Motion Judge Removal Without Consent
Description
How to fill out Motion For Recusal Of Judge - Removal?
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FAQ
Once a case is served, the defendant has 30 days to remove it to federal court. If a case is not initially removable, but becomes removable later?due to amendment, joinder, or otherwise?this typically triggers the 30-day deadline from the date of the operative event.
The general rule is that one trial judge may not modify or overrule an order entered by another trial judge on a matter of law. If the order is about a matter of discretion rather than a matter of law, the second judge may modify it, but only if there has been a substantial change in circumstances.
Quick Reference. A voting rule in which unanimous approval is required for an alternative to be selected. The unanimity rule is employed when it is felt desirable to have no disagreement. Examples are the requirement for unanimity among juries for some court cases and in the admission of new members to private clubs.
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).
Under the "rule of unanimity," there is no federal jurisdiction if at least one defendant officially and unambiguously refuses to consent to a removal petition within 30 days of service.