Jurisdiction, Venue, and Forum
Removal and Remand
The practice relies on the forum defendant rule's properly joined and served language, removing before service is effected on the in-state defendant. Several circuits have permitted it on the statute's plain text.
District courts have divided.
Alternative Names:
Pre-Service Removal|Wire Removal
Why it Matters?
Docket monitoring makes the practice possible, since removal must occur in the window between filing and service on the forum defendant, which requires learning of the complaint before the plaintiff serves it. Several circuits have endorsed the plain text reading while criticism continues, and district courts within permitting circuits still divide. Confirming the local position before attempting it is necessary.
Frequently Confused with
Related terms
Frequently asked questions
What makes snap removal possible?
Is the practice uniformly permitted?
