---
title: "Removal"
type: Legal Term
source: https://casebriefly.com/legal-terms/removal
---

# Removal

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.

## Related Terms

- remand
- federal-question-jurisdiction
- diversity-jurisdiction

## Related Cases

- caterpillar-inc-v-williams

## 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.

---
Source: [Removal — CaseBriefly](https://casebriefly.com/legal-terms/removal)