removal

Question 1

define removal

Answer 1

action originally filed in state court may be removed by D to district court for district and division where the state action is pending

Question 2

do you still need to satisfy SMJ upon removal?

Answer 2

yes

Question 3

when must D file notice to remove?

Answer 3

within 30 days after receipt of intitial pleading

Question 4

could P try to remand back to state court?

Answer 4

yes, if filed within 30 days after the filing for notice of removal

Question 5

what if D tried to remove to the wrong fed court but satisfied SMJ?

Answer 5

no remand

transfer to case to the proper fed court

Question 6

removal limitations in diversity cases

Answer 6

D may not remove to fed court if D is domiciled in forum state

D may not remove after 1 year from filing

Question 7

removal based on federal Q J

Answer 7

entire case, including fed Q and state claims may be removed IF common nucleus of operative fact

Question 8

notice of removal

Answer 8

filed with fed court

including all pleadings

signed - rule 11 - containing short plain statement for removal grounds