-CITE-

28 USC CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES

FROM STATE COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-MISC1-

Sec.

1441. Actions removable generally.

1442. Federal officers and agencies sued or prosecuted.(!1)

1442a. Members of armed forces sued or prosecuted.

1443. Civil rights cases.

1444. Foreclosure action against United States.

1445. Nonremovable actions.

1446. Procedure for removal.

1447. Procedure after removal generally.

1448. Process after removal.

1449. State court record supplied.

1450. Attachment or sequestration; securities.

1451. Definitions.

1452. Removal of claims related to bankruptcy cases.

AMENDMENTS

1996 - Pub. L. 104-317, title II, Sec. 206(b), Oct. 19, 1996, 110

Stat. 3850, inserted "and agencies" after "officers" in item 1442.

1984 - Pub. L. 98-353, title I, Sec. 103(b), July 10, 1984, 98

Stat. 335, added item 1452.

1970 - Pub. L. 91-358, title I, Sec. 172(d)(2), July 29, 1970, 84

Stat. 591, added item 1451.

1958 - Pub. L. 85-554, Sec. 5(b), July 25, 1958, 72 Stat. 416,

substituted "Nonremovable actions" for "Carriers; non-removable

actions" in item 1445.

1956 - Act Aug. 10, 1956, ch. 1041, Sec. 19(b), 70A Stat. 627,

added item 1442a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTION

This chapter is referred to in title 33 section 1323; title 39

section 409; title 42 section 7192.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

28 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1441. Actions removable generally

-STATUTE-

(a) Except as otherwise expressly provided by Act of Congress,

any civil action brought in a State court of which the district

courts of the United States have original jurisdiction, may be

removed by the defendant or the defendants, to the district court

of the United States for the district and division embracing the

place where such action is pending. For purposes of removal under

this chapter, the citizenship of defendants sued under fictitious

names shall be disregarded.

(b) Any civil action of which the district courts have original

jurisdiction founded on a claim or right arising under the

Constitution, treaties or laws of the United States shall be

removable without regard to the citizenship or residence of the

parties. Any other such action shall be removable only if none of

the parties in interest properly joined and served as defendants is

a citizen of the State in which such action is brought.

(c) Whenever a separate and independent claim or cause of action

within the jurisdiction conferred by section 1331 of this title is

joined with one or more otherwise non-removable claims or causes of

action, the entire case may be removed and the district court may

determine all issues therein, or, in its discretion, may remand all

matters in which State law predominates.

(d) Any civil action brought in a State court against a foreign

state as defined in section 1603(a) of this title may be removed by

the foreign state to the district court of the United States for

the district and division embracing the place where such action is

pending. Upon removal the action shall be tried by the court

without jury. Where removal is based upon this subsection, the time

limitations of section 1446(b) of this chapter may be enlarged at

any time for cause shown.

(e)(1) Notwithstanding the provisions of subsection (b) of this

section, a defendant in a civil action in a State court may remove

the action to the district court of the United States for the

district and division embracing the place where the action is

pending if -

(A) the action could have been brought in a United States

district court under section 1369 of this title; or

(B) the defendant is a party to an action which is or could

have been brought, in whole or in part, under section 1369 in a

United States district court and arises from the same accident as

the action in State court, even if the action to be removed could

not have been brought in a district court as an original matter.

The removal of an action under this subsection shall be made in

accordance with section 1446 of this title, except that a notice of

removal may also be filed before trial of the action in State court

within 30 days after the date on which the defendant first becomes

a party to an action under section 1369 in a United States district

court that arises from the same accident as the action in State

court, or at a later time with leave of the district court.

(2) Whenever an action is removed under this subsection and the

district court to which it is removed or transferred under section

1407(j) has made a liability determination requiring further

proceedings as to damages, the district court shall remand the

action to the State court from which it had been removed for the

determination of damages, unless the court finds that, for the

convenience of parties and witnesses and in the interest of

justice, the action should be retained for the determination of

damages.

(3) Any remand under paragraph (2) shall not be effective until

60 days after the district court has issued an order determining

liability and has certified its intention to remand the removed

action for the determination of damages. An appeal with respect to

the liability determination of the district court may be taken

during that 60-day period to the court of appeals with appellate

jurisdiction over the district court. In the event a party files

such an appeal, the remand shall not be effective until the appeal

has been finally disposed of. Once the remand has become effective,

the liability determination shall not be subject to further review

by appeal or otherwise.

(4) Any decision under this subsection concerning remand for the

determination of damages shall not be reviewable by appeal or

otherwise.

(5) An action removed under this subsection shall be deemed to be

an action under section 1369 and an action in which jurisdiction is

based on section 1369 of this title for purposes of this section

and sections 1407, 1697, and 1785 of this title.

(6) Nothing in this subsection shall restrict the authority of

the district court to transfer or dismiss an action on the ground

of inconvenient forum.

(f) The court to which a civil action is removed under this

section is not precluded from hearing and determining any claim in

such civil action because the State court from which such civil

action is removed did not have jurisdiction over that claim.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 94-583, Sec. 6, Oct.

