District court — civil · Pleadings
Notice of Removal
Removes a case from state court to federal court.
Filed by: Defendant
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Short and plain statement of the grounds for removal (28 U.S.C. § 1446(a))
- Copies of all process, pleadings and orders served on the defendant (§ 1446(a))
- Consent of all properly joined and served defendants for removal under § 1441(a) (§ 1446(b)(2)(A))
- Civil cover sheet and fee
- Prompt written notice to adverse parties and a copy filed with the state court clerk (§ 1446(d))
- Signature of attorney of record with address, email and phone (FRCP 11(a))
- Disclosure statement (FRCP 7.1)
Deadline and length
Deadline: Within 30 days after the defendant receives the initial pleading or summons (§ 1446(b)(1)); diversity cases may not be removed more than 1 year after commencement except for bad faith (§ 1446(c)(1)).
Governing rules
- 28 U.S.C. § 1441
- 28 U.S.C. § 1446
- FRCP 11
- FRCP 81(c)
Check the local rules for
- Required attachments (state-court docket, pending motions)
- Electronic-filing procedures (PDF format, file size, exhibits)
Applies in federal district courts. Find your court for its local requirements.
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Track the deadline, service and filing checklist alongside the rest of the matter.