A notice of removal must be filed within 30 days after defendant's receipt of the complaint or within 30 days after service of the summons if the initial pleading is not required to be served on defendant. If the action set forth in the initial pleading is not removable, removal is timely within 30 days after receipt of any pleading showing that the case is removable. 28 USC § 1446(b). Removal on diversity grounds must be effected within 1 year of the filing date of the action. 28 USC § 1446(b).
Answer to Removed Action
After removal, re-pleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections within the longest of these periods:
21 days after receiving — through service or otherwise — a copy of the initial pleading stating the claim for relief;
21 days after being served with the summons for an initial pleading on file at the time of service; or
Removable Without Regard to Citizenship
An action based on a claim or right arising under the Constitution, treaties, or laws of the United States shall be removable without regard to the citizenship or residence of the parties. 28 USC § 1441(b).
Separate and Independent Removable Claim
Diversity jurisdiction requires that none of the defendants be a citizen of the state in which the action was brought. 28 USC § 1441 (b).
Case law authority holds that in most cases, the removing party must obtain joinder in the removal process from all defendants that have been served in the state court action, and that if joinder is not obtained, the removal papers must contain an explanation of why the non-joining defendants have not joined.
The removing party initiates the removal process by filing a notice of removal in the United States District Court for the district and division in which the action is pending. 28 USC § 1446(a).
The notice must contain a short and plain statement of the grounds for removal and a copy of all process, pleadings, and orders served on the removing party. 28 USC § 1446(a).
Case law authority holds that if removal is based on diversity jurisdiction, the citizenship of each party and the amount in controversy must be set forth in the notice of removal.
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
The Filing User's log-in, password, and s/[typed name] or digital signature serve as that user's signature on electronic documents filed with the court for purposes of the Federal Rules of Civil Procedure and the Local Rules. Submitted documents must include a digital signature or an "s/" followed by the Filing User's name typed on the signature line. A digital signature is the person's authentic signature that is digitally encoded and stored for later reproduction. ECF Manual 10.1 https://www.scd.uscourts.gov/CMECF/procedures.asp.
The filing attorney's name, address, telephone number, fax number, E-mail address, and District Court Bar number provided to the attorney on admission, if applicable, must appear with the signature block on all documents filed electronically. Out of state attorneys involved in multi-district litigation must also include the name of the District Court Bar to which they have been admitted. ECF Manual 10.2 https://www.scd.uscourts.gov/CMECF/procedures.asp.
If a document requires signatures of multiple parties, the Filing User may use one of two methods to file the document. First, the Filing User filing the document may obtain original signatures of those parties on a paper copy. The Filing User will then file a copy of the document electronically, representing the consent of each signatory by an "s/" followed by that individual's name on the signature line. Alternatively, the Filing User may obtain digital signatures on the document and electronically file it with those digital signatures. ECF Manual 10.4 https://www.scd.uscourts.gov/CMECF/procedures.asp.
Except as otherwise provided in the ECF Manual, documents containing the signature of individuals other than the Filing User must be filed electronically as a scanned image. ECF Manual 10.5 https://www.scd.uscourts.gov/CMECF/procedures.asp.
See District of South Carolina SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
The removing party must provide copies of all process, pleadings, and orders served on the removing party. 28 USC § 1446(a).
A complete and executed civil cover sheet must accompany each filed civil case. The District's form of civil cover sheet is available online at https://www.scd.uscourts.gov/FORMS/index.asp.
In order to electronically file an initiating or other document that requires the payment of a filing fee, the filing attorney must have a credit card on file with the clerk's office. ECF Manual 2.3 (https://www.scd.uscourts.gov/CMECF/procedures.asp.)
All members of the South Carolina bar must register as Filing Users. ECF Manual 3.1 and 3.2 (https://www.scd.uscourts.gov/CMECF/procedures.asp).
Except in those categories of cases listed by FRCP 26 (a)(1)(B), answers to the interrogatories set out below must be filed with the court and served on all parties at the time of a party's first appearance. In removed cases, the removing defendant shall file these responses with the removal papers. All other parties shall file responses no later than fourteen (14) days after service of the notice of removal:
(a) The full name, address, and telephone number of each person or legal entity that may have a subrogation interest in each claim, and the basis and extent of that interest;
(b) As to each claim, whether it should be tried jury or non-jury and why;
The following rules must be followed in completing initial party interrogatories and the Rule 26(f) report:
(1) Only a signature of the attorney is required if the party is represented by counsel. A party need not verify the responses.
(2) Each interrogatory must be set forth immediately prior to the answer to that interrogatory.
A party, intervenor, or proposed intervenor must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. FRCP 7.1 (b).
A party must promptly file a supplemental disclosure statement if any required information changes. FRCP 7.1 (b).
A nongovernmental corporate party or a nongovernmental corporation that seeks to intervene must file 2 copies of a disclosure a statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or states that there is no such corporation. FRCP 7.1 (a)(1).
The court may supply additional documents that must be served with the Removal Papers.
In a case removed from state court to federal court, the Filing User is required to file electronic copies of all documents previously filed in the state court together with the electronically filed Notice of Removal. SC D ECF Manual 2.5.
The removing party initiates the removal process by filing a notice of removal in the United States District Court for the district and division in which the action is pending. 28 USC § 1446(a).
The removing party shall file the notice of removal with the clerk of the state court where the action was initiated. The state court notice must include copies of all state court pleadings and orders that were served on the removing party, as well as the federal district court removal papers. 28 USC § 1446(d).
The state court notice must be filed with the federal court no later than a reasonable time. FRCP 5 (d) (amended eff 12/1/18).
The certificate of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
The removing party shall give written notice of the removal to all adverse parties and file the notice with the clerk of the state court where the action was initiated. The state court notice must include copies of all state court pleadings and orders that were served on the removing party, as well as the federal district court removal papers. 28 USC § 1446 (d).
The fee schedule for the District is available online at: http://www.scd.uscourts.gov/Resources/fee.asp.
ECF Filers are required to pay fees online.
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