Legal Memorandum: Notice of Removal

Issue: Under federal law, in general, when must a motion for removal be brought?

Area of Law: Litigation & Procedure
Keywords: Notice of removal; 30-day period
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: 28 U.S.C. § 1446(b)
Date: 11/01/1007

Generally, notice of removal must be filed within thirty days after the defendant receives a copy of the initial pleading.  See 28 U.S.C. § 1446(b).  Congress, however, has anticipated cases in which the existence of removal jurisdiction cannot be ascertained from the text of the initial pleading: 

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 be first ascertained that the case is one which is or has become removable . . .

28 U.S.C. § 1446(b). 


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