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Civil Procedure

Removal

The procedure that lets a defendant move a qualifying state-court case into federal court.

Governing rule: 28 U.S.C. §§ 1441, 1446

Plain-English definition

Removal is a defendant’s one-way door from state court to federal court when the case could have been filed in federal court originally. The most common grounds are federal question jurisdiction and diversity jurisdiction. Removal does not decide who wins; it decides the forum.

How it works

A notice of removal is usually due within 30 days after the defendant receives the pleading or paper that makes the case removable. Plaintiffs can seek remand if removal was defective.

Why it matters

Forum control is strategy. Removal can alter pleading standards, discovery management, motion practice, and appellate options.

Related terms

Diversity Jurisdiction
Federal court power over certain state-law disputes between citizens of different states when the amount in controversy is high enough.
Federal Question Jurisdiction
Federal court power over cases that arise under the U.S. Constitution, federal statutes, or treaties.
Remand
An appellate court's order returning a case to a lower court for further proceedings consistent with the appellate ruling.

More in Civil Procedure

Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.