28 U.S.C. § 1447 — Procedure after removal generally
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 280 words · no verdicts yet
This section gives district courts tools for handling cases removed from State court. It sets deadlines and procedures for remand, limits review of remand orders, and addresses new defendants whose joinder would destroy jurisdiction.
(a) In a case removed from State court*, the district court* may issue all orders and legal process needed to bring all proper parties before it, whether State*-court process already served them or they were served in another way.
(b) The court may require the removing party to file copies of the State-court records and proceedings with the district*-court clerk. It may instead order the State court to send them by a writ of certiorari.
(c) A motion to remand based on any defect other than lack of subject-matter jurisdiction must be filed within 30 days after the notice of removal is filed under section 1446(a). If, before final judgment, the district court appears to lack subject-matter jurisdiction, it must remand the case. The remand order may require payment of fair costs and actual expenses, including attorney fees, caused by the removal. The clerk must mail a certified copy of the order to the State-court clerk, after which the State court may continue the case.
(d) A remand order generally cannot be reviewed on appeal or otherwise. But a remand ordered in a case removed under section 1442 or 1443 can be reviewed by appeal or otherwise.
(e) If, after removal, the plaintiff seeks to add defendants whose addition would destroy subject-matter jurisdiction, the court may deny the addition or allow it and remand the case to State court.
In any case removed from a State court*, the district court* may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State* court or otherwise.
It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.
A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district* court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.
If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, § 84, 63 Stat. 102; Pub. L. 88–352, title IX, § 901, July 2, 1964, 78 Stat. 266; Pub. L. 100–702, title X, § 1016(c), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 102–198, § 10(b), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 104–219, § 1, Oct. 1, 1996, 110 Stat. 3022; Pub. L. 112–51, § 2(d), Nov. 9, 2011, 125 Stat. 546.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 939
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 102
- 1964Amended · Pub. L. 88-352 · 78 Stat. 266
- 1988Amended · Pub. L. 100-702 · 102 Stat. 4670
- 1991Amended · Pub. L. 102-198 · 105 Stat. 1626
- 1996Amended · Pub. L. 104-219 · 110 Stat. 3022
- 2011Amended · Pub. L. 112-51 · 125 Stat. 546
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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