Civil Procedure Multistate Bar Practice Exam

What is the time frame for a defendant to file for removal?

1. Within 20 days of service

2. Within 30 days after the case becomes removable

3. Within 10 days of the trial date

4. Within 60 days post-service of process

The correct answer is: Within 30 days after the case becomes removable

The timeframe for a defendant to file a notice of removal to federal court is within 30 days after the case becomes removable. This principle is outlined in 28 U.S.C. § 1446(b)(1). A case typically becomes removable when the defendant receives an initial pleading or summons that indicates the case is removable due to diversity of citizenship or a federal question. The reasoning behind this 30-day period is to ensure timely action by defendants, allowing them to remove cases to federal court without undue delay, especially when federal jurisdiction is proper. This timeframe is crucial because it balances the interests of plaintiffs, who may seek to have their cases resolved in their chosen forum, with defendants' rights to remove cases that meet federal jurisdictional standards. While options regarding shorter or longer timeframes may seem reasonable, they do not align with the statutory requirements. By adhering to the specific 30-day limit after removal eligibility, the process remains systematic and predictable.