Removal: General Requirements

Defendants may remove a case from state to federal court if the federal court has original jurisdiction and all properly served defendants consent.

Related Jurisdiction & Venue rules

• Complete Diversity at FilingComplete diversity requires that no plaintiff share state citizenship with any defendant, and citizenship is…
• Amount in ControversyThe amount in controversy must exceed $75,000 based on a good-faith allegation unless it is legally certain the claim…
• Citizenship of IndividualsAn individual is a citizen of the state of their domicile—physical presence plus intent to remain indefinitely.
• Citizenship of CorporationsA corporation is a citizen of both its state of incorporation and the state of its principal place of business.
• Citizenship of Partnerships & LLCsAn unincorporated association is a citizen of every state in which any member is a citizen.
• Supplemental Jurisdiction (Same Case or Controversy)Supplemental jurisdiction exists when the claim forms part of the same case or controversy—arising from a common…
• Supplemental Jurisdiction Limitation (Diversity Cases)In diversity cases, plaintiffs cannot use supplemental jurisdiction to defeat complete diversity or add new parties…
• Removal: Forum Defendant RuleA diversity case cannot be removed if any properly joined and served defendant is a citizen of the forum state.

Part of Civil Procedure on Core Legal Rules — foundational MBE-tested principles with primary-source citations.