Jurisdiction, Venue, and Forum
Removal and Remand
A plaintiff may move to remand a removed case. Motions based on procedural defects must be filed within thirty days of removal, while motions asserting lack of subject-matter jurisdiction may be made at any time.
An order remanding for lack of jurisdiction or procedural defect is generally not reviewable on appeal.
Alternative Names:
Remand to State Court, Motion to Remand
Why it Matters?
The asymmetry in appealability is what makes removal decisions consequential: a defendant who removes improperly and is remanded generally has no appellate recourse, while remand denials can be revisited later. That argues for removing only where the jurisdictional basis is solid and documented, particularly on amount in controversy, which is frequently the contested element in cases where the complaint pleads no specific damages.
Frequently Confused with
Related terms
Frequently asked questions
Can a remand order be appealed?
How long does a plaintiff have to seek remand?
