Notice Of Removal

The magic trick for plaintiffs seeking to avoid removal of their case to federal court is to plead only state claims (to avoid federal question removal) and sue at least one party from the same state (to avoid diversity removal).

The transfer of a person or thing from one place to another. The transfer of a case from one court to another. An important exception to this rule is the defendant's right, in some circumstances, to have a case removed from a state court to a federal court.Federal law explains this right of removal in detail.

Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until

Act May 24, 1949, § 83(a), provided that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading, and provided that the petition for removal shall be filed within 20 days after the service of summons.

If a plaintiff who is a citizen of California files suit in a California state court against a defendant who is a citizen of Minnesota, for example, they could file in federal court if the amount of their claims is $75,000 or more.It cannot be removed if any defendant is a citizen of the state in which it is filed.

So why would a defendant want to remove the case to federal court? Well, removing a case may alleviate certain concerns about prejudice or bias against an out-of-state defendant. Removal also allows the parties to use federal procedural rules instead of state rules.

A defendant can remove a case from state to federal court by filing a notice of removal in federal court and then notifying the state court and the other parties.After removal, the state court no longer has jurisdiction over the lawsuit.

Once a case has been removed from state to federal court, the state court no longer has jurisdiction over the matter, though a federal court can remand a case to state court.A plaintiff can also move to have the case remanded to state court if the plaintiff does not believe federal jurisdiction exists.