Subject Matter Jurisdiction: Removal and Remand

Question 1

Removal

Answer 1

the act a defendant takes to move an action from state court to federal court

Question 2

Remand

Answer 2

the process of moving the case from federal court back to state court

Question 3

General rules for removal

Answer 3

defendants may remove an action from state court to the federal court that geographically embraces the state court by:

• all defendants consenting
• and filing a notice of removal within 30 days of the complaint

Question 4

General rules for remand

Answer 4

Plaintiffs may file a motion to remand the action back to state court within 30 days of the filing of the notice of removal (or a federal court must do it themselves)

Question 5

If the only primary jurisdictional basis is diversity jurisdiction, there can be no removal if:

Answer 5

• any single defendant is a citizen of the state where the action was filed or
• the notice of removal is filed more than 1 year after the original state court action was filed