What removal means for you

Say you file a lawsuit in St. Louis County. A few weeks later, you get a paper saying the case is now in federal court. That is removal. The person or company you sued moved it.

Or say you are the one being sued in state court. You may have the right to move the case to federal court. Some businesses prefer federal court because of its firm schedule.

Either way, removal changes the judge, the rules and the timeline. A case filed in St. Louis City, St. Louis County or St. Charles County moves to the federal courthouse in downtown St. Louis.

Which cases can be moved

A case can be moved only if it could have been filed in federal court in the first place. That usually means one of two things.

• The case is about federal law, like a civil rights or job discrimination claim.
• The two sides are from different states, and the claim is worth more than $75,000. Lawyers call this “diversity.”

There is an important limit for the second kind. If any defendant who has been properly served is from Missouri, the case cannot be moved on that basis. The rule protects out-of-state companies from home-court bias. A Missouri defendant does not need that protection.

If a case mixes federal and state claims, it can be moved as a whole. The federal judge then sends back any claim that does not belong.

The deadlines

Each defendant gets its own 30 days from when it was served. Every defendant who has been served must agree to the move.

Sometimes a case cannot be moved at first but can be later. For example, the only Missouri defendant gets dropped. Then the other side has 30 days from the paper that shows the change.

Hiding how much the case is worth, to block removal, counts as bad faith.

Why Missouri lawsuits cause a special problem

Missouri law says an injury lawsuit should not name a dollar amount. It asks for damages that are “fair and reasonable.” So the court papers often do not show whether the claim is worth more than $75,000.

Federal law allows for this. The person moving the case can state the amount in its removal papers. The federal judge then decides if the claim is more likely than not worth more than $75,000. Medical bills, lost pay and demand letters are the usual proof.

What happens after the case is moved

The person moving the case files a notice in federal court. It explains why the case belongs there and includes copies of the state court papers. The St. Louis federal court also wants the state court’s docket sheet and proof that everyone was notified. A copy goes to the state court clerk. From then on, the state court has no power over the case.

• Answer deadline. A defendant who has not yet answered usually gets at least 7 days after removal, and often more.
• Jury trial. You may need to ask for a jury again in federal court. The deadline can be as short as 14 days. Do not assume your state court request carries over.

How to fight removal: asking to go back

If you think the case belongs in state court, you can ask the federal judge to send it back. This is called a “motion to remand.” Timing matters.

• Mistakes in how the case was moved must be raised within 30 days after removal. Examples: the papers were late, or a defendant did not agree. Wait longer and you lose the objection.
• If the federal court has no power over the case at all, it can be raised at any time. The judge must send the case back.

An order sending a case back to state court usually cannot be appealed. So the first round is often the only round.

Whether you want to move a case or send it back, Harjot Singh Padda, JD starts with the calendar. When were you served? When was the removal filed? Did any new paper start a new 30 days?

Common questions

Related reading

• Cases with out-of-state parties
• State court vs. federal court
• Truck accident claims
• Federal court cases