28 U.S.C. 1446 governs the procedure for removing a civil action from state court to federal court. It does not independently supply subject-matter jurisdiction. A defendant must identify a valid jurisdictional basis and satisfy both the removal procedure and the applicable timing rules. [1]
Rules that determine the answer
A removable initial pleading generally starts a thirty-day removal period under the statutory service rules. Later papers can create a later window when removability first becomes ascertainable. Properly joined and served defendants generally must consent to removal solely under section 1441(a). Under section 1447(c), procedural remand objections generally must be raised within thirty days after filing removal; subject-matter defects are different. [1] [2]
File in the federal district and division embracing the state action, attach the required state-court papers, notify adverse parties, and file the notice with the state clerk. A courtesy email alone is not the statutory removal procedure.
What to check before taking the next step
- Create a timeline for each defendant’s service and the first paper establishing removability.
- Collect the complaint, summons, proof of service, later papers, consent records, and state docket.
A distinction that changes the result
The later-paper rule is not an unrestricted extension: a diversity removal under that provision generally faces a one-year limit after commencement, subject to the statutory bad-faith exception. If defendants are served at different times, each has a statutory removal period, and an earlier-served defendant may consent to a later-served defendant’s timely removal. The notice should explain the jurisdictional basis and include the served process, pleadings, and orders. Prompt written notice to adverse parties and filing in state court complete the removal procedure described in subsection (d). [1]
Practical example
A damages demand that first establishes the jurisdictional amount may create a new removal issue. It does not erase the one-year restriction applicable to certain later diversity removals or the need for actual federal jurisdiction.
For related situations, see federal diversity jurisdiction and transfer or dismissal for improper venue.
Primary sources
Sources checked: October 31, 2026.