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169 U.S. 92.) In addition, this amendment clarifies the intent of section 1446(e) of title 28, U.S.C., to indicate that notice need not be given simultaneously with the filing, but may be given promptly thereafter. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsecs. (a) and (f), are set out in the Appendix to this title. Section 337 of the Tariff Act of 1930, referred to in subsec. (f), is classified to section 1337 of Title 19, Customs Duties. -MISC2- AMENDMENTS 1996 - Subsec. (c)(1). Pub. L. 104-317 substituted "defendant or defendants" for "petitioner". 1994 - Subsec. (f). Pub. L. 103-465 added subsec. (f). 1991 - Subsec. (c)(1). Pub. L. 102-198, Sec. 10(a)(1), (4), substituted "notice of" for "petition for" and "the notice" for "the petition". Subsec. (c)(2). Pub. L. 102-198, Sec. 10(a)(1), (4), substituted "notice of" for "petition for" and substituted "notice" for "petition" in three places. Subsec. (c)(3). Pub. L. 102-198, Sec. 10(a)(1), (2), substituted "notice of" for "petition for" and "prosecution is first remanded" for "petition is first denied". Subsec. (c)(4), (5). Pub. L. 102-198, Sec. 10(a)(3), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows: "(4) The United States district court to which such petition is directed shall examine the petition promptly. If it clearly appears on the face of the petition and any exhibits annexed thereto that the petition for removal should not be granted, the court shall make an order for its summary dismissal. "(5) If the United States district court does not order the summary dismissal of such petition, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the petition as justice shall require. If the United States district court determines that such petition shall be granted, it shall so notify the State court in which prosecution is pending, which shall proceed no further." Subsec. (d). Pub. L. 102-198, Sec. 10(a)(1), (4), (5), substituted "notice of removal" for "petition for the removal", struck out "and bond" after "civil action", and substituted "notice with" for "petition with". 1988 - Subsec. (a). Pub. L. 100-702, Sec. 1016(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a verified petition containing a short and plain statement of the facts which entitle him or them to removal together with a copy of all process, pleadings and orders served upon him or them in such action." Subsec. (b). Pub. L. 100-702, Sec. 1016(b)(2), substituted "notice of removal" for "petition for removal" in two places and inserted before period at end of second par. ", except that a case may not be removed on the basis of jurisdiction conferred by section 1332 of this title more than 1 year after commencement of the action". Subsecs. (d) to (f). Pub. L. 100-702, Sec. 1016(b)(3), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows: "Each petition for removal of a civil action or proceeding, except a petition in behalf of the United States, shall be accompanied by a bond with good and sufficient surety conditioned that the defendant or defendants will pay all costs and disbursements incurred by reason of the removal proceedings should it be determined that the case was not removable or was improperly removed." 1977 - Subsec. (c). Pub. L. 95-78, Sec. 3(a), designated existing provisions as par. (1), set a period of 30 days as the maximum allowable time prior to commencement of trial and following arraignment during which time a petition for removal can be filed, provided for the grant of additional time for good cause shown, and added pars. (2) to (5). Subsec. (e). Pub. L. 95-78, Sec. 3(b), inserted "for the removal of a civil action" after "filing of such petition". 1965 - Subsec. (b). Pub. L. 89-215 substituted "thirty days" for "twenty days" wherever appearing. 1949 - Subsec. (b). Act May 24, 1949, Sec. 83(a), provided that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading, and provided that the petition for removal shall be filed within 20 days after the service of summons. Subsec. (e). Act May 24, 1949, Sec. 83(b), indicated that notice need not be given simultaneously with the filing, but may be made promptly thereafter. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-465 applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after such date, see section 322 of Pub. L. 103-465, set out as a note under section 1337 of Title 19. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-78 effective Oct. 1, 1977, see section 4 of Pub. L. 95-78, set out as an Effective Date of Pub. L. 95-78 note under section 3771 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1441, 1447 of this title; title 19 section 3473; title 22 sections 283gg, 290i-7, 290k-9, 290m; title 25 sections 487, 610c, 642, 670; title 42 sections 2210, 14616. -End- -CITE- 28 USC Sec. 1447 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1447. Procedure after removal generally -STATUTE- (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 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, Sec. 84, 63 Stat. 102; Pub. L. 88-352, title IX, Sec. 901, July 2, 1964, 78 Stat. 266; Pub. L. 100-702, title X, Sec. 1016(c), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 102-198, Sec. 10(b), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 104-219, Sec. 1, Oct. 1, 1996, 110 Stat. 3022.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Secs. 71, 72, 74, 76, 80, 81 and 83 (Mar. 3, 1911, ch. 231, Secs. 28, 29, 31, 33, 37 and 38, 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, Sec. 1, 45 Stat. 54). 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. Subsection (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 section 1448 of this title. 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. The provisions in section 80 of title 28, U.S.C., 1940 ed., relating to actions commenced in district courts, as distinguished from actions removed thereto, are incorporated in section 1359 of this title. Other provisions of said section 80 appear in section 1919 of this title. 1949 ACT This section strikes out subsections (c) and (d) of section 1447 of title 28, 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. AMENDMENTS 1996 - Subsec. (c). Pub. L. 104-219 substituted "any defect other than lack of subject matter jurisdiction" for "any defect in removal procedure" in first sentence. 1991 - Subsec. (b). Pub. L. 102-198 substituted "removing party" for "petitioner". 1988 - Subsec. (c). Pub. L. 100-702, Sec. 1016(c)(1), 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." Subsec. (e). Pub. L. 100-702, Sec. 1016(c)(2), added subsec. (e). 