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28 U.S.C. § 1447 — Procedure after removal generally
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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Stable record: federal_law:legal_authorities:record_usc_d2848e2c1bdf0abda229a34b
Source file: Laws/federal/codes/united-states-code/title-28/section-1447-procedure-after-removal-generally--3ffd2d00b0.md
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Source location: Title 28, Chapter 89, § 1447; chapter-089-district-courts-removal-of-cases-from-state-courts.md
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**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1448
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Federal law — U.S. Code and appendices · legal_authorities
Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1919
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Federal law — U.S. Code and appendices · legal_authorities
The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 355
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Federal law — U.S. Code and appendices · legal_authorities
A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1359
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 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 action.
**(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.
(B) 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 thirty days after receipt by the de
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1446
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Federal law — U.S. Code and appendices · legal_authorities
Page 402
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1447
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.’’
Subsec. (g). Pub. L. 112–63, § 104, substituted ‘‘sub-
section (b) of this section and paragraph (1) of section
1455(b)’’ for ‘‘subsections (b) and (c)’’.
Pub. L. 112–51 added subsec. (g).
1996—Subsec. (c)(1). Pub. L. 104–317 substituted ‘‘de-
fendant or defendants’’ for ‘‘petitioner’’.
1994—Subsec. (f). Pub. L. 103–465 added subsec. (f).
1991—Subsec. (c)(1). Pub. L. 102–198, § 10(a)(1), (4), sub-
stituted ‘‘notice of’’ for ‘‘petition for’’ and ‘‘the notice’’
for ‘‘the petition’’.
Subsec. (c)(2). Pub. L. 102–198, § 10(a)(1), (4), sub-
stituted ‘‘notice of’’ for ‘‘petition for’’ and substituted
‘‘notice’’ for ‘‘petition’’ in three places.
Subsec. (c)(3). Pub. L. 102–198, § 10(a)(1), (2), sub-
stituted ‘‘notice of’’ for ‘‘petition for’’ and ‘‘prosecution
is first remanded’’ for ‘‘petition is first denied’’.
Subsec. (c)(4), (5). Pub. L. 102–198, § 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 prompt-
ly. If it clearly appears on the face of the petition and
any exhibits annexed thereto that the petition for re-
moval 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
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1447
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