Sec. 103. REMOVAL AND REMAND PROCEDURES
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## SEC. 103 REMOVAL AND REMAND PROCEDURES ###
(a)Actions Removable Generally Section 1441 of title 28, United States Code, is amended as follows: ####
(1)The section heading is amended by striking “Actions removable generally” and inserting “Removal of civil actions”. ####
(2)Subsection
(a)is amended— #####
(A)by striking “(a) Except” and inserting “(a) Generally.—Except”; and #####
(B)by striking the last sentence; ####
(3)Subsection
(b)is amended to read as follows: > > ### “(b) Removal Based on Diversity of Citizenship > > > ####
(1)> > In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title, the citizenship of defendants sued under fictitious names shall be disregarded. > > > #### “(2) > > A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” > . ####
(4)Subsection
(c)is amended to read as follows: > > ### “(c) Joinder of Federal Law Claims and State Law Claims > > > ####
(1)> > If a civil action includes— > > > ##### “(A) > > a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title), and > > > ##### “(B) > > a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, > > the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B). > > > #### “(2) > > Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1).” > . ####
(5)Subsection
(d)is amended by striking “(d) Any” and inserting “(d) Actions Against Foreign States.—Any”. ####
(6)Subsection
(e)is amended by striking “(e)(1) Notwithstanding” and inserting “(e) Multiparty, Multiforum Jurisdiction.—(1) Notwithstanding”. ####
(7)Subsection
(f)is amended by striking “(f) The court” and inserting “(f) Derivative Removal Jurisdiction.—The court”. ###
(b)Procedure for Removal of Civil Actions Section 1446 of title 28, United States Code, is amended as follows: ####
(1)The section heading is amended to read as follows: > > ## “SEC. 1446 Procedure for removal of civil actions” > . ####
(2)Subsection
(a)is amended— #####
(A)by striking “(a) A defendant” and inserting “(a) Generally.—A defendant”; and #####
(B)by striking “or criminal prosecution”. ####
(3)Subsection
(b)is amended— #####
(A)by striking “(b) The notice” and inserting “(b) Requirements; Generally.—(1) The notice”; and #####
(B)by striking the second paragraph and inserting the following: > > #### “(2) > > > #####
(A)> > When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action. > > > ##### “(B) > > Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph
(1)to file the notice of removal. > > > ##### “(C) > > If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal. > > > #### “(3) > > Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” > ; #####
(C)by striking subsection
(c)and inserting the following: > > ### “(c) Requirements; Removal Based on Diversity of Citizenship > > > ####
(1)> > A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action. > > > #### “(2) > > If removal of a civil action is sought on the basis of the jurisdiction conferred by section 1332(a), the sum demanded in good faith in the initial pleading shall be deemed to be the amount in controversy, except that— > > > ##### “(A) > > the notice of removal may assert the amount in controversy if the initial pleading seeks— > > > ###### “(i) > > nonmonetary relief; or > > > ###### “(ii) > > a money judgment, but the State practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded; and > > > ##### “(B) > > removal of the action is proper on the basis of an amount in controversy asserted under subparagraph
(A)if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds the amount specified in section 1332(a). > > > #### “(3) > > > #####
(A)> > If the case stated by the initial pleading is not removable solely because the amount in controversy does not exceed the amount specified in section 1332(a), information relating to the amount in controversy in the record of the State proceeding, or in responses to discovery, shall be treated as an ‘other paper’ under subsection (b)(3). > > > ##### “(B) > > If the notice of removal is filed more than 1 year after commencement of the action and the district court finds that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal, that finding shall be deemed bad faith under paragraph (1).” > . ####
(4)Section 1446 is further amended— #####
(A)in subsection (d), by striking “(d) Promptly” and inserting “(d) Notice to Adverse Parties and State Court.—Promptly”; #####
(B)by striking “thirty days” each place it appears and inserting “30 days”; #####
(C)by striking subsection (e); and #####
(D)in subsection (f), by striking “(f) With respect” and inserting “(e) Counterclaim in 337 Proceeding.—With respect”. ###
(c)Procedure for Removal of Criminal Actions Chapter 89 of title 28, United States Code, is amended by adding at the end the following new section: > > ## “SEC. 1455 Procedure for removal of criminal prosecutions > > **[**[28 U.S.C. 1455](/us/usc/t28/s1455).Notic**]** > > > ### “(a) Notice of Removal > > A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. > > > ### “(b) Requirements > > > ####
(1)> > A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. > > > #### “(2) > > A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. > > > #### “(3) > > The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. > > > #### “(4) > > The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. > > > #### “(5) > > If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further. > > > ### “(c) Writ of Habeas Corpus > > If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and deliver a copy of the writ to the clerk of such State court.” > . ###
(d)Conforming Amendments ####
(1)The table of sections for chapter 89 of title 28, United States Code, is amended— #####
(A)in the item relating to section 1441, by striking “Actions removable generally” and inserting “Removal of civil actions”; #####
(B)in the item relating to section 1446, by inserting “of civil actions” after “removal”; and #####
(C)by adding at the end the following new item:“1455. Procedure for removal of criminal prosecutions.”. ####
(2)Section 1453(b) of title 28, United States Code, is amended by striking “1446(b)” and inserting “1446(c)(1)”.
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Sec. 103
REMOVAL AND REMAND PROCEDURES
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