Chapter 5 Civ Pro

18 terms by Mamaasha

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1441a

Equal access - the D should only be entitled to remove if the case as pleaded by the P could have been filed in fed court initially

1446(b)para 1

If case is removable, the D's must remove it within 30 days of receiving complaint.

1291

Generally parties in fed cases may only appeal from final decisions of the district courts - all parties' objections to trial court's rulings will be resolved in one appeal

1291(a)(1)

exception to the general rule (1291) - allows interlocutory appeals (an immediate appeal even if trial is pending in court)

1441

Removal

1446(b)(1)

Remand

41(a)

a party is entitled to voluntarily dismiss a case without leave of court before the D responds to the complaint

1441(b)

prevents removal of a diversity case is any D is "a citizen of the State in which such action is brought".

1446(d)

once case is removed, state court loses all power over it "state court shall proceed no further unless and until the case is remanded"

1450

"all injunctions, orders and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court"

41a

allows manipulation of the system?

1442

removal for federal officers

1441d

removal of cases against foreign states

1441e

removal of certain multi-party accident cases

1443

certain civil rights cases

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