21, 1976, 90 Stat. 2898; Pub. L. 99-336, Sec. 3(a), June 19, 1986,

100 Stat. 637; Pub. L. 100-702, title X, Sec. 1016(a), Nov. 19,

1988, 102 Stat. 4669; Pub. L. 101-650, title III, Sec. 312, Dec. 1,

1990, 104 Stat. 5114; Pub. L. 102-198, Sec. 4, Dec. 9, 1991, 105

Stat. 1623; Pub. L. 107-273, div. C, title I, Sec. 11020(b)(3),

Nov. 2, 2002, 116 Stat. 1827.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 71, 114 (Mar. 3, 1911,

ch. 231, Secs. 28, 53, 36 Stat. 1094, 1101; Jan. 20, 1914, ch. 11,

38 Stat. 278; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).

Section consolidates removal provisions of sections 71 and 114 of

title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities

and conflicts of decisions.

Phrases such as "in suits of a civil nature, at law or in

equity," the words "case," "cause," "suit," and the like have been

omitted and the words "civil action" substituted in harmony with

Rules 2 and 81(c) of the Federal Rules of Civil Procedure.

Ambiguous phrases such as "the District Court of the United

States for the proper district" have been clarified by the

substitution of the phrase "the district and division embracing the

place where such action is pending." (See General Investment Co. v.

Lake Shore & M.S. Ry. Co., 1922, 43 S.Ct. 107, 112, 260 U.S. 261,

67 L.Ed. 244 and cases cited therein.)

All the provisions with reference to removal of controversies

between citizens of different States because of inability, from

prejudice or local influence, to obtain justice, have been

discarded. These provisions, born of the bitter sectional feelings

engendered by the Civil War and the Reconstruction period, have no

place in the jurisprudence of a nation since united by three wars

against foreign powers. Indeed, the practice of removal for

prejudice or local influence has not been employed much in recent

years.

Subsection (c) has been substituted for the provision in section

71 of title 28, U.S.C., 1940 ed., "and when in any suit mentioned

in this section, there shall be a controversy which is wholly

between citizens of different States, and which can be fully

determined as between them, then either one or more of the

defendants actually interested in such controversy may remove said

suit into the district court of the United States."

This quoted language has occasioned much confusion. The courts

have attempted to distinguish between separate and separable

controversies, a distinction which is sound in theory but illusory

in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.)

Subsection (c) permits the removal of a separate cause of action

but not of a separable controversy unless it constitutes a separate

and independent claim or cause of action within the original

jurisdiction of United States District Courts. In this respect it

will somewhat decrease the volume of Federal litigation.

Rules 18, 20, and 23 of the Federal Rules of Civil Procedure

permit the most liberal joinder of parties, claims, and remedies in

civil actions. Therefore there will be no procedural difficulty

occasioned by the removal of the entire action. Conversely, if the

court so desires, it may remand to the State court all nonremovable

matters.

The provisions of section 71 of title 28, U.S.C., 1940 ed., with

respect to removal of actions under the Federal Employer's

Liability Act (U.S.C., 1940 ed., title 45, Railroads, Secs. 51-60)

and actions against a carrier for loss, damage, or delay to

shipments under section 20 of title 49, U.S.C., 1940 ed.,

Transportation, are incorporated in section 1445 of this title.

AMENDMENTS

2002 - Subsecs. (e), (f). Pub. L. 107-273 added subsec. (e),

redesignated former subsec. (e) as (f), and substituted "The court

to which a civil action is removed under this section" for "The

court to which such civil action is removed".

1991 - Subsec. (c). Pub. L. 102-198 struck out comma after

"title" and substituted "may" for "may may" before "remand".

1990 - Subsec. (c). Pub. L. 101-650 substituted "within the

jurisdiction conferred by section 1331 of this title" for ", which

would be removable if sued upon alone" and "may remand all matters

in which State law predominates" for "remand all matters not

otherwise within its original jurisdiction".

1988 - Subsec. (a). Pub. L. 100-702 inserted at end "For purposes

of removal under this chapter, the citizenship of defendants sued

under fictitious names shall be disregarded."

1986 - Subsec. (e). Pub. L. 99-336 added subsec. (e).

1976 - Subsec. (d). Pub. L. 94-583 added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 applicable to a civil action if the

accident giving rise to the cause of action occurred on or after

the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L.

107-273, set out as an Effective Date note under section 1369 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 3(b) of Pub. L. 99-336 provided that: "The amendment made

by this section [amending this section] shall apply with respect to

claims in civil actions commenced in State courts on or after the

date of the enactment of this section [June 19, 1986]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-583 effective 90 days after Oct. 21,

1976, see section 8 of Pub. L. 94-583, set out as an Effective Date

note under section 1602 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1332 of this title; title

33 section 1323.

-End-

-CITE-

28 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1442. Federal officers or agencies sued or prosecuted

-STATUTE-

(a) A civil action or criminal prosecution commenced in a State

court against any of the following may be removed by them to the

district court of the United States for the district and division

embracing the place wherein it is pending:

(1) The United States or any agency thereof or any officer (or

any person acting under that officer) of the United States or of

any agency thereof, sued in an official or individual capacity

for any act under color of such office or on account of any

right, title or authority claimed under any Act of Congress for

the apprehension or punishment of criminals or the collection of

the revenue.

(2) A property holder whose title is derived from any such

officer, where such action or prosecution affects the validity of

any law of the United States.

(3) Any officer of the courts of the United States, for any act

under color of office or in the performance of his duties;

(4) Any officer of either House of Congress, for any act in the

discharge of his official duty under an order of such House.

