The notice must be filed within thirty days of service of the initial pleading, or within thirty days of receiving a paper first showing removability. All properly served defendants must join or consent.
A one-year outer limit applies to diversity removals.
Alternative Names:
Removal Notice|Petition for Removal
Why it Matters?
The thirty-day clock runs from receipt of a paper affirmatively showing removability, which means an ambiguous complaint does not start it and a later discovery response revealing the amount does. That rule permits removal well after filing where the initial pleading was silent. The one-year outer limit for diversity cases applies unless the plaintiff acted in bad faith to prevent removal, which is a narrow exception.
Frequently Confused with
Related terms
Frequently asked questions
When does the thirty-day clock start?
Does the one-year limit always apply?
