removal

Removal refers to the power of defendants in some state civil suits to move a case to federal court . Generally, if the case could have been brought in federal court (i.e., there is federal question jurisdiction or diversity jurisdiction ), a defendant may demand that the case be moved, or “removed,” to federal court under 28 USC 1441 .

Despite this general rule, there are exceptions where removal is not permitted. See 28 USC 1441(b) , 28 USC 1445 . For example, under 28 USC 1441(b ), removal is restricted in cases involving certain in-state defendants. 28 USC 1445 outlines specific types of cases, such as workers’ compensation claims , that cannot be removed to federal court.

Conversely, there are particular instances where removal is allowed even if the typical jurisdictional requirements are not met. See 28 USC 1442 , 28 USC 1443 . For instance, 28 USC 1442 permits removal for federal officers or agencies that are sued or prosecuted , and 28 USC 1443 allows for removal in cases involving civil rights violations.

Removal can also refer to the process of taking a public official out of office, often through legal or legislative means, due to misconduct , incapacity , or other reasons deemed sufficient by the governing laws or regulations.

[Last reviewed in June of 2024 by the Wex Definitions Team ]

Wex

• THE LEGAL PROCESS
• courts
• wex definitions
• civil procedure
• courts and procedure