Removal | Practical Law

Removal | Practical Law

Removal

Removal

Practical Law Glossary Item 1-501-9763 (Approx. 3 pages)

Glossary

Removal

The process by which a party in a state-court action (typically a defendant) moves the lawsuit from state court to federal court. Removal procedure is governed generally by 28 U.S.C. §§ 1441-1455.
The federal court to which the case is removed normally must have original subject matter jurisdiction over the removed action. A defendant typically must remove within 30 days after service of the state-court summons and complaint, although a different time period may apply depending on the circumstances (28 U.S.C. § 1446(b); see also Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999)).
Removal should be distinguished from transfer, which is the act of changing the lawsuit's venue from one federal district court to another federal district court.