Home / Tools / Motion Explainer / Motion to Remand
Procedural · Remand

Motion to Remand

Filed by the plaintiff to send a removed case back to state court. Procedural-defect grounds must be raised within 30 days.

Governing rule
28 U.S.C. § 1447(c)
Read the rule

What it is

Filed by a plaintiff after a defendant has removed a case from state to federal court, asking the federal court to send it back. Most often based on lack of subject-matter jurisdiction, defective removal procedure, or — for diversity cases — an in-state defendant invoking the forum-defendant rule.

When it's used

Filed within 30 days of removal in most circumstances. Subject-matter-jurisdiction defects can be raised at any time; procedural defects must be raised within the 30-day window or are waived.

What the other side does

The defendant defends removal by establishing the federal jurisdictional basis — citing the amount in controversy, complete diversity, or the federal question. May move to amend the notice of removal if defective.

Common outcomes

Granted (case returns to state court — and remand orders for lack of subject-matter jurisdiction or procedural defects are NOT appealable under 28 U.S.C. § 1447(d)), or denied (case stays in federal court). The plaintiff may recover fees and costs if removal was objectively unreasonable.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.