(b) A personal action commenced in any State court by an alien

against any citizen of a State who is, or at the time the alleged

action accrued was, a civil officer of the United States and is a

nonresident of such State, wherein jurisdiction is obtained by the

State court by personal service of process, may be removed by the

defendant to the district court of the United States for the

district and division in which the defendant was served with

process.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104-317, title II,

Sec. 206(a), Oct. 19, 1996, 110 Stat. 3850.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 76 and 77 (Mar. 3,

1911, ch. 231, Secs. 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916,

ch. 399, 39 Stat. 532).

Section consolidates sections 76 and 77 of title 28, U.S.C., 1940

ed.

The revised subsection (a)(1) is extended to apply to all

officers and employees of the United States or any agency thereof.

Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue

officers engaged in the enforcement of the criminal or revenue

laws.

The procedural provisions of section 76 of title 28, U.S.C., 1940

ed., are incorporated in sections 1446 and 1447 of this title. (See

reviser's notes under those sections.)

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-317, Sec. 206(a)(1), inserted "or agencies"

after "officers" in section catchline.

Subsec. (a). Pub. L. 104-317, Sec. 206(a)(2), struck out

"persons" after "following" in introductory provisions and

substituted "The United States or any agency thereof or any officer

(or any person acting under that officer) of the United States or

of any agency thereof, sued in an official or individual capacity

for any act under color of such office" for "Any officer of the

United States or any agency thereof, or person acting under him,

for any act under color of such office" in par. (1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 1452, 2279aa-14;

title 14 section 823a.

-End-

-CITE-

28 USC Sec. 1442a 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1442a. Members of armed forces sued or prosecuted

-STATUTE-

A civil or criminal prosecution in a court of a State of the

United States against a member of the armed forces of the United

States on account of an act done under color of his office or

status, or in respect to which he claims any right, title, or

authority under a law of the United States respecting the armed

forces thereof, or under the law of war, may at any time before the

trial or final hearing thereof be removed for trial into the

district court of the United States for the district where it is

pending in the manner prescribed by law, and it shall thereupon be

entered on the docket of the district court, which shall proceed as

if the cause had been originally commenced therein and shall have

full power to hear and determine the cause.

-SOURCE-

(Added Aug. 10, 1956, ch. 1041, Sec. 19(a), 70A Stat. 626.)

-MISC1-

DERIVATION

Section was from the Uniform Code of Military Justice, act May 5,

1950, ch. 169, Sec. 9, 64 Stat. 146, which was based on Article

117, Articles of War, act June 4, 1920, ch. 227, subch. II, Sec. 1,

41 Stat. 811, as amended June 24, 1948, ch. 625, title II, Sec.

242, 62 Stat. 642.

-End-

-CITE-

28 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1443. Civil rights cases

-STATUTE-

Any of the following civil actions or criminal prosecutions,

commenced in a State court may be removed by the defendant to the

district court of the United States for the district and division

embracing the place wherein it is pending:

(1) Against any person who is denied or cannot enforce in the

courts of such State a right under any law providing for the

equal civil rights of citizens of the United States, or of all

persons within the jurisdiction thereof;

(2) For any act under color of authority derived from any law

providing for equal rights, or for refusing to do any act on the

ground that it would be inconsistent with such law.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 938.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 74 (Mar. 3, 1911, ch.

231, Sec. 31, 36 Stat. 1096).

Other provisions of section 74 of title 28, U.S.C., 1940 ed., are

incorporated in sections 1446 and 1447 of this title.

Words "or in the part of the State where such suit or prosecution

is pending" after "courts of such States," were omitted as

unnecessary.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1447 of this title.

-End-

-CITE-

28 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1444. Foreclosure action against United States

-STATUTE-

Any action brought under section 2410 of this title against the

United States in any State court may be removed by the United

States to the district court of the United States for the district

and division in which the action is pending.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949, ch. 139, Sec.

82, 63 Stat. 101.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 903 (Mar. 4, 1931, ch.

515, Sec. 3, 46 Stat. 1529).

The procedural provisions of section 903 of title 28, U.S.C.,

1940 ed., were omitted as covered by section 1446 of this title.

Changes were made in phraseology.

1949 ACT

This section corrects typographical errors in section 1444 of

title 28, U.S.C.

AMENDMENTS

1949 - Act May 24, 1949, inserted "court" between "State" and

"may", and substituted "division" for "divisions".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2410 of this title; title

26 section 7424.

-End-

-CITE-

28 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1445. Nonremovable actions

-STATUTE-

(a) A civil action in any State court against a railroad or its

receivers or trustees, arising under sections 1-4 and 5-10 of the

Act of April 22, 1908 (45 U.S.C. 51-54, 55-60), may not be removed

to any district court of the United States.

(b) A civil action in any State court against a carrier or its

receivers or trustees to recover damages for delay, loss, or injury

of shipments, arising under section 11706 or 14706 of title 49, may

not be removed to any district court of the United States unless

the matter in controversy exceeds $10,000, exclusive of interest

and costs.

(c) A civil action in any State court arising under the workmen's

compensation laws of such State may not be removed to any district

court of the United States.

(d) A civil action in any State court arising under section 40302

of the Violence Against Women Act of 1994 may not be removed to any

district court of the United States.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 939; Pub. L. 85-554, Sec. 5, July

25, 1958, 72 Stat. 415; Pub. L. 95-473, Sec. 2(a)(3)(A), Oct. 17,

1978, 92 Stat. 1465; Pub. L. 95-486, Sec. 9(b), Oct. 20, 1978, 92

Stat. 1634; Pub. L. 103-322, title IV, Sec. 40302(e)(5), Sept. 13,

1994, 108 Stat. 1942; Pub. L. 104-88, title III, Sec. 305(b), Dec.

