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U.S. Federal civil procedure doctrines
Justiciability
Advisory opinions
Standing  · Ripeness  · Mootness
Political questions
Jurisdiction
* Subject matter jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Removal jurisdiction
Amount in controversy
* Personal jurisdiction:
Jurisdiction in rem
Minimum contacts
Federalism
Erie doctrine  · Abstention
Sovereign immunity  · Abrogation
Rooker-Feldman doctrine
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In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district. This is a general exception to the "well-pleaded complaint" rule giving the plaintiff the general authority make the decision on proper forum.

Removal is governed by statute, 28 U.S.C. §1441 et seq. Generally, a case may be removed if the original case could have been filed in federal court, but was not. Thus, removal requires an independent ground for jurisdiction such as diversity jurisdiction, federal question jurisdiction, or by any other grant of federal jurisdiction.

A case having non-federal separate and independent claims may also be removed. By themselves, these issues would not be removable because they usually involve questions of state law. A court has the discretion to accept the case as a whole or remand those issues of state law.

State courts do not entertain questions of removal. Once a defendant has filed a motion to remove a case, any objection to removal is handled by the federal court. If a federal court finds that the motion was in fact defective or that the federal court does not have jurisdiction, the case is remanded to the state court.

There is no reverse "removal". That is, there is no ability for a defendant to remove a case from federal court into state court.

External links

• 28 U.S.C § 1441 - Actions removable generally

This article is based on the article "Removal" from Wikipedia - the free encyclopedia created and edited by online user community. This article is distributed under the terms of GNU Free Documentation License. Here you find the list of authors of this article. The article can only edited within Wikipedia. Edit this article in Wikipedia.