Jurisdiction, Venue, and Forum

Removal and Remand

Unanimity Requirement

Unanimity Requirement

Unanimity Requirement

All defendants properly joined and served must consent to removal. Exceptions cover nominal parties, fraudulently joined defendants, and separate and independent federal claims.

Consent must be expressed within the removal period.

Alternative Names:

Rule of Unanimity|Unanimous Consent Requirement

Why it Matters?

Consent must be timely and in writing from each defendant or their counsel, and a notice stating that all defendants consent without their individual expression has been held insufficient in some districts. Obtaining written consent from every co-defendant within the thirty-day window is the coordination task, and a single unreached defendant defeats removal. CAFA removals are exempt from the requirement.

Frequently asked questions

What form must consent take?

Which removals are exempt?