29, 1995, 109 Stat. 944; Pub. L. 104-287, Sec. 3, Oct. 11, 1996,

110 Stat. 3388.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 71 (Mar. 3, 1911, ch.

231, Sec. 28, 36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278;

Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).

The words "or its receivers or trustees" were inserted in both

subsections to make clear that nonremovable actions against a

carrier do not become removable under section 1442 of this title

when filed against court receivers or trustees.

This was the unquestioned rule prior to the act of Aug. 23, 1916,

ch. 399, 39 Stat. 532, amending section 76 of title 28, U.S.C.,

1940 ed., and permitting removal of actions against officers of

United States courts. The cases are in conflict as to whether under

that amendment the case becomes removable when the carrier is in

receivership or undergoing reorganization. The revised section

resolves the conflict by denying the right of removal to receivers

and trustees where it would be nonexistent if the carrier were the

party defendant. Thus the subject matter rather than legalistic

distinctions as to the identity of the parties is made

determinative consideration.

A reference in section 71 of title 28, U.S.C., 1940 ed., to

sections 51-59 of title 45, U.S.C., 1940 ed., Railroads, was

changed to "51-60." Such sections 51-59 embraced all of chapter 2

of said title 45 when the law on which such section 71 is based was

enacted, but a new section (60) was added in 1939.

Other provisions of section 71 of title 28, U.S.C., 1940 ed.,

appear in section 1441 of this title.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 40302 of the Violence Against Women Act of 1994, referred

to in subsec. (d), is classified to section 13981 of Title 42, The

Public Health and Welfare.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-287 substituted "sections 1-4 and

5-10 of the Act of April 22, 1908 (45 U.S.C. 51-54, 55-60)" for

"sections 51-60 of Title 45".

1995 - Subsec. (b). Pub. L. 104-88 substituted "carrier" for

"common carrier" and "11706 or 14706" for "11707".

1994 - Subsec. (d). Pub. L. 103-322 added subsec. (d).

1978 - Subsec. (b). Pub. L. 95-486 substituted "$10,000" for

"$3,000".

Pub. L. 95-473 substituted "section 11707 of title 49" for

"section 20 of Title 49".

1958 - Pub. L. 85-554 substituted "Nonremovable actions" for

"Carriers; nonremovable actions" in section catchline and added

subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

Title 49, Transportation.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-554 applicable only in the case of

actions commenced after July 25, 1958, see section 3 of Pub. L.

85-554, set out as a note under section 1331 of this title.

-End-

-CITE-

28 USC Sec. 1446 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1446. Procedure for removal

-STATUTE-

(a) A defendant or defendants desiring to remove any civil action

or criminal prosecution 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 action.

(b) The notice of removal of a civil action or proceeding shall

be filed within thirty 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 thirty 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.

If the case stated by the initial pleading is not removable, a

notice of removal may be filed within thirty 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, except that a case may not be removed on the basis of

jurisdiction conferred by section 1332 of this title more than 1

year after commencement of the action.

(c)(1) A notice of removal of a criminal prosecution shall be

filed not later than thirty days after the arraignment in the State

court, or at any time before trial, whichever is earlier, except

that for good cause shown the United States district court may

enter an order granting the defendant or defendants leave to file

the notice at a later time.

(2) A notice of removal of a criminal prosecution shall include

all grounds for such removal. A failure to state grounds which

exist at the time of the filing of the notice shall constitute a

waiver of such grounds, and a second notice may be filed only on

grounds not existing at the time of the original notice. For good

cause shown, the United States district court may grant relief from

the limitations of this paragraph.

(3) The filing of a notice of removal of a criminal prosecution

shall not prevent the State court in which such prosecution is

pending from proceeding further, except that a judgment of

conviction shall not be entered unless the prosecution is first

remanded.

(4) The United States district court in which such notice is

filed shall examine the notice promptly. If it clearly appears on

the face of the notice and any exhibits annexed thereto that

removal should not be permitted, the court shall make an order for

summary remand.

(5) If the United States district court does not order the

summary remand of such prosecution, it shall order an evidentiary

hearing to be held promptly and after such hearing shall make such

disposition of the prosecution as justice shall require. If the

United States district court determines that removal shall be

permitted, it shall so notify the State court in which prosecution

is pending, which shall proceed no further.

(d) 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.

(e) If the defendant or defendants are in actual custody on

process issued by the State court, the district court shall issue

its writ of habeas corpus, and the marshal shall thereupon take

such defendant or defendants into his custody and deliver a copy of

the writ to the clerk of such State court.

(f) With respect to any counterclaim removed to a district court

pursuant to section 337(c) of the Tariff Act of 1930, the district

court shall resolve such counterclaim in the same manner as an

original complaint under the Federal Rules of Civil Procedure,

except that the payment of a filing fee shall not be required in

such cases and the counterclaim shall relate back to the date of

the original complaint in the proceeding before the International

Trade Commission under section 337 of that Act.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, Sec.

83, 63 Stat. 101; Pub. L. 89-215, Sept. 29, 1965, 79 Stat. 887;

Pub. L. 95-78, Sec. 3, July 30, 1977, 91 Stat. 321; Pub. L.

100-702, title X, Sec. 1016(b), Nov. 19, 1988, 102 Stat. 4669; Pub.

