When may a case be removed to federal court, and what is the general timeliness rule?

When may a case be removed to federal court, and what is the general timeliness rule?

• A. It may be removed only if the court is a state court and the case is not within federal jurisdiction.
• B. It may be removed only after service of a summons by the plaintiff.
• C. It may be removed if it could have been filed originally in federal court (federal question or complete diversity with the amount in controversy).
• D. It may be removed only with the consent of all plaintiffs.

Answer: (C)

Removal to federal court happens only when the federal court could have had original jurisdiction over the case. That means the action could have been filed in federal court from the start because it involves a federal question, or because there is complete diversity among the parties and the amount in controversy meets the statutory minimum. The general timeliness rule is that the defendant must remove within 30 days after service of the initial pleading on the defendant (or, for a later-joined defendant, within 30 days after service on that defendant). If the case was not removable when it was filed, there is a separate one-year ceiling from the state-court filing by which removal must occur, with limited exceptions.

Removal to federal court happens only when the federal court could have had original jurisdiction over the case. That means the action could have been filed in federal court from the start because it involves a federal question, or because there is complete diversity among the parties and the amount in controversy meets the statutory minimum.

The general timeliness rule is that the defendant must remove within 30 days after service of the initial pleading on the defendant (or, for a later-joined defendant, within 30 days after service on that defendant). If the case was not removable when it was filed, there is a separate one-year ceiling from the state-court filing by which removal must occur, with limited exceptions.