A notice of removal transfers a qualifying state-court action into the appropriate federal district court through the procedure in 28 USC 1446. The removing defendant must establish a proper jurisdictional and statutory basis and comply with filing, timing, consent, and notice requirements. A preference for federal court is not itself a removal ground. [1][2]
Confirm eligibility before preparing the notice
Section 1441 generally permits removal of actions within federal original jurisdiction, subject to its restrictions. In a diversity case, the forum-defendant rule and the actual citizenship of parties can matter. A corporation’s citizenship is not established solely by where it maintains a local office. [2]
Specialized removal statutes can use different conditions. Identify whether the case proceeds under the ordinary civil-removal framework or another statute before applying general timing and consent rules.
The notice needs facts and the served record
Section 1446 requires a Rule 11 signature, a short and plain statement of the removal grounds, and copies of all process, pleadings, and orders served on the removing defendant. File in the federal district and division embracing the place where the state action is pending. [1]
Explain the jurisdictional facts clearly. A cover sheet or unsupported statement that diversity exists does not replace the necessary account of citizenship and amount in controversy.
Calculate the service-based period
The ordinary thirty-day period follows the service or receipt events specified in the statute. Each defendant has its own period under the multiple-defendant provisions. A later-served defendant can remove with consent from an earlier-served defendant even if the earlier defendant did not previously remove. [1]
When an initially nonremovable case later becomes removable, the statute provides a separate thirty-day route based on specified later papers. Diversity removal under that route also faces a one-year limitation, subject to the statutory bad-faith exception. [1]
Obtain consent and notify the state court
For ordinary removal solely under Section 1441(a), all properly joined and served defendants must join or consent. After filing, the removing defendants must promptly notify adverse parties and file a copy with the state-court clerk, as the statute requires. [1]
- Preserve service records and consent documentation.
- Attach the complete required served materials.
- Check the jurisdictional facts and filing district.
- Retain proof of federal and state submissions.
See remand deadlines under Section 1447 and civil-rights removal under Section 1443 for related procedures with distinct requirements.
Primary sources
- 28 U.S. Code 1446 – Procedure for Removal of Civil Actions
- 28 U.S. Code 1441 – Removal of Civil Actions
Sources checked: October 31, 2026.