L. 102-198, Sec. 10(a), Dec. 9, 1991, 105 Stat. 1626; Pub. L.

103-465, title III, Sec. 321(b)(2), Dec. 8, 1994, 108 Stat. 4946;

Pub. L. 104-317, title VI, Sec. 603, Oct. 19, 1996, 110 Stat.

3857.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 72, 74, 75, 76 (May 3,

1911, ch. 231, Secs. 29, 31, 32, 33, 36 Stat. 1095, 1097; Aug. 23,

1916, ch. 399, 39 Stat. 532; July 30, 1977, Pub. L. 95-78, Sec. 3,

91 Stat. 321.)

Section consolidates portions of sections 74, 75, and 76 with

section 72 of title 28, U.S.C., 1940 ed., with important changes of

substance and phraseology.

Subsection (a), providing for the filing of the removal petition

in the district court, is substituted for the requirement of

sections 72 and 74 of title 28, U.S.C., 1940 ed., that the petition

be filed in the State court. This conforms to the method prescribed

by section 76 of title 28, U.S.C., 1940 ed., and to the

recommendation of United States District Judges Calvin W. Chesnut

and T. Waties Warring approved by the Committee of the Judicial

Conference on the Revision of the Judicial Code.

Subsection (b) makes uniform the time for filing petitions to

remove all civil actions within twenty days after commencement of

action or service of process whichever is later, instead of "at any

time before the defendant is required by the laws of the State or

the rule of the State court in which such suit is brought to answer

or plead" as required by section 72 of title 28, U.S.C., 1940 ed.

As thus revised, the section will give adequate time and operate

uniformly throughout the Federal jurisdiction. The provisions of

sections 74 and 76 of title 28, U.S.C., 1940 ed., for filing at any

time "before trial or final hearing" in civil rights cases and

cases involving revenue officers, court officers and officers of

either House of Congress were omitted.

Subsection (c) embodies the provisions of sections 74 and 76 of

title 28, U.S.C., 1940 ed., for filing the removal petition before

trial and makes them applicable to all criminal prosecutions but

not to civil actions. This provision was retained to protect

Federal officers enforcing revenue or criminal laws from being

rushed to trial in State courts before petition for removal could

be filed. Words "or final hearing" following the words "before

trial," were omitted for purposes of clarity and simplification of

procedure.

The provision of said section 76 of title 28, U.S.C., 1940 ed.,

for certificate of counsel that he has examined the proceedings and

carefully inquired into all matters set forth in the petition and

believes them to be true, was omitted as unnecessary and

inconsistent with Rule 11 of the Federal Rules of Civil Procedure.

Subsection (d) is derived from sections 72 and 74 of title 28,

U.S.C., 1940 ed., but the requirement for cost bond is limited to

civil actions in conformity with the more enlightened trend of

modern procedure to remove all unnecessary impediments to the

administration of criminal justice. Provisions of said section 72

as to the conditions of the bond were rewritten because

inappropriate when the petition for removal is filed in the Federal

court.

Subsection (e) provides for notice to the adverse parties and for

the filing in the State court of a copy of the petition for removal

in substitution for the requirements of sections 72 and 74 of title

28, U.S.C., 1940 ed., for the filing of the removal petition in the

State court. The last sentence of subsection (e) is derived from

sections 72, 74 and 76 of title 28, U.S.C., 1940 ed.

Subsection (f) is derived from sections 75 and 76 of title 28,

U.S.C., 1940 ed.

Since the procedure in removal cases is now governed by the

Federal Rules of Civil Procedure [Rule 81(c)] and Federal Rules of

Criminal Procedure [Rule 54(b)], the detailed directions of the

various sections with respect to such procedure were omitted as

unnecessary.

Thus the provision of section 72 of title 28, U.S.C., 1940 ed.,

with respect to appearance, special bail and filing the record were

omitted as covered by the Federal Rules of Civil Procedure, Rules

64, 81(c).

The provisions of section 74 of title 28, U.S.C., 1940 ed., as to

the effect of security and other proceedings and remedies in the

State court were omitted as covered by section 1450 of this title.

The requirements of section 74 of title 28, U.S.C., 1940 ed.,

that the clerk of the State court shall furnish copies of pleadings

and proceedings to the petitioner and that the petitioner shall

file the same in the district court are covered by section 1447 of

this title.

The provisions of section 74 of title 28, U.S.C., 1940 ed.,

requiring the adverse parties to plead anew in the district court

were omitted as unnecessary in view of Federal Rules of Civil

Procedure, Rule 81(c). The last sentence of such section was

omitted as covered by section 1447(d) of this title.

1949 ACT

Subsection (b) of section 1446 of title 28, U.S.C., as revised,

has been found to create difficulty in those States, such as New

York, where suit is commenced by the service of a summons and the

plaintiff's initial pleading is not required to be served or filed

until later.

The first paragraph of the amendment to subsection (b) corrects

this situation by providing that the petition for removal need not

be filed until 20 days after the defendant has received a copy of

the plaintiff's initial pleading.

This provision, however, without more, would create further

difficulty in those States, such as Kentucky, where suit is

commenced by the filing of the plaintiff's initial pleading and the

issuance and service of a summons without any requirement that a

copy of the pleading be served upon or otherwise furnished to the

defendant. Accordingly the first paragraph of the amendment

provides that in such cases the petition for removal shall be filed

within 20 days after the service of the summons.

The first paragraph of the amendment conforms to the amendment of

rule 81(c) of the Federal Rules of Civil Procedure, relating to

removed actions, adopted by the Supreme Court on December 29, 1948,

and reported by the Court to the present session of Congress.

