Single Date of Removal Doctrine Law and Legal Definition

Single date of removal doctrine is a legal principle that states 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 notice of removal of a civil action or proceeding. All the defendants should 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.

The principle is codified in 28 USCS § 1446 (b) which reads as follows:

“ The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.

If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable, except that a case may not be removed on the basis of jurisdiction conferred by section 1332 of this title [28 USCS § 1332] more than 1 year after commencement of the action.”