Jurisdiction, Venue, and Forum
Removal and Remand
Section 1441(b)(2) prohibits removal on diversity grounds where any properly joined and served defendant is a citizen of the state where the action was brought. The rule is procedural rather than jurisdictional.
The properly joined and served language enables snap removal.
Alternative Names:
Local Defendant Rule|Resident Defendant Rule
Why it Matters?
The rule is procedural and therefore waivable, which means a remand motion based on it must be filed within thirty days or the defect is forfeited, unlike jurisdictional defects raisable at any time. That deadline is the defense's protection where a forum defendant removal was arguably improper. The properly served language has also produced the snap removal practice several circuits have permitted.
Frequently Confused with
Related terms
Frequently asked questions
Is the rule jurisdictional?
What is the practical protection?
