Removal

Removal is the procedural mechanism by which a defendant moves a case from state court to federal court. Under 28 U.S.C. § 1441(a), removal is available for cases within the federal district courts' original jurisdiction. Other statutes, such as § 1442 for federal officers, allow removal on other grounds. The defendant must file a notice of removal in the federal district court for the district where the state court action is pending.

Removal grounds

A case may be removed if (1) the federal court would have had original jurisdiction over the case (federal question or diversity); (2) in a case removed solely under § 1441(a), all properly joined and served defendants join in or consent to removal (§ 1446(b)(2)(A)); and (3) in a case removable solely on diversity, no properly joined and served defendant is a citizen of the state where the action was brought (the forum-defendant rule, § 1441(b)(2)).

Timing

Notice of removal generally must be filed within 30 days after the defendant is formally served with the initial pleading. § 1446(b)(1); Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999). If the case as first pleaded is not removable, the 30 days run from the defendant's receipt of an amended pleading, motion, order or other paper from which removability can first be ascertained. § 1446(b)(3). A case that becomes removable later on diversity grounds may not be removed under § 1446(b)(3) more than one year after the action was commenced unless the district court finds the plaintiff acted in bad faith to prevent removal. § 1446(c)(1).

Remand

A plaintiff who believes removal was improper may move for remand. § 1447(c). Procedural defects (untimeliness, failure to obtain consent) must be raised within 30 days of removal; subject-matter-jurisdiction objections may be raised at any time.

Texas Business Court removal

Under Tex. Gov't Code § 25A.006(d) and (f), any party to an action within the business court's jurisdiction that was filed in a district court or county court at law may remove it by filing a notice of removal. An agreed notice may be filed at any time. Otherwise the notice is due within 30 days after the later of service on the removing party or the date it discovered, or reasonably should have discovered, the facts establishing jurisdiction, with a separate deadline when a temporary injunction application is pending.