Notice of Removal

When the notice of removal is used

Timing: shortly after the defendant receives the complaint. 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

• Under § 1441(a), a civil action within the district courts' original jurisdiction may be removed by the defendant to the district court for the district and division embracing the place where the state action is pending.
• The notice of removal shall be filed within 30 days after the defendant receives, through service or otherwise, a copy of the initial pleading — or within 30 days after service of summons if the initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter (§ 1446(b)(1)).

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. §§ 1441, 1446 online. Also, the federal judiciary publishes the current rules and recent amendments.

The notice of removal in state court

This page covers the federal version. In state court, the notice of removal may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

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.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Remand to State Court: a motion asking a federal court to send a removed case back to the state court it came from.
• Motion to Dismiss for Lack of Subject-Matter Jurisdiction: a motion arguing the court has no power to hear this type of case.

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.