By Sarah E. Harmon
This is Part 7 of an 8-part series which covers:
- Part 1 – Federal Question Jurisdiction;
- Part 2 – Supplemental Jurisdiction;
- Part 3 – Diversity Jurisdiction: Complete Diversity;
- Part 4 – Diversity Jurisdiction: Amount in Controversy;
- Part 5 – Diversity Jurisdiction: Resident Defendants;
- Part 6 – Timing of Removal;
- Part 7 – Checklist for Removal;
- Part 8 – Remand
Part 7 – Checklist for Removal
In Part 1 and Part 2 of this Removal series, we discussed removal based on federal question jurisdiction and supplemental jurisdiction. In Part 3, Part 4, and Part 5 of this series, we discussed the three requirements for removal based on diversity jurisdiction. In Part 6, we discussed the time period in which removal must be filed. In this article, we provide a checklist to assist with removing an action.
☐ File the Notice of Removal in federal court.
☐ Include a short and plain statement of the grounds for removal.
☐ Include as exhibits all pleadings and proof of service for all of the served defendants.
☐ All defendants in the action must either sign the Notice of Removal as a party removing the action, file a separate joinder to the Notice of Removal, or file a separate Consent to Removal.
☐ File a Notice of Filing Notice of Removal in the state court action.
☐ Include a copy of the filed Notice of Removal as an exhibit.
☐ If the defendant has not answered or otherwise responded to the complaint prior to filing the Notice of Removal, the defendant must file a complaint within 20 days of service of the summons and complaint or within 5 days after the filing of the Notice of Removal, whichever is later.
Stay tuned for Part 8 in this series, posted here, in which I will discuss remand.
Please email me if you would like a copy of this series.
About Sarah Harmon:
Sarah E. Harmon is a partner at Bailey Kennedy and has over 18 years of experience in the areas of appellate advocacy and civil/business litigation, including breach of contract, fraud, legal malpractice, products liability, complex civil litigation, and many other types of business disputes. Her experience with appellate advocacy includes appeals from adverse judgments and orders as well as petitions for extraordinary writ relief. Ms. Harmon can assist clients with obtaining settlements and judgments before going to trial, avoiding errors at trial, and properly preserving issues for an appeal.
If you have any questions about appeals or civil/business litigation, please call or email Sarah Harmon at 702-562-8820 or sharmon@baileykennedy.com. Additional resources can also be found at www.baileykennedy.com/category/articles/ or linkedin.com/in/sarahharmonbk/
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