Also known as: motions to remand · remand motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural request by which a party asks a federal district court to return a removed case to the state court from which it came. The request is granted when the federal court lacks subject matter jurisdiction at any time before final judgment or when a nonjurisdictional defect in removal is timely raised within thirty days after the notice of removal. An order granting the motion may award just costs and actual expenses including attorney fees incurred as a result of the removal.
Elena emailed a complete copy of her state-court billing-fraud complaint to MetroWave's regulatory department. MetroWave waited forty days before filing a notice of removal. Elena promptly moved to remand. The district court granted the motion because the thirty-day removal period had expired before the notice was filed.
Thompson sued Merrell Dow in state court alleging state tort claims that referenced federal drug statutes only to anticipate a defense. Merrell Dow removed asserting federal question jurisdiction. Thompson moved to remand. The district court granted the motion because the well-pleaded complaint raised no federal cause of action.
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Beneficiaries sued in Florida state court seeking to set aside a Delaware trust. The Delaware trustees moved to remand after removal to federal court. The district court granted the motion because the federal court lacked subject matter jurisdiction over the action.
Martins sued Franklin in state court. Franklin removed on diversity grounds. The district court denied remand and later dismissed the case. After the Tenth Circuit ordered remand, the district court awarded attorney fees to Martins because Franklin lacked an objectively reasonable basis for removal.
Moitie sued Federated in state court. Federated removed and the federal court dismissed. After remand was ordered, the state court resumed proceedings because the certified copy of the remand order restored its jurisdiction over the action.
A motion to remand based on any defect other than lack of subject matter jurisdiction must be made within thirty days after the filing of the notice of removal. Failure to raise the objection within that window waives the procedural defect.
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Yes. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal.
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Yes. A motion to remand on the basis of lack of subject matter jurisdiction may be made at any time before final judgment.
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A certified copy of the order of remand is mailed by the clerk to the clerk of the state court, after which the state court may proceed with the case.
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Generally no. An order remanding a case to the state court from which it was removed is not reviewable on appeal or otherwise, subject to limited statutory exceptions for cases removed under sections 1442 or 1443.
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…for new trial filed with the Chancellor Jan. 20, 1956. After the Florida Supreme Court decision the matter was renewed by a motion to remand filed with the Delaware Supreme Court. In a decision of Jan. 14, 1957, that court denied the motion and affirmed its Chancellor in all respects. The Florida decree was held not binding for…