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Removal Flowchart

This flowchart outlines the process for determining whether removal of a case from state to federal court is proper. It analyzes whether the federal court has original jurisdiction, whether the basis for removal is diversity or federal question, whether the defendant seeking removal is a citizen of the state where the case was filed, and whether all defendants have agreed to removal and removal was done within 30 days.

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Amanda
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708 views1 page

Removal Flowchart

This flowchart outlines the process for determining whether removal of a case from state to federal court is proper. It analyzes whether the federal court has original jurisdiction, whether the basis for removal is diversity or federal question, whether the defendant seeking removal is a citizen of the state where the case was filed, and whether all defendants have agreed to removal and removal was done within 30 days.

Uploaded by

Amanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Is Removal proper?

Would the federal district court have original


jurisdiction over the plaintiff’s claims if they were
filed in federal court?

Yes
No!

Is the OJ basis Diversity? Not


removable!
Yes

Is the D seeking removal a


citizen of the state where the
case has been brought? Yes,
NO
Improper
removal!

Remand!
No

Federal Question?
Have 30 days passed since the D
received service of the initial
pleading setting forth the
removable claim or notice of a
change in the removability of the  Motion to Remand—
case? Only if a motion to
remand is filed within
Yes, Proper removal 30 days of the filing of
No the notice of removal.
Remand motions
asserting a lack of
subject matter
have all of the defendants agreed No, can be remanded jurisdiction may be
to removal? made at any time.

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