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28 U.S.C. § 1448 — Process after removal
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1448-process-after-removal--32195bdba5.md
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Source location: Title 28, Chapter 89, § 1448; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 403
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1449
stroy subject matter jurisdiction, the court may
deny joinder, or permit joinder and remand the
action to the State court.
(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949,
ch. 139, § 84, 63 Stat. 102; Pub. L. 88–352, title IX,
§ 901, July 2, 1964, 78 Stat. 266; Pub. L. 100–702,
title X, § 1016(c), Nov. 19, 1988, 102 Stat. 4670; Pub.
L. 102–198, § 10(b), Dec. 9, 1991, 105 Stat. 1626; Pub.
L. 104–219, § 1, Oct. 1, 1996, 110 Stat. 3022; Pub. L.
112–51, § 2(d), Nov. 9, 2011, 125 Stat. 546.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., §§ 71, 72, 74, 76, 80,
81 and 83 (Mar. 3, 1911, ch. 231, §§ 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, § 1, 45 Stat. 54).
Section consolidates procedural provisions of sec-
tions 71, 72, 74, 76, 80, 81 and 83 of title 28, U.S.C., 1940
ed., with important changes in substance and phrase-
ology.
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 pro-
cedure in bringing the State court record to the dis-
trict 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 or-
ders, the district
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