Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 89 — District Courts; Removal of Cases from State Courts
§ 1447. Procedure after removal generally
Statutory text
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.
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1447
June 25, 1948, ch. 646, 62 Stat. 939
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 939Public Law not identified
Struck and inserted · 28 U.S.C. § 1447(c)
Subsec. (c). Act May 24, 1949, § 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”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act May 24, 1949, § 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”.Public Law not identified
Added · 28 U.S.C. § 1447(d)
Subsec. (d). Act May 24, 1949, § 84(b), added subsec. (d)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (d). Act May 24, 1949, § 84(b), added subsec. (d).Civil Rights Act of 1964
Pub. L. 88–352 title IX § 901 · 78 Stat. 241
Inserted · 28 U.S.C. § 1447(d)
Pub. L. 88–352, inserted exception provision
Source evidence
Code amendment note
Subsec. (d). Pub. L. 88–352, inserted exception provision.Enacted provision · exact public law section
Sec. 901. Title 28 of the United States Code, section 1447(d), is amended to read as follows: “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.”Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 1016(c)(1) · 102 Stat. 4642
Amended · 28 U.S.C. § 1447(c)
Pub. L. 100–702, § 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–702, § 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.”Enacted provision · exact public law section
(1) by amending subsection (c) to read as follows: “(c) A motion to remand the case on the basis of any defect in removal procedure 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.”; andJudicial Improvements and Access to Justice Act
Pub. L. 100–702 § 1016(c)(2) · 102 Stat. 4642
Added · 28 U.S.C. § 1447(e)
Pub. L. 100–702, § 1016(c)(2), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 100–702, § 1016(c)(2), added subsec. (e).Enacted provision · exact public law section
(2) by adding at the end thereof the following new subsection: “(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.”.Pub. L. 102–198 § 10(b) · 105 Stat. 1623
Substituted · 28 U.S.C. § 1447(b)
Pub. L. 102–198 substituted “removing party” for “petitioner”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–198 substituted “removing party” for “petitioner”.Enacted provision · exact public law section
(b) Procedure After Removal Generally.— Section 1447(b) of title 28, United States Code, is amended by striking “petitioner” and inserting “removing party”.Pub. L. 104–219 § 1 · 110 Stat. 3022
Substituted · 28 U.S.C. § 1447(c)
Pub. L. 104–219 substituted “any defect other than lack of subject matter jurisdiction” for “any defect in removal procedure” in first sentence
Source evidence
Code amendment note
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.Enacted provision · exact public law section
SECTION 1. REMOVAL. The first sentence of section 1447(c) of title 28, United States Code, is amended by striking “any defect in removal procedure” and inserting “any defect other than lack of subject matter jurisdiction”.Removal Clarification Act of 2011
Pub. L. 112–51 § 2(d) · 125 Stat. 546
Inserted · 28 U.S.C. § 1447(d)
Pub. L. 112–51 inserted “1442 or” before “1443”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–51 inserted “1442 or” before “1443”.Enacted provision · exact public law section
(d) Reviewability on Appeal.— Section 1447(d) of title 28, United States Code, is amended by inserting “1442 or” before “1443”.
6 of 9 references resolved to an enrolled provision · 1 partial · 2 unresolved
Notes
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§ 71, 72, 74, 76, 80, 81 and 83 (Mar. 3, 1911, ch. 231, §§ 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, § 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.
Editorial Notes
Amendments1949–2011 · 6 rounds
2011
Subsec. (d). Pub. L. 112–51 inserted “1442 or” before “1443”.
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, § 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, § 1016(c)(2), added subsec. (e).
1964
Subsec. (d). Pub. L. 88–352, inserted exception provision.
1949
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”.
Subsec. (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, 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.
Credits
1948–2011 · 7 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 939
- 1949May 24, 1949, ch. 139, § 84, 63 Stat. 102
- 1964Pub. L. 88–352, title IX, § 901, , 78 Stat. 266
- 1988Pub. L. 100–702, title X, § 1016(c), , 102 Stat. 4670
- 1991Pub. L. 102–198, § 10(b), , 105 Stat. 1626
- 1996Pub. L. 104–219, § 1, , 110 Stat. 3022
- 2011Pub. L. 112–51, § 2(d), , 125 Stat. 546.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, § 84, 63 Stat. 102; Pub. L. 88–352, title IX, § 901, , 78 Stat. 266; Pub. L. 100–702, title X, § 1016(c), , 102 Stat. 4670; Pub. L. 102–198, § 10(b), , 105 Stat. 1626; Pub. L. 104–219, § 1, , 110 Stat. 3022; Pub. L. 112–51, § 2(d), , 125 Stat. 546.)