The second paragraph of the amendment to subsection (b) is

intended to make clear that the right of removal may be exercised

at a later stage of the case if the initial pleading does not state

a removable case but its removability is subsequently disclosed.

This is declaratory of the existing rule laid down by the

decisions. (See for example, Powers v. Chesapeake etc., Ry. Co.,

169 U.S. 92.)

In addition, this amendment clarifies the intent of section

1446(e) of title 28, U.S.C., to indicate that notice need not be

given simultaneously with the filing, but may be given promptly

thereafter.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsecs. (a)

and (f), are set out in the Appendix to this title.

Section 337 of the Tariff Act of 1930, referred to in subsec.

(f), is classified to section 1337 of Title 19, Customs Duties.

-MISC2-

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-317 substituted "defendant or

defendants" for "petitioner".

1994 - Subsec. (f). Pub. L. 103-465 added subsec. (f).

1991 - Subsec. (c)(1). Pub. L. 102-198, Sec. 10(a)(1), (4),

substituted "notice of" for "petition for" and "the notice" for

"the petition".

Subsec. (c)(2). Pub. L. 102-198, Sec. 10(a)(1), (4), substituted

"notice of" for "petition for" and substituted "notice" for

"petition" in three places.

Subsec. (c)(3). Pub. L. 102-198, Sec. 10(a)(1), (2), substituted

"notice of" for "petition for" and "prosecution is first remanded"

for "petition is first denied".

Subsec. (c)(4), (5). Pub. L. 102-198, Sec. 10(a)(3), added pars.

(4) and (5) and struck out former pars. (4) and (5) which read as

follows:

"(4) The United States district court to which such petition is

directed shall examine the petition promptly. If it clearly appears

on the face of the petition and any exhibits annexed thereto that

the petition for removal should not be granted, the court shall

make an order for its summary dismissal.

"(5) If the United States district court does not order the

summary dismissal of such petition, it shall order an evidentiary

hearing to be held promptly and after such hearing shall make such

disposition of the petition as justice shall require. If the United

States district court determines that such petition shall be

granted, it shall so notify the State court in which prosecution is

pending, which shall proceed no further."

Subsec. (d). Pub. L. 102-198, Sec. 10(a)(1), (4), (5),

substituted "notice of removal" for "petition for the removal",

struck out "and bond" after "civil action", and substituted "notice

with" for "petition with".

1988 - Subsec. (a). Pub. L. 100-702, Sec. 1016(b)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "A defendant or defendants desiring to remove any civil

action or criminal prosecution 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 verified petition containing

a short and plain statement of the facts which entitle him or them

to removal together with a copy of all process, pleadings and

orders served upon him or them in such action."

Subsec. (b). Pub. L. 100-702, Sec. 1016(b)(2), substituted

"notice of removal" for "petition for removal" in two places and

inserted before period at end of second par. ", except that a case

may not be removed on the basis of jurisdiction conferred by

section 1332 of this title more than 1 year after commencement of

the action".

Subsecs. (d) to (f). Pub. L. 100-702, Sec. 1016(b)(3),

redesignated subsecs. (e) and (f) as (d) and (e), respectively, and

struck out former subsec. (d) which read as follows: "Each petition

for removal of a civil action or proceeding, except a petition in

behalf of the United States, shall be accompanied by a bond with

good and sufficient surety conditioned that the defendant or

defendants will pay all costs and disbursements incurred by reason

of the removal proceedings should it be determined that the case

was not removable or was improperly removed."

1977 - Subsec. (c). Pub. L. 95-78, Sec. 3(a), designated existing

provisions as par. (1), set a period of 30 days as the maximum

allowable time prior to commencement of trial and following

arraignment during which time a petition for removal can be filed,

provided for the grant of additional time for good cause shown, and

added pars. (2) to (5).

Subsec. (e). Pub. L. 95-78, Sec. 3(b), inserted "for the removal

of a civil action" after "filing of such petition".

1965 - Subsec. (b). Pub. L. 89-215 substituted "thirty days" for

"twenty days" wherever appearing.

1949 - Subsec. (b). Act May 24, 1949, Sec. 83(a), provided that

the petition for removal need not be filed until 20 days after the

defendant has received a copy of the plaintiff's initial pleading,

and provided that the petition for removal shall be filed within 20

days after the service of summons.

Subsec. (e). Act May 24, 1949, Sec. 83(b), indicated that notice

need not be given simultaneously with the filing, but may be made

promptly thereafter.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 applicable with respect to

complaints filed under section 1337 of Title 19, Customs Duties, on

or after the date on which the World Trade Organization Agreement

enters into force with respect to the United States [Jan. 1, 1995],

or in cases under section 1337 of Title 19 in which no complaint is

filed, with respect to investigations initiated under such section

on or after such date, see section 322 of Pub. L. 103-465, set out

as a note under section 1337 of Title 19.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-78 effective Oct. 1, 1977, see section 4

of Pub. L. 95-78, set out as an Effective Date of Pub. L. 95-78

note under section 3771 of Title 18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1441, 1447 of this title;

title 19 section 3473; title 22 sections 283gg, 290i-7, 290k-9,

290m; title 25 sections 487, 610c, 642, 670; title 42 sections

2210, 14616.

-End-

-CITE-

28 USC Sec. 1447 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1447. Procedure after removal generally

-STATUTE-

(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 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.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, Sec.

