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Which of the following governs the time limits for removing a case from state to federal court?

  1. Federal Rules of Civil Procedure

  2. State Statutes

  3. Diversity Jurisdiction Rules

  4. Removal Statutes

The correct answer is: Removal Statutes

The time limits for removing a case from state to federal court are governed by the Removal Statutes, specifically 28 U.S.C. § 1446. These statutes outline the procedures and timelines that must be followed when a defendant seeks to remove an action initially brought in state court. Under the Removal Statutes, a defendant usually has 30 days from the date of receipt of the initial pleading or summons to file a notice of removal in federal court. These rules ensure that there is a clear and consistent process for removal, giving both parties clarity regarding the timelines involved. The other options provided, such as the Federal Rules of Civil Procedure, do not specifically set forth removal procedures. While the Federal Rules may apply once a case is in federal court, they do not address the timing of removal itself. State statutes might govern various aspects of civil procedures within that particular state, but they do not apply to the removal process unless they conflict with federal law, which is generally preempted. The Diversity Jurisdiction Rules are related to the criteria under which cases can be removed based on parties being from different states, but they do not govern the actual timing of the removal. Thus, the correct answer reflects the specific legal framework designed for managing the removal process