Chapter 27-6 Remand
| Jurisdiction | United States |
27-6 Remand
A motion to remand the case based on any defect other than lack of subject matter jurisdiction must be made within 30 days of the filing of the notice of removal.94 Failure to file the motion within 30 days waives all procedural defects in removal. The prudent plaintiff will assume that procedural defects include the presence of a forum state (but not diversity destroying) defendant, removal to the wrong district or division, untimely removal, and lack of unanimity of consent amongst the...
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