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28 U.S.C. § 1455 — Procedure for removal of criminal prosecutions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of Removal.—** A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution 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) Requirements.—**
(1) A notice of removal of a criminal prosecution shall be filed not later than 30 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 that 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 c
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Source location: Title 28, Chapter 89, § 1455; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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**(a) Notice of Removal.—** A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution 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) Requirements.—**
(1) A notice of removal of a criminal prosecution shall be filed not later than 30 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 that 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.
**(c) Writ of Habeas Corpus.—** 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 the marshal’s custody and deliver a copy of the writ to the clerk of such State court.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in [section 1603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim), as plaintiff and citizens of a State or of different States.
**(b)** Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
**(c)** For the purposes of this section and [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1441&num=0&edition=prelim)—
(1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principa
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Federal law — U.S. Code and appendices · legal_authorities
Page 405
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1455
1 So in original. Probably should be ‘‘77p(f)(3)’’.
(4) DENIAL OF APPEAL.—If a final judgment
on the appeal under paragraph (1) is not issued
before the end of the period described in para-
graph (2), including any extension under para-
graph (3), the appeal shall be denied.
(d) EXCEPTION.—This section shall not apply to
any class action that solely involves—
(1) a claim concerning a covered security as
defined under section 16(f)(3) of the Securities
Act of 1933 (15 U.S.C. 78p(f)(3) 1) and section
28(f)(5)(E) of the Securities Exchange Act of
1934 (15 U.S.C. 78bb(f)(5)(E));
(2) a claim that relates to the internal af-
fairs or governance of a corporation or other
form of business enterprise and arises under or
by virtue of the laws of the State in which
such corporation or business enterprise is in-
corporated or organized; or
(3) a claim that relates to the rights, duties
(including fiduciary duties), and obligations
relating to or created by or pursuant to any
security (as defined under section 2(a)(1) of the
Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and
the regulations issued thereunder).
(Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119
Stat. 12; amended Pub. L. 111–16, § 6(2), May 7,
2009, 123 Stat. 1608; Pub. L. 112–63, title I,
§ 103(d)(2), Dec. 7, 2011, 125 Stat. 762.)
Editorial Notes
AMENDMENTS
2011—Subsec.
(b).
Pub.
L.
112–63
substituted
‘‘1446(c)(1)’’ for ‘‘1446(b)’’.
2009—Subsec. (c)(1). Pub. L. 111–16 substituted ‘‘not
more than 10 days’’ for ‘‘not less than 7 days’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–63 effective upon the expi-
ration of the 30-day period beginning on Dec. 7, 2011,
and applicable t
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