Civil Procedure
Removal
Definition
Removal is the procedural mechanism by which a defendant transfers a case from state court to federal court. Under 28 U.S.C. Section 1441, a defendant may remove any civil action over which the federal court would have original jurisdiction. In diversity cases, there is a forum-defendant rule: removal is not permitted if any properly joined defendant is a citizen of the state in which the action was filed. Removal must be filed within 30 days of service of the complaint.
Example
A plaintiff sues in state court alleging federal civil rights violations. The defendant removes to federal court because the claim arises under federal law.