Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
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. 0 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. - remove, vb. Cf. REMAND (1).
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.
civil-rights removal.
See REMOVAL.
notice of removal
The pleading by which the defendant removes a case from state court to federal court. ( A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal and must include a copy of all process, pleadings, and orders that have been served on the removing party while the case has been pending. The removing party must also notify the state court and other parties to the suit that the notice of removal has been filed. A notice of removal must be filed, if at all, within 30 days after the defendant is served with process in the suit. 28 USCA § 1446; Murphy Bros., Inc. u. Michetti Pipe Stringing, Inc., 119 S.Ct. 1322 (1999).
removal action.
Environmental law. An action, esp. under CERCLA, intended to bring about the short-term abatement and cleanup of pollution (as by removing and disposing of toxic materials). Cf. CERCLA; REMEDIAL ACTION.
removal bond.
1. A bond to cover possible duties owed by a person who removes goods from a warehouse for export. 2. A bond required in some states when a litigant seeks to remove an action to another court.
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. 9 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 ,