84, 63 Stat. 102; Pub. L. 88-352, title IX, Sec. 901, July 2, 1964,

78 Stat. 266; Pub. L. 100-702, title X, Sec. 1016(c), Nov. 19,

1988, 102 Stat. 4670; Pub. L. 102-198, Sec. 10(b), Dec. 9, 1991,

105 Stat. 1626; Pub. L. 104-219, Sec. 1, Oct. 1, 1996, 110 Stat.

3022.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 71, 72, 74, 76, 80, 81

and 83 (Mar. 3, 1911, ch. 231, Secs. 28, 29, 31, 33, 37 and 38, 36

Stat. 1094-1098; Jan. 20, 1914, ch. 11, 39 Stat. 278; Aug. 23,

1916, ch. 399, 39 Stat. 532; Apr. 16, 1920, ch. 146, 41 Stat. 554;

Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).

Section consolidates procedural provisions of sections 71, 72,

74, 76, 80, 81 and 83 of title 28, U.S.C., 1940 ed., with important

changes in substance and phraseology.

Subsection (a) is derived from sections 72, 76, 81 and 83 of

title 28, U.S.C., 1940 ed. The remaining provisions of said section

83 are the basis of section 1448 of this title.

Subsection (b) is derived from sections 72, 74, 76 and 83 of

title 28, U.S.C., 1940 ed., which have been rewritten to provide

the utmost simplicity and flexibility of procedure in bringing the

State court record to the district court.

[Editorial Note. - Subsecs. (c), (d) and (e) as originally

revised and incorporated in this section read as follows:

"(c) It may order the pleadings recast and the parties realigned

according to their real interest.

"(d) If any party fails to comply with its lawful orders, the

district court may enter such further orders and judgments as

justice requires.

"(e) If at any time before final judgment it appears that the

case was removed improvidently and without jurisdiction, the

district court shall remand the case. A certified copy of the order

of remand shall be mailed by its clerk to the clerk of the State

court. The State court may thereupon proceed with such case."]

Subsections (c) and (d) are substituted for unnecessary and

inconsistent procedural provisions.

Subsection (e) [now subsec. (c)] is derived from sections 71 and

80 of title 28, U.S.C., 1940 ed. Such subsection is rewritten to

eliminate the cumbersome procedure of remand. Under this chapter as

revised, the petition for removal under section 1446 of this

chapter will be filed in the Federal court in the first instance

and the right of removal determined in that court before the

petition is granted.

The provisions in section 80 of title 28, U.S.C., 1940 ed.,

relating to actions commenced in district courts, as distinguished

from actions removed thereto, are incorporated in section 1359 of

this title. Other provisions of said section 80 appear in section

1919 of this title.

1949 ACT

This section strikes out subsections (c) and (d) of section 1447

of title 28, U.S.C., as covered by the Federal Rules of Civil

Procedure, and adds a new subsection to such section 1447 to remove

any doubt that the former law as to the finality of an order of

remand to a State court is continued. This section also amends

renumbered subsection (c) to remove any doubt that the former law

authorizing the district court upon remand to order payment of

costs is continued.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-219 substituted "any defect other

than lack of subject matter jurisdiction" for "any defect in

removal procedure" in first sentence.

1991 - Subsec. (b). Pub. L. 102-198 substituted "removing party"

for "petitioner".

1988 - Subsec. (c). Pub. L. 100-702, Sec. 1016(c)(1), amended

subsec. (c) generally. Prior to amendment, subsec. (c) read as

follows: "If at any time before final judgment it appears that the

case was removed improvidently and without jurisdiction, the

district court shall remand the case, and may order the payment of

just costs. A certified copy of the order of remand shall be mailed

by its clerk to the clerk of the State court. The State court may

thereupon proceed with such case."

Subsec. (e). Pub. L. 100-702, Sec. 1016(c)(2), added subsec. (e).

1964 - Subsec. (d). Pub. L. 88-352, inserted exception provision.

1949 - Subsec. (c). Act May 24, 1949, Sec. 84(a), struck out

former subsecs. (c) and (d), renumbered former subsec. (e) to be

subsec. (c) and inserted at end of first sentence of new subsec.

(c) "and may order the payment of just costs".

Subsec. (d). Act May 24, 1949, Sec. 84(b), added subsec. (d).

EXCEPTION TO SUBSECTION (D)

Act Aug. 4, 1947, ch. 458, Sec. 3(c), 61 Stat. 732, provides in

part that the United States shall have the right to appeal from any

order of remand entered in any case removed to a United States

district court pursuant to the provisions of act Apr. 12, 1926, ch.

115, 44 Stat. 239. These acts referred to herein relate to

restrictions on land of the Five Civilized Tribes of Oklahoma and

are set out as notes under section 355 of Title 25, Indians.

-End-

-CITE-

28 USC Sec. 1448 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1448. Process after removal

-STATUTE-

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-

(June 25, 1948, ch. 646, 62 Stat. 940.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 83 (Apr. 16, 1920, ch.

146, 41 Stat. 554).

Words "district court of the United States" were substituted for

"United States Court," because only the district courts now possess

jurisdiction over removed civil and criminal cases.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1449 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1449. State court record supplied

-STATUTE-

Where a party is entitled to copies of the records and

proceedings in any suit or prosecution in a State court, to be used

in any district court of the United States, and the clerk of such

State court, upon demand, and the payment or tender of the legal

fees, fails to deliver certified copies, the district court may, on

affidavit reciting such facts, direct such record to be supplied by

affidavit or otherwise. Thereupon such proceedings, trial, and

judgment may be had in such district court, and all such process

awarded, as if certified copies had been filed in the district

court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, Sec.

