You are here

What are the requirements for removing a case from state court?

Type: 
Common FAQ
Answer: 

Removal of cases from the state courts is governed by U.S.C. 28 §1441, et seq. The procedure for removal is found in §1446. The pleading for removing a case from the state court is called a Notice of Removal.

Click here for Notice of Removal fee.

Pursuant to §1446(a) the Notice of Removal must contain a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon the party removing the action. This is known as the Notice of Removal Package.

An original plus one copy of the Notice of Removal Package is required. The Clerk's Office will retain the original for the case file and send a copy to the judge. If you want a file-stamped copy for your records, submit an additional copy and a self-addressed, postage-paid envelope.