Civil Procedure Multistate Bar Practice Exam

What action must a defendant take to remove a case to federal court?

1. File a motion in state court

2. File a notice of removal in federal court

3. Attempt mediation before removal

4. Notify the plaintiff via mail

The correct answer is: File a notice of removal in federal court

To remove a case to federal court, a defendant must file a notice of removal in the federal district court that covers the area where the state court action is pending. This notice serves as the formal request for the transfer of the case from state to federal jurisdiction. The process is governed by 28 U.S.C. § 1446, which outlines the necessary steps and requirements for a defendant seeking removal. The notice must include a short and plain statement of the grounds for removal, which typically involves establishing that the case could have originally been filed in federal court—either because it involves a federal question or because there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Additionally, the defendant must file this notice within a specific timeframe, generally within 30 days after receiving the initial pleading or summons. Once the notice is filed, the defendant is also required to notify all other parties involved in the litigation and the state court of the removal. This procedure is critical because it ensures that the removal process follows the established legal framework, providing clarity and preventing any procedural missteps that could jeopardize the transfer to federal court.