28 U.S.C. § 1447 : US Code - Section 1447: Procedure after removal generally
Search 28 U.S.C. § 1447 : US Code - Section 1447: Procedure after removal generally
(a) In any case removed from a State court, the district court
may issue all necessary orders and process to bring before it all
proper parties whether served by process issued by the State court
(b) It may require the removing party to file with its clerk
copies of all records and proceedings in such State court or may
cause the same to be brought before it by writ of certiorari issued
to such State court.
(c) A motion to remand the case on the basis of any defect other
than lack of subject matter jurisdiction must be made within 30
days after the filing of the notice of removal under section
1446(a). If at any time before final judgment it appears that the
district court lacks subject matter jurisdiction, the case shall be
remanded. An order remanding the case may require payment of just
costs and any actual expenses, including attorney fees, incurred as
a result of the removal. A certified copy of the order of remand
shall be mailed by the clerk to the clerk of the State court. The
State court may thereupon proceed with such case.
(d) An order remanding a case to the State court from which it
was removed is not reviewable on appeal or otherwise, except that
an order remanding a case to the State court from which it was
removed pursuant to section 1443 of this title shall be reviewable
by appeal or otherwise.
(e) If after removal the plaintiff seeks to join additional
defendants whose joinder would destroy subject matter jurisdiction,
the court may deny joinder, or permit joinder and remand the action
to the State court.
District courts; removal of cases from state courts