Motion to Remand to State Court

When the motion to remand to state court is used

Timing: after a case is removed. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• A motion to remand based on any defect other than lack of subject-matter jurisdiction must be made within 30 days after the notice of removal is filed (§ 1447(c)).
• If at any time before final judgment it appears the district court lacks subject-matter jurisdiction, the case shall be remanded (§ 1447(c)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. § 1447(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to remand to state court in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to remand to state court procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Removal: moving a case from state court to federal court under the federal removal statutes.
• Remand: sending a case back to the court it came from — for example, from federal court back to state court.

Related procedures

Similarly, these procedures often come up alongside it:

• Notice of Removal: the filing a defendant uses to move a case from state court to federal court when the federal court would have had original jurisdiction.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.