Federal Motion to Remand Checklist

Federal Motion to Remand Checklist

Federal Court: United States District Court for the [________________________________]

Federal Case Number: [________________________________]

Original State Court: [________________________________]

State Court Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Moving Party: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Deadline Analysis

Critical Deadline Determination

☐ Date Notice of Removal filed: [__/__/____]

☐ 30-Day Deadline for Procedural Defects:
☐ Motion based on procedural defect must be filed within 30 days of removal
☐ 30-day deadline: [__/__/____]
☐ ☐ Within deadline ☐ Deadline passed

☐ Subject-Matter Jurisdiction Through Final Judgment:
☐ Lack of subject-matter jurisdiction may be raised at any time before final judgment
☐ If jurisdiction is lacking at any time before final judgment, the court must remand

II. Grounds for Remand

Lack of Subject Matter Jurisdiction (No Time Limit)

☐ No Federal Question Jurisdiction:
☐ Complaint does not arise under federal law
☐ Federal question not on face of complaint
☐ Artful pleading does not create federal question
☐ Complete preemption does not apply

☐ No Diversity Jurisdiction:
☐ No complete diversity of citizenship
☐ Party citizenship analysis: [________________________________]
☐ Amount in controversy not met ($75,000 threshold)
☐ Actual amount in controversy: $[________________]

☐ Forum Defendant Rule (28 U.S.C. § 1441(b)(2)):
☐ Diversity case
☐ Defendant is citizen of state where action filed
☐ Defendant was properly joined AND served at time of removal
☐ Forum defendant: [________________________________]

Procedural Defects (30-Day Deadline)

☐ Untimely Removal:
☐ Notice of Removal filed more than 30 days after service
☐ Date defendant served: [__/__/____]
☐ Date removal filed: [__/__/____]
☐ Days elapsed: [____]

☐ One-Year Bar (Diversity Cases):
☐ State court action filed: [__/__/____]
☐ Removal filed: [__/__/____]
☐ More than one year elapsed
☐ No bad faith by plaintiff to prevent removal

☐ Lack of Unanimous Consent:
☐ Not all defendants joined in or consented to removal
☐ Missing defendant: [________________________________]
☐ Consent was required (defendant properly served)

☐ Defective Notice of Removal:
☐ Required documents not attached
☐ Inadequate statement of grounds
☐ Improper venue for removal
☐ Other defect: [________________________________]

III. Motion to Remand - Contents

Motion Document

☐ Caption with case number
☐ Title: "Motion to Remand to State Court"
☐ Statement of grounds for remand
☐ Prayer for relief requesting remand to state court
☐ Request for costs and fees (if applicable)
☐ Signature block

Memorandum of Law in Support

☐ Statement of Facts
☐ Original state court filing
☐ Service on defendants
☐ Notice of Removal and timing
☐ Legal Argument
☐ Applicable legal standard
☐ Analysis of grounds for remand
☐ Burden of proof on removing party
☐ Conclusion

Supporting Evidence

☐ Declaration(s) as needed
☐ State court complaint
☐ Notice of Removal
☐ Proof of service documents
☐ Evidence of citizenship (if disputing diversity)
☐ Evidence of amount in controversy (if disputing)

IV. Legal Standard

Burden of Proof

☐ Removing party bears burden of establishing federal jurisdiction
☐ Removal statutes construed strictly
☐ Doubts resolved in favor of remand

Standard for Remand

☐ Lack of subject matter jurisdiction: mandatory remand
☐ Procedural defects: discretionary (if timely raised)

V. Request for Costs and Attorneys' Fees

28 U.S.C. § 1447(c)

☐ Request for costs and attorneys' fees included
☐ Removal lacked objectively reasonable basis
☐ Documentation of costs and fees incurred

Fee Documentation

☐ Attorney time records
☐ Billing statements
☐ Declaration of attorney regarding fees
☐ Total fees and costs sought: $[________________]

VI. Opposing Common Removal Arguments

Federal Question Arguments

☐ Preemption does not create federal question
☐ Federal defense does not create jurisdiction
☐ Embedded federal issue not necessarily removable

Diversity Arguments

☐ Citizenship properly alleged in complaint
☐ Defendant is citizen of forum state
☐ Amount in controversy does not exceed $75,000
☐ Document specific damages claim

Forum Defendant Snap Removal

☐ Defendant was properly served before removal
☐ Timing evidence of service vs. removal

VII. Procedural Requirements

Filing the Motion

☐ File motion via CM/ECF
☐ Proper event selected
☐ All attachments included
☐ Certificate of service attached

Service Requirements

☐ Serve all parties via CM/ECF or other permitted method
☐ Certificate of service completed

Briefing Schedule

☐ Opposition due: [__/__/____] (typically 14-21 days per local rule)
☐ Reply due: [__/__/____] (typically 7-14 days per local rule)

VIII. Local Rule Compliance

District: [________________________________]

☐ Local rules on motions reviewed
☐ Page/word limits verified
☐ Meet and confer requirements (if any)
☐ Hearing procedures reviewed
☐ Specific local remand motion requirements

IX. After Remand Order Entered

If Remand Granted

☐ Order specifies return to state court
☐ Federal case closed
☐ State court notified
☐ State court proceedings resume
☐ Fees/costs awarded (if applicable)

Appeal Rights (Very Limited)

☐ Remand orders generally NOT appealable (28 U.S.C. § 1447(d))
☐ Exceptions:
☐ Civil rights cases (28 U.S.C. § 1443)
☐ Class Action Fairness Act cases (28 U.S.C. § 1453)
☐ Certain arbitration cases

X. If Motion Denied

Options After Denial

☐ Interlocutory appeal (rarely available)
☐ Mandamus petition (extraordinary circumstances)
☐ Continue litigating in federal court
☐ Preserve issue for post-judgment appeal

XI. Quality Control Checklist

Before Filing

☐ Deadline verified (30 days for procedural defects)
☐ Grounds for remand clearly identified
☐ Supporting evidence gathered
☐ Legal standard properly applied
☐ Local rules reviewed
☐ All documents proofread
☐ Certificate of service prepared

Common Arguments Addressed

☐ Burden of proof on removing party
☐ Strict construction of removal statute
☐ Doubts resolved in favor of remand
☐ Specific jurisdictional defects identified

XII. Document Tracking Log

XIII. Deadline Summary

Sources and References

• 28 U.S.C. § 1447: https://uscode.house.gov/view.xhtml?req=28+USC+1447
• 28 U.S.C. § 1441: https://uscode.house.gov/view.xhtml?req=28+USC+1441
• Cornell Law - Removal: https://www.law.cornell.edu/uscode/text/28/part-IV/chapter-89

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]