1964 - Subsec. (d). Pub. L. 88-352, inserted exception provision. 1949 - Subsec. (c). Act May 24, 1949, Sec. 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". Subsec. (d). Act May 24, 1949, Sec. 84(b), added subsec. (d). EXCEPTION TO SUBSECTION (D) Act Aug. 4, 1947, ch. 458, Sec. 3(c), 61 Stat. 732, 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 act Apr. 12, 1926, ch. 115, 44 Stat. 239. These acts referred to herein relate to restrictions on land of the Five Civilized Tribes of Oklahoma and are set out as notes under section 355 of Title 25, Indians. -End- -CITE- 28 USC Sec. 1448 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1448. Process after removal -STATUTE- In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court. This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 940.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 83 (Apr. 16, 1920, ch. 146, 41 Stat. 554). Words "district court of the United States" were substituted for "United States Court," because only the district courts now possess jurisdiction over removed civil and criminal cases. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1449 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1449. State court record supplied -STATUTE- Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 940; May 24, 1949, ch. 139, Sec. 85, 63 Stat. 102.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Sec. 78 (Mar. 3, 1911, ch. 231, Sec. 35, 36 Stat. 1098). Changes were made in phraseology. 1949 ACT This section corrects a typographical error by eliminating from section 1449 of title 28, U.S.C., the words "any attachment or sequestration of the", which had been inadvertently included, and inserting in lieu thereof the words, "and the clerk of such State court, upon". AMENDMENTS 1949 - Act May 24, 1949, substituted "and the clerk of such State court, upon" for "any attachment or sequestration of the". -End- -CITE- 28 USC Sec. 1450 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1450. Attachment or sequestration; securities -STATUTE- Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court. All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwithstanding such removal. 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 940.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 79 (Mar. 3, 1911, ch. 231, Sec. 36, 36 Stat. 1098). Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1451 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1451. Definitions -STATUTE- For purposes of this chapter - (1) The term "State court" includes the Superior Court of the District of Columbia. (2) The term "State" includes the District of Columbia. -SOURCE- (Added Pub. L. 91-358, title I, Sec. 172(d)(1), July 29, 1970, 84 Stat. 591.) -MISC1- EFFECTIVE DATE Section effective first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91-358, set out as an Effective Date of 1970 Amendment note under section 1257 of this title. -End- -CITE- 28 USC Sec. 1452 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1452. Removal of claims related to bankruptcy cases -STATUTE- (a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title. -SOURCE- (Added Pub. L. 98-353, title I, Sec. 103(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 101-650, title III, Sec. 309(c), Dec. 1, 1990, 104 Stat. 5113.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-650 inserted before period at end "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title". EFFECTIVE DATE Section effective July 10, 1984, see section 122(a) of Pub. L. 98-353, set out as a note under section 151 of this title. -End- -CITE- 28 USC [CHAPTER 90 - OMITTED] 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE [CHAPTER 90 - OMITTED] -HEAD- [CHAPTER 90 - OMITTED] -COD- CODIFICATION Chapter 90, consisting of sections 1471 to 1482, which was added by Pub. L. 95-598, title II, Sec. 241(a), Nov. 6, 1978, 92 Stat. 2668, and which related to district courts and bankruptcy courts, did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -MISC1- TRANSITION TO NEW COURT SYSTEM Pub. L. 95-598, title IV, Sec. 409, Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98-249, Sec. 1(d), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98-271, Sec. 1(d), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98-299, Sec. 1(d), May 25, 1984, 98 Stat. 214; Pub. L. 98-325, Sec. 1(d), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, title I, Sec. 121(d), July 10, 1984, 98 Stat. 346, which provided for transfer to the new court system of cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11] pending at the end of Sept. 30, 1983, in the courts of bankruptcy continued under section 404(a) of Pub. L. 95-598, with certain exceptions, and cases and proceedings arising under or related to cases under Title 11 pending at the end of July 9, 1984, and directed that civil actions pending on July 9, 1984, over which a bankruptcy court had jurisdiction on July 9, 1984, not abate, but continuation of such actions not finally determined before Apr. 1, 1985, be removed to a bankruptcy court under this chapter, and that all law books, publications, etc., furnished bankruptcy judges as of July 9, 1984, be transferred to the United States bankruptcy courts under the supervision of the Director of the Administrative Office of the United States Courts, was repealed by Pub. L. 98-353, title I, Sec. 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. -End- -CITE- 28 USC CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS -HEAD- CHAPTER 91 - UNITED STATES COURT OF FEDERAL CLAIMS -MISC1- Sec. 1491. Claims against United States generally; actions involving Tennessee Valley Authority. 1492. Congressional reference cases. [1493. Repealed.] 1494. Accounts of officers, agents or contractors. 1495. Damages for unjust conviction and imprisonment; claim against United States. 1496. Disbursing officers' claims. 1497. Oyster growers' damages from dredging operations. 1498. Patent and copyright cases. 1499. Liquidated damages withheld from contractors under Contract Work Hours and Safety Standards Act. 1500. Pendency of claims in other courts. 1501. Pensions. 1502. Treaty cases. 1503. Set-offs. [1504. Repealed.] 1505. Indian claims. [1506. Repealed.] 1507. Jurisdiction for certain declaratory judgments. 1508. Jurisdiction for certain partnership proceedings. 1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties. HISTORICAL AND REVISION NOTES 1949 ACT This section inserts in the analysis of chapter 91 of title 28, U.S.C., item 1505, corresponding to new section 1505. AMENDMENTS 1992 -

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