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Civil procedure

removal from state court to federal court

If a lawsuit is filed in state court, the defendant may remove the lawsuit to federal court if there is a basis for the federal court to have jurisdiction over the lawsuit—either because the plaintiff has alleged a violation of federal law (the U.S. Constitution, a federal statute, or a treaty to which the United States is a party), or because there is complete diversity of citizenship between the parties—meaning no plaintiff is a citizen of the same state as any defendant—whether the parties are persons or entities.

In Oregon, as in other states, a defendant has the right to remove a lawsuit from state court to federal court under certain conditions. This is possible if the case involves a federal question, meaning the plaintiff's claim is based on a violation of federal law, such as the U.S. Constitution, a federal statute, or a treaty. Additionally, a case can be removed to federal court based on diversity jurisdiction, which requires that all plaintiffs are citizens of different states than all defendants, and the amount in controversy exceeds $75,000. It's important to note that the defendant must file a notice of removal in the federal court within 30 days of receiving the initial pleading that shows the case is removable. After removal, the federal court will determine if it has jurisdiction. If the federal court lacks jurisdiction, it can remand the case back to state court.

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Civil procedure

removal from state court to federal court

Individual & Family Legal Plan

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Oregon State Code

Oregon State Code

Civil procedure

removal from state court to federal court

Articles