28 USC 1447 governs important steps after a state-court case is removed to federal court. Its central deadline is thirty days after the notice of removal for a remand motion based on a defect other than lack of subject-matter jurisdiction. A genuine subject-matter jurisdiction problem follows a different rule: if it appears before final judgment, the case must be remanded. [1]
Classify the defect before calculating the deadline
A complaint that the defendant removed too late is not the same as a complaint that federal jurisdiction never existed. Calling a procedural objection “jurisdictional” does not make it so. Identify the removal basis, the relevant statutory requirement, and the event that allegedly violated it.
The removal statute contains its own filing and consent rules. Its deadline usually turns on service or receipt events specified in the statute, while Section 1447’s procedural-remand deadline runs from filing the notice of removal. Confusing these clocks can cause a party to miss an otherwise valid objection. [1][2]
What to include in a remand request
- The federal and state case identifiers and the removal date.
- The particular procedural or jurisdictional defect.
- Service records, pleadings, citizenship evidence, or other supporting materials.
- A clear explanation of timeliness and the relief requested.
When diversity is invoked, examine the actual parties and jurisdictional facts rather than relying only on addresses listed in a complaint. When a federal question is invoked, identify the federal basis asserted in the removal papers. The court needs the legal and factual reason for remand, not simply a preference for state court.
Fees and the return to state court
A remand order may require payment of just costs and actual expenses, including attorney fees, incurred because of removal. The statute authorizes an award; it does not make fees automatic whenever remand occurs. The clerk sends a certified remand order to the state court, which may then proceed. [1]
Appeals are restricted
Section 1447(d) generally bars review of covered remand orders, with express exceptions for cases removed under Sections 1442 or 1443. Other specialized review provisions can matter, so determine the actual statutory basis and reason for remand before assuming an ordinary appeal is available. [1]
See notice-of-removal requirements for the initial filing. Civil-rights removal under Section 1443 explains one category expressly addressed by the review exception.
Primary sources
- 28 USC 1447 – Procedure After Removal Generally
- 28 USC 1446 – Procedure for Removal of Civil Actions
Sources checked: October 31, 2026.