When may a defendant remove a case to federal court?

When may a defendant remove a case to federal court?

• A. Removal may be sought at any time, including after dismissal.
• B. Removal is permitted after a state court decision.
• C. Removal is allowed only if the case involves no federal issue.
• D. The case could have been brought originally in federal court, and removal is within 30 days after service.

Answer: (D)

Removal to federal court happens only when the case could have been filed in federal court from the start. In other words, if the federal court would have had original jurisdiction—whether a federal question or complete diversity with an appropriate amount in controversy—then a defendant may remove. The move must be made within 30 days after the defendant is served with the initial pleading or summons. If those conditions aren’t met within that window, removal generally isn’t allowed. So this option captures both the jurisdictional test (could have been brought originally in federal court) and the time limit (within 30 days after service).

Removal to federal court happens only when the case could have been filed in federal court from the start. In other words, if the federal court would have had original jurisdiction—whether a federal question or complete diversity with an appropriate amount in controversy—then a defendant may remove. The move must be made within 30 days after the defendant is served with the initial pleading or summons. If those conditions aren’t met within that window, removal generally isn’t allowed. So this option captures both the jurisdictional test (could have been brought originally in federal court) and the time limit (within 30 days after service).