28 U.S.C. § 1447 | Procedure after removal generally

(a)

In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.

(b)

It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.

(c)

A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.

(d)

An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.

(e)

If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.

June 25, 1948, ch. 646 62 Stat. 939 May 24, 1949, ch. 139, § 84 63 Stat. 102 Pub. L. 88–352, title IX, § 901July 2, 196478 Stat. 266 Pub. L. 100–702, title X, § 1016(c)Nov. 19, 1988102 Stat. 4670 Pub. L. 102–198, § 10(b)Dec. 9, 1991105 Stat. 1626 Pub. L. 104–219, § 1Oct. 1, 1996110 Stat. 3022 Pub. L. 112–51, § 2(d)Nov. 9, 2011125 Stat. 546(, ; , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Act1948

Mar. 3, 1911, ch. 231 36 Stat. 1094–1098 Jan. 20, 1914, ch. 11 39 Stat. 278 Aug. 23, 1916, ch. 399 39 Stat. 532 Apr. 16, 1920, ch. 146 41 Stat. 554 Jan. 31, 1928, ch. 14, § 1 45 Stat. 54Based on title 28, U.S.C., 1940 ed., §§ 71, 72, 74, 76, 80, 81 and 83 (, §§ 28, 29, 31, 33, 37 and 38, ; , ; , ; , ; , ).

Section consolidates procedural provisions of sections 71, 72, 74, 76, 80, 81 and 83 of title 28, U.S.C., 1940 ed., with important changes in substance and phraseology.

section 1448 of this titleSubsection (a) is derived from sections 72, 76, 81 and 83 of title 28, U.S.C., 1940 ed. The remaining provisions of said section 83 are the basis of .

Subsection (b) is derived from sections 72, 74, 76 and 83 of title 28, U.S.C., 1940 ed., which have been rewritten to provide the utmost simplicity and flexibility of procedure in bringing the State court record to the district court.

Editorial Note.—[Subsecs. (c), (d) and (e) as originally revised and incorporated in this section read as follows:

“(c) It may order the pleadings recast and the parties realigned according to their real interest.

“(d) If any party fails to comply with its lawful orders, the district court may enter such further orders and judgments as justice requires.

“(e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case.”]

Subsections (c) and (d) are substituted for unnecessary and inconsistent procedural provisions.

Subsection (e) [now subsec. (c)] is derived from sections 71 and 80 of title 28, U.S.C., 1940 ed. Such subsection is rewritten to eliminate the cumbersome procedure of remand. Under this chapter as revised, the petition for removal under section 1446 of this chapter will be filed in the Federal court in the first instance and the right of removal determined in that court before the petition is granted.

section 80 of title 28 section 1359 of this title section 1919 of this titleThe provisions in , U.S.C., 1940 ed., relating to actions commenced in district courts, as distinguished from actions removed thereto, are incorporated in . Other provisions of said section 80 appear in .

Act1949

section 1447 of title 28This section strikes out subsections (c) and (d) of , U.S.C., as covered by the Federal Rules of Civil Procedure, and adds a new subsection to such section 1447 to remove any doubt that the former law as to the finality of an order of remand to a State court is continued. This section also amends renumbered subsection (c) to remove any doubt that the former law authorizing the district court upon remand to order payment of costs is continued.

Editorial Notes

Amendments

Pub. L. 112–512011—Subsec. (d). inserted “1442 or” before “1443”.

Pub. L. 104–2191996—Subsec. (c). substituted “any defect other than lack of subject matter jurisdiction” for “any defect in removal procedure” in first sentence.

Pub. L. 102–1981991—Subsec. (b). substituted “removing party” for “petitioner”.

Pub. L. 100–702, § 1016(c)(1)1988—Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case, and may order the payment of just costs. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case.”

Pub. L. 100–702, § 1016(c)(2)Subsec. (e). , added subsec. (e).

Pub. L. 88–3521964—Subsec. (d). , inserted exception provision.

May 24, 19491949—Subsec. (c). Act , § 84(a), struck out former subsecs. (c) and (d), renumbered former subsec. (e) to be subsec. (c) and inserted at end of first sentence of new subsec. (c) “and may order the payment of just costs”.

May 24, 1949Subsec. (d). Act , § 84(b), added subsec. (d).

Statutory Notes and Related Subsidiaries

Exception to Subsection (d)

Act Aug. 4, 1947, ch. 458, § 3(c)61 Stat. 732 act Apr. 12, 1926, ch. 115 44 Stat. 239 section 355 of Title 25, , provides in part that the United States shall have the right to appeal from any order of remand entered in any case removed to a United States district court pursuant to the provisions of , . These acts referred to herein relate to restrictions on land of the Five Civilized Tribes of Oklahoma and are set out as notes under , Indians.