Also known as: removal · removability · federal removal · 28 U.S.C. § 1441
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a defendant transfers a civil action from state court to federal district court when the federal court possesses original jurisdiction over the claims. The mechanism requires filing a notice of removal containing a short and plain statement of the grounds together with copies of all process, pleadings, and orders served in the state action.
Rowan Russell filed a contract claim in state court that also implicated federal election law. The defendant filed a notice of removal in the proper district court within thirty days of service, attaching all state-court papers. The federal court accepted the case because the complaint presented a federal question that the plaintiff could have filed originally in federal court.
Rebecca Ross sued a corporate defendant in state court for negligence arising from a construction project. The defendant filed a notice of removal asserting complete diversity and an amount in controversy exceeding seventy-five thousand dollars. The federal court retained the case after confirming that the plaintiff could have invoked diversity jurisdiction from the outset.
Ryan Roberts received the state-court complaint on March 1 and filed a notice of removal on March 28 in the district court where the action was pending. The notice included a signed statement of grounds and copies of all served documents. Because the filing occurred within the thirty-day statutory window, the removal became effective and the state court lost jurisdiction.
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Roger Ramirez, a shareholder, sued in state court to challenge a corporate election. The corporation removed the case to federal court by filing the required notice and supporting papers. The federal court kept the action because the underlying claim satisfied diversity requirements and the removal papers complied with statutory form.
Roland Rhodes brought a state-court action asserting rights to remove timber from land under a recorded servitude. The defendant removed the case to federal court within the prescribed period. The federal court exercised jurisdiction because the claim satisfied the requirements for diversity and the notice of removal was properly supported.
Rachel Ramirez commenced a state-court custody proceeding. The opposing party removed the action to federal court by filing a timely notice that recited the grounds and attached all state-court documents. The federal court retained the case after determining that the removal satisfied the statutory prerequisites for original jurisdiction.
A defendant must file a notice of removal in the federal district court for the district where the state action is pending. The notice must be signed under Rule 11, contain a short and plain statement of the grounds, and include copies of all process, pleadings, and orders served in the state action.
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The clock begins upon formal service of the initial pleading or summons on the defendant, whichever is shorter. Informal receipt of a courtesy copy does not trigger the period.
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No. Only defendants may remove. The statute authorizes removal solely by the defendant or defendants when the federal court would have had original jurisdiction.
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Removal is improper and the case must be remanded. The federal court may not retain an action that the plaintiff could not have filed originally in federal court.
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No. Removal merely allows defendants to invoke federal jurisdiction that already exists. It does not create new jurisdiction beyond what the plaintiff could have invoked at the outset.
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…power of a State may be controlled by constitutional provisions. The Constitution's declaration of supremacy implies the removal of obstacles to federal action within its sphere. The State of Maryland's argument is that States may exercise their acknowledged powers upon federal institutions and the Constitution…