Advertisement

Removal

Transferring a case from state court to federal court when the federal court would have had original jurisdiction.

Removal is governed by 28 U.S.C. §§ 1441–1446. All defendants must consent. If the basis is diversity, the case is non-removable more than one year after commencement (absent bad-faith joinder). A plaintiff who believes removal was improper moves to remand back to state court.

Advertisement

Related terms

Back to Civil Procedure

Advertisement