85, 63 Stat. 102.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 78 (Mar. 3, 1911, ch.

231, Sec. 35, 36 Stat. 1098).

Changes were made in phraseology.

1949 ACT

This section corrects a typographical error by eliminating from

section 1449 of title 28, U.S.C., the words "any attachment or

sequestration of the", which had been inadvertently included, and

inserting in lieu thereof the words, "and the clerk of such State

court, upon".

AMENDMENTS

1949 - Act May 24, 1949, substituted "and the clerk of such State

court, upon" for "any attachment or sequestration of the".

-End-

-CITE-

28 USC Sec. 1450 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1450. Attachment or sequestration; securities

-STATUTE-

Whenever any action is removed from a State court to a district

court of the United States, any attachment or sequestration of the

goods or estate of the defendant in such action in the State court

shall hold the goods or estate to answer the final judgment or

decree in the same manner as they would have been held to answer

final judgment or decree had it been rendered by the State court.

All bonds, undertakings, or security given by either party in

such action prior to its removal shall remain valid and effectual

notwithstanding such removal.

All injunctions, orders, and other proceedings had in such action

prior to its removal shall remain in full force and effect until

dissolved or modified by the district court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 940.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 79 (Mar. 3, 1911, ch.

231, Sec. 36, 36 Stat. 1098).

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1451 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1451. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "State court" includes the Superior Court of the

District of Columbia.

(2) The term "State" includes the District of Columbia.

-SOURCE-

(Added Pub. L. 91-358, title I, Sec. 172(d)(1), July 29, 1970, 84

Stat. 591.)

-MISC1-

EFFECTIVE DATE

Section effective first day of seventh calendar month which

begins after July 29, 1970, see section 199(a) of Pub. L. 91-358,

set out as an Effective Date of 1970 Amendment note under section

1257 of this title.

-End-

-CITE-

28 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

-HEAD-

Sec. 1452. Removal of claims related to bankruptcy cases

-STATUTE-

(a) A party may remove any claim or cause of action in a civil

action other than a proceeding before the United States Tax Court

or a civil action by a governmental unit to enforce such

governmental unit's police or regulatory power, to the district

court for the district where such civil action is pending, if such

district court has jurisdiction of such claim or cause of action

under section 1334 of this title.

(b) The court to which such claim or cause of action is removed

may remand such claim or cause of action on any equitable ground.

An order entered under this subsection remanding a claim or cause

of action, or a decision to not remand, is not reviewable by appeal

or otherwise by the court of appeals under section 158(d), 1291, or

1292 of this title or by the Supreme Court of the United States

under section 1254 of this title.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 103(a), July 10, 1984, 98

Stat. 335; amended Pub. L. 101-650, title III, Sec. 309(c), Dec. 1,

1990, 104 Stat. 5113.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-650 inserted before period at end

"by the court of appeals under section 158(d), 1291, or 1292 of

this title or by the Supreme Court of the United States under

section 1254 of this title".

EFFECTIVE DATE

Section effective July 10, 1984, see section 122(a) of Pub. L.

98-353, set out as a note under section 151 of this title.

-End-

-CITE-

28 USC [CHAPTER 90 - OMITTED] 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

[CHAPTER 90 - OMITTED]

-HEAD-

[CHAPTER 90 - OMITTED]

-COD-

CODIFICATION

Chapter 90, consisting of sections 1471 to 1482, which was added

by Pub. L. 95-598, title II, Sec. 241(a), Nov. 6, 1978, 92 Stat.

2668, and which related to district courts and bankruptcy courts,

did not become effective pursuant to section 402(b) of Pub. L.

95-598, as amended, set out as an Effective Date note preceding

section 101 of Title 11, Bankruptcy.

-MISC1-

TRANSITION TO NEW COURT SYSTEM

Pub. L. 95-598, title IV, Sec. 409, Nov. 6, 1978, 92 Stat. 2687,

as amended by Pub. L. 98-249, Sec. 1(d), Mar. 31, 1984, 98 Stat.

116; Pub. L. 98-271, Sec. 1(d), Apr. 30, 1984, 98 Stat. 163; Pub.

L. 98-299, Sec. 1(d), May 25, 1984, 98 Stat. 214; Pub. L. 98-325,

Sec. 1(d), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I,

Sec. 121(d), July 10, 1984, 98 Stat. 346, which provided for

transfer to the new court system of cases, and matters and

proceedings in cases, under the Bankruptcy Act [former Title 11]

pending at the end of Sept. 30, 1983, in the courts of bankruptcy

continued under section 404(a) of Pub. L. 95-598, with certain

exceptions, and cases and proceedings arising under or related to

cases under Title 11 pending at the end of July 9, 1984, and

directed that civil actions pending on July 9, 1984, over which a

bankruptcy court had jurisdiction on July 9, 1984, not abate, but

continuation of such actions not finally determined before Apr. 1,

1985, be removed to a bankruptcy court under this chapter, and that

all law books, publications, etc., furnished bankruptcy judges as

of July 9, 1984, be transferred to the United States bankruptcy

courts under the supervision of the Director of the Administrative

Office of the United States Courts, was repealed by Pub. L. 98-353,

title I, Sec. 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July

10, 1984.

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