Civil Procedure Multistate Bar Practice Exam

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What time limit applies for a defendant to file for removal after receiving notice?

14 days
30 days
60 days
90 days

The correct answer is: 30 days

The correct answer is based on the requirements set forth in 28 U.S.C. § 1446 regarding the removal of a civil action from state court to federal court. According to this statute, a defendant has 30 days to file a notice of removal after receiving the initial pleading or summons. This time limit is strict and is designed to ensure that defendants act promptly when seeking to transfer a case from state to federal jurisdiction. If the defendant does not file for removal within this timeframe, they typically waive their right to seek removal, and the case will remain in state court. It is essential for defendants to be aware of this time constraint to effectively exercise their rights under federal removal statutes. The other time limits, such as 14 days, 60 days, and 90 days, do not correctly reflect the statutory guidance for removal actions and thus are not applicable in this context.