Becca´s Law Corner

Category: civil

Removing a Case to Federal Court: Time to File Memo of Lawsuit

If you're involved in a civil lawsuit and want to move it from state to federal court, there are specific timely steps you must take. This process is known as "removal" or "federal jurisdiction".

Time Limit

The time limit to file a motion for removal is usually within 3 days after receiving service of the complaint or summons. It's important to act quickly and diligently within this time frame, as failing to do so may result in losing your right to have the case heard in federal court.


Once you have decided to remove the case to federal court, you must file a written motion with the state court where the lawsuit was filed. In your motion, you must provide arguments why the case should be removed based on the jurisdictional grounds provided under federal law. Additionally, you must also file a copy of the complaint and any other relevant documents with the federal court you wish to have the case transferred to. Upon receipt of your motion, the state court will typically issue a ruling either granting or denying the request for removal.


If the state court denies your motion, you may have the option to appeal their decision within a certain time frame. Alternatively, you may choose to continue litigating the case in state court. However, if the motion is granted, the case will be removed to federal court and proceed according to its rules and procedures. It's important to carefully follow these procedures and ensure that all deadlines are met in order to effectively pursue your legal rights and remedies. Remember, it's always advisable to consult with a qualified attorney who specializes in federal civil litigation to help guide you through this complex process.

Posted Fr 17 März 2023 by Becca in civil