Removing a Lawsuit to Federal Court

The vast majority of lawsuits are heard in state courts.  Indeed, only certain types of lawsuits can be litigated in federal courts, and state courts hear all of the remaining types legal disputes.  However, even after a lawsuit has been filed in state court, the defendant has the opportunity to remove that litigation to federal court in certain circumstances.  Nevertheless, removing a lawsuit to federal court can only be done in a limited number of situations.

Jurisdiction in Federal Court

Removing a lawsuit to federal court can only be accomplished if a federal court has jurisdiction over the subject matter of the lawsuit.  Federal courts generally have jurisdiction over lawsuits that involve the federal constitution and federal statutes.  In addition, federal courts may also have jurisdiction over lawsuits that involve citizens of different states where the amount involved in the lawsuit equals or exceeds $75,000.  In addition, federal courts may also have jurisdiction over supplemental claims that involve the same common facts as claims that can be heard in federal court.  There are many nuances to the grounds for filing a case in federal court, so every litigant thinking about removing a lawsuit to federal court should speak with an experienced attorney to see if this is a viable strategy for their lawsuit.

Time Period

Another important consideration to keep in mind when removing a lawsuit to federal court is the deadline with which a party must remove the case.  Generally, a party only has 30 days to remove a case to federal court from when they first learn that the case is removable to federal court.  This time period ordinarily cannot be extended, so even though counsel may give a defendant more time to answer the complaint, this most likely has no effect on extending the deadline for removing a case to federal court.  As a result of the relatively short timeframe involved with removing a lawsuit to federal court, it is important that parties speak with counsel immediately after being served with legal papers to make sure that all options are preserved.

Federal Court Admissions

Another important part of removing a lawsuit to federal court is using an attorney that is admitted in federal court.  In order for a lawyer to handle matters in federal court, including removing a case to federal court, they need to be separately admitted to the federal court in which the case will be removed.  This admissions process is separate and distinct from the ability to practice law in a given state, which is typically overseen by state bar authorities.  In addition, many states have more than one federal district, and being admitted in one federal district does not ordinarily allow an attorney to appear in cases for the other federal districts in that state.  As a result, an attorney needs to be separately admitted to all of the federal districts in which he or she hopes to practice.  An experienced attorney can help parties determine which federal court encompasses the geographic area a state court lawsuit is filed in, and should explain whether they are admitted or can gain admission to this court to handle the matter.

Notice of Removal

An important part of the process of removing a lawsuit to federal court is filing the notice of removal.  This document states that the case is being removed to federal court and briefly lists the grounds upon which the case can properly be heard in federal court.  Generally, the notice of removal is first filed in the federal court to which a lawsuit is removed, and is filed in the state court shortly thereafter.  In addition, a defendant seeking to remove a case must also serve the notice of removal on all of the parties that are then joined in the action.

Remand

Another part of the process of removing a lawsuit to federal court is the possibility of the case being remanded back to state court.  Sometimes, a federal court may not think that there are in fact grounds to remove a case to federal court, either because the amount in controversy in the case is too little, or a number of other reasons.  A party may file a motion for remand seeking to have a case returned to a state court, or a judge may on its own initiative order that a lawsuit be heard in state court.

Complications with Removal

It is important to know that removing a lawsuit to federal court may not be a straightforward process in some situations. For instance, if there are multiple defendants to a case, all of them generally must agree to remove the matter to federal court or else it will remain in state court.  In addition, if a party is brought into a lawsuit at a later point in the case, they can still attempt to remove a case and parties that previously did not remove the case to federal court can consent to the removal.  There are a number of other nuanced issues surrounding removal and other matters involving litigation in federal court.

The Rothman Law Firm is experienced with removing cases to federal court and we have handled many types of cases in federal court.  If you are looking for an experienced New York and New Jersey lawyer to handle your federal case or other legal issue, please feel free to contact The Rothman Law Firm to request a free legal consultation.