Deadline To File Motion To Remand
Description
How to fill out Mississippi Motion To Remand?
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FAQ
See 28 U.S.C. § 1332. One seemingly simple way to destroy diversity jurisdiction and curb federal power is to name a non-diverse defendant?with sometimes limited ties to the litigation?among otherwise diverse defendants, for the sole purpose of defeating a motion for removal (i.e., improper joinder).
A defendant has 30 days from the date when they receive the plaintiff's petition or complaint to remove the case to federal court.
Under what is known as the ?forum-defendant rule,? a lawsuit that is otherwise removable solely on the. basis of diversity jurisdiction may not be removed. to federal court ?if any of the parties in interest properly. joined and served as defendants is a citizen of the State in.
Generally, the forum defendant rule precludes removal of a case to federal court where at least one of the named defendants is a citizen of the state where the action was filed.