Also known as: notices of removal · removal notice
Written by attorneys — see sources below.
A procedural filing by which a defendant initiates removal of a civil action from state court to the appropriate federal district court. The notice must contain a short and plain statement of the grounds for removal and must be accompanied by copies of all process, pleadings, and orders served on the defendant in the state action.
Nobel Dynamics was served with a state-court complaint alleging breach of contract. Within thirty days Nobel Dynamics filed a notice of removal in the federal district court for the district where the state action was pending. The notice contained a short statement of diversity jurisdiction and attached copies of the summons, complaint, and all other papers served on it. The filing transferred the case to federal court.
Nathaniel Newman received the state-court summons and complaint on March 1. He filed a notice of removal in the proper federal district court on April 5. Because the notice was filed more than thirty days after receipt of the initial pleading, the federal court granted the plaintiff's timely motion to remand the case to state court.
Nexus Technologies and Northstar Logistics were named as defendants in the same state-court action. Nexus Technologies was served on March 1 and did not remove. Northstar Logistics was served on March 20 and filed a notice of removal within thirty days of its own service. The notice was timely as to Northstar Logistics.
Nadia Novak removed the state-court action by filing a notice of removal on April 10. The plaintiff discovered a procedural defect in the notice but waited until June 15 to move for remand. Because the motion was filed more than thirty days after the notice of removal, the federal court denied the motion and retained the case.
The notice must include a short and plain statement of the grounds for removal and copies of all process, pleadings, and orders served on the defendant in the state action. It must be signed under Rule 11 and filed in the federal district court for the district and division where the state action is pending.
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A defendant must file the notice within thirty days after receipt through service or otherwise of the initial pleading or summons. Each defendant has its own thirty-day period measured from the date that defendant is served.
Supporting sources
A motion to remand based on a procedural defect other than lack of subject-matter jurisdiction must be made within thirty days after the notice of removal is filed. If the motion is timely, the federal court may remand the case or require correction of the defect.
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When removal is based solely on section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal. A later-served defendant may still remove, and earlier-served defendants may consent even if they did not previously join.
Supporting sources
…is a citizen of the State in which such action is brought." : In full, 28 U. S. C. § 1446(b) provides: "The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim…