§ 1446. Procedure for removal of civil actions
Generally.--A defendant or defendants desiring to remove any civil
action from a State court shall file in the district court of the
United States for the district and division within which such action is
pending a notice of removal signed pursuant to Rule 11 of the Federal
Rules of Civil Procedure and containing a short and plain statement of
the grounds for removal, together with a copy of all process,
pleadings, and orders served upon such defendant or defendants in such
(b) Requirements; generally.--(1) The notice of removal
of a civil action or proceeding shall be filed within 30 days after the
receipt by the defendant, through service or otherwise, of a copy of
the initial pleading setting forth the claim for relief upon which such
action or proceeding is based, or within 30 days after the service of
summons upon the defendant if such initial pleading has then been filed
in court and is not required to be served on the defendant, whichever
period is shorter.
(2)(A) When a civil action is removed solely
under section 1441(a), all defendants who have been properly joined and
served must join in or consent to the removal of the action.
Each defendant shall have 30 days after receipt by or service on that
defendant of the initial pleading or summons described in paragraph (1)
to file the notice of removal.
(C) If defendants are served at
different times, and a later-served defendant files a notice of
removal, any earlier-served defendant may consent to the removal even
though that earlier-served defendant did not previously initiate or
consent to removal.
(3) Except as provided in subsection (c), if
the case stated by the initial pleading is not removable, a notice of
removal may be filed within 30 days after receipt by the defendant,
through service or otherwise, of a copy of an amended pleading, motion,
order or other paper from which it may first be ascertained that the
case is one which is or has become removable.
removal based on diversity of citizenship.--(1) A case may not be
removed under subsection (b)(3) on the basis of jurisdiction conferred
by section 1332 more than 1 year after commencement of the action,
unless the district court finds that the plaintiff has acted in bad
faith in order to prevent a defendant from removing the action.
If the notice of removal is filed more than 1 year after commencement
of the action and the district court finds that the plaintiff
deliberately failed to disclose the actual amount in controversy to
prevent removal, that finding shall be deemed bad faith under paragraph
(d) Notice to adverse parties and State court.--Promptly
after the filing of such notice of removal of a civil action the
defendant or defendants shall give written notice thereof to all
adverse parties and shall file a copy of the notice with the clerk of
such State court, which shall effect the removal and the State court
shall proceed no further unless and until the case is remanded.