A defendant must file a notice of removal within 30 days after receipt of the initial pleading through service, or within 30 days after receipt of a document first showing the case is removable.
Diversity removal is additionally barred more than one year after commencement absent bad faith.
Alternative Names:
Thirty-Day Removal Clock, Time to Remove
Why it Matters?
The clock runs from service rather than filing, and each defendant's period runs from its own service date, which requires tracking separately in multi-defendant cases. The later-triggered removal path is where the one-year diversity limit becomes decisive, since a case that becomes removable at month fourteen through dismissal of the non-diverse defendant cannot be removed absent a bad faith finding.
Frequently Confused with
Related terms
Frequently asked questions
When does the removal clock start?
What is the one-year limit?
