single date of removal doctrine
single-date-of-removal doctrine. Civil procedure. The principle that the deadline for removing a case from state court to federal court is 30 days from the day that any defendant receives a copy of the state-court pleading on which the removal is based. • If a later-served defendant seeks to remove a case to federal court more than 30 days after the day any other defendant received the pleading, the removal is untimely even if effectuated within 30 days after the removing defendant received the pleading. One theory underlying this doctrine is that all defendants must consent to remove a case to federal court, and a defendant who has waited longer than 30 days to remove does not have the capacity to consent to removal. 28 USCA § 1446(b). See NOTICE OF REMOVAL. [Cases: Removal of Cases 79(1).C.J.S. Removal of Causes §§ 153–158, 160–161, 182.]
