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28 U.S. Code § 1447 – Post-removal procedure

(through July 14, 2022)

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

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Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

U.S. Code

FRCP

  • Rule 3 – Commencing an action
  • Rule 4 – Summons
  • Rule 6 – Computing and extending time
  • Rule 7 – Pleadings allowed
  • Rule 8 – General pleading rules
  • Rule 9 – Pleading special matters
  • Rule 10 – Form of pleadings
  • Rule 11 – Signing pleadings, motions, and other papers
  • Rule 12 – Defenses and objections
  • Rule 13 – Counterclaim and crossclaim
  • Rule 14 – Third-party practice
  • Rule 15 – Amended and supplemental pleadings
  • Rule 16 – Pretrial conferences, scheduling, management
  • Rule 19 – Required joinder of parties
  • Rule 20 – Permissive joinder of parties
  • Rule 22 – Interpleader
  • Rule 23 – Class actions
  • Rule 24 – Intervention
  • Rule 25 – Substitution
  • Rule 26 – Duty to disclose
  • Rule 30 – Depositions by oral examination
  • Rule 31 – Depositions by written questions
  • Rule 33 – Interrogatories
  • Rule 34 – Producing documents, electronically stored information, and tangible things
  • Rule 35 – Physical and mental examinations
  • Rule 36 – Requests for admission
  • Rule 37 – Failure to make disclosures or to cooperate in discovery
  • Rule 38 – Right to a jury trial
  • Rule 41 – Dismissal of actions
  • Rule 42 – Consolidation; separate trials
  • Rule 45 – Subpoena
  • Rule 47 – Selecting jurors
  • Rule 48 – Number of jurors; verdict; polling
  • Rule 49 – Special verdict; general verdict and questions
  • Rule 50 – Judgment as a matter of law in a jury trial
  • Rule 51 – Instructions to the jury; objections; preserving a claim of error
  • Rule 52 – Findings and conclusions by the court; judgment on partial findings
  • Rule 54 – Judgment, costs
  • Rule 55 – Default
  • Rule 56 – Summary judgment
  • Rule 59 – New trial; altering or amending a judgment
  • Rule 60 – Relief from a judgment or order
  • Rule 65 – Injunctions and restraining orders

FRAP