jurisdiction

Question 1

Removal to Fed CT based on DJ IS available ONLY IF:

Answer 1

· Removal to Fed CT based on DJ IS available ONLY IF:

o 1) ALL multiple D’s consent to the removal;

§ Rule of Unananymity:

§ IF even 1 D declines = case remains in state CT

o 2) NON of the named Ds is a NY citizen

o 3) w/in 30 days of D’s receipt of Doc

§ in which D can ascertain the action is removable

ú (Doc containing name of P’s claim, name & address of parties, and amount of P’s claim)

§ D MUST file with Fed CT an ex parte notice of removal:

ú Indicating the basis for complete div, AND

ú simultaneously serve the clerk fo the state CT, AND

· all other named parties

§ Any subsequent action taken by the state CT is void