28 U.S.C. § 1446 : US Code - Section 1446: Procedure for removal of civil actions

Search 28 U.S.C. § 1446 : US Code - Section 1446: Procedure for removal of civil actions

      (a) Generally. - A defendant or defendants desiring to remove any
    civil action from a State court shall file in the district court of
    the United States for the district and division within which such
    action is pending a notice of removal signed pursuant to Rule 11 of
    the Federal Rules of Civil Procedure and containing a short and
    plain statement of the grounds for removal, together with a copy of
    all process, pleadings, and orders served upon such defendant or
    defendants in such action.
      (b) Requirements; Generally. - (1) The notice of removal of a
    civil action or proceeding shall be filed within 30 days after the
    receipt by the defendant, through service or otherwise, of a copy
    of the initial pleading setting forth the claim for relief upon
    which such action or proceeding is based, or within 30 days after
    the service of summons upon the defendant if such initial pleading
    has then been filed in court and is not required to be served on
    the defendant, whichever period is shorter.
      (2)(A) When a civil action is removed solely under section
    1441(a), all defendants who have been properly joined and served
    must join in or consent to the removal of the action.
      (B) Each defendant shall have 30 days after receipt by or service
    on that defendant of the initial pleading or summons described in
    paragraph (1) to file the notice of removal.
      (C) If defendants are served at different times, and a later-
    served defendant files a notice of removal, any earlier-served
    defendant may consent to the removal even though that earlier-
    served defendant did not previously initiate or consent to
    removal.
      (3) Except as provided in subsection (c), if the case stated by
    the initial pleading is not removable, a notice of removal may be
    filed within thirty days after receipt by the defendant, through
    service or otherwise, of a copy of an amended pleading, motion,
    order or other paper from which it may first be ascertained that
    the case is one which is or has become removable.
      (c) Requirements; Removal Based on Diversity of Citizenship. -
    (1) A case may not be removed under subsection (b)(3) on the basis
    of jurisdiction conferred by section 1332 more than 1 year after
    commencement of the action, unless the district court finds that
    the plaintiff has acted in bad faith in order to prevent a
    defendant from removing the action.
      (2) If removal of a civil action is sought on the basis of the
    jurisdiction conferred by section 1332(a), the sum demanded in good
    faith in the initial pleading shall be deemed to be the amount in
    controversy, except that - 
        (A) the notice of removal may assert the amount in controversy
      if the initial pleading seeks - 
          (i) nonmonetary relief; or
          (ii) a money judgment, but the State practice either does not
        permit demand for a specific sum or permits recovery of damages
        in excess of the amount demanded; and

        (B) removal of the action is proper on the basis of an amount
      in controversy asserted under subparagraph (A) if the district
      court finds, by the preponderance of the evidence, that the
      amount in controversy exceeds the amount specified in section
      1332(a).

      (3)(A) If the case stated by the initial pleading is not
    removable solely because the amount in controversy does not exceed
    the amount specified in section 1332(a), information relating to
    the amount in controversy in the record of the State proceeding, or
    in responses to discovery, shall be treated as an "other paper"
    under subsection (b)(3).
      (B) If the notice of removal is filed more than 1 year after
    commencement of the action and the district court finds that the
    plaintiff deliberately failed to disclose the actual amount in
    controversy to prevent removal, that finding shall be deemed bad
    faith under paragraph (1).
      (d) Notice to Adverse Parties and State Court. - 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 the case is
    remanded.
      (e) Counterclaim in 337 Proceeding. - With respect to any
    counterclaim removed to a district court pursuant to section 337(c)
    of the Tariff Act of 1930, the district court shall resolve such
    counterclaim in the same manner as an original complaint under the
    Federal Rules of Civil Procedure, except that the payment of a
    filing fee shall not be required in such cases and the counterclaim
    shall relate back to the date of the original complaint in the
    proceeding before the International Trade Commission under section
    337 of that Act.
      (g) (!1) Where the civil action or criminal prosecution that is
    removable under section 1442(a) is a proceeding in which a judicial
    order for testimony or documents is sought or issued or sought to
    be enforced, the 30-day requirement of subsection (b) of this
    section and paragraph (1) of section 1455(b) is satisfied if the
    person or entity desiring to remove the proceeding files the notice
    of removal not later than 30 days after receiving, through service,
    notice of any such proceeding.