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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

in plain englishAI-generated · not legal advice

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.
the actual law source: uscode.house.gov ↗public domain

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.)

history & why it existsrecord from the source credit
  • 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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