28 U.S.C. § 1448 — Process after removal
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 99 words · no verdicts yet
This section allows defective or incomplete service of process to be completed after removal to Federal court. It preserves a defendant’s right to seek remand after being served.
In a case removed from State court* to a United States district court*, if a defendant was not served, service was incomplete before removal, or served process was defective, the service may be completed or new process issued as it would be in a case originally filed in that district* court. A defendant served after removal still may move to remand the case.
In all cases removed from any State court* to any district court of the United States* in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court*.
This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 940.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 940
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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