removal

removal, n.

1. The transfer or moving of a person or thing from one location, position, or residence to another.

2. The transfer of an action from state to federal court. • In removing a case to federal court, a litigant must timely file the removal papers and must show a valid basis for federal-court jurisdiction. 28 USCA § 1441. Cf. REMAND(1). [Cases: Removal of Cases 16. C.J.S. Removal of Causes § 2.] — remove, vb.

civil-rights removal. Removal of a case from state to federal court for any of these reasons: (1) because a person has been denied or cannot enforce a civil right in the state court, (2) because a person is being sued for performing an act under color of authority derived from a law providing for equal rights, or (3) because a person is being sued for refusing to perform an act that would be inconsistent with equal rights. [Cases: Removal of Cases 70. C.J.S. Removal of Causes §§ 67–70.]


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