MBE Rules · Civil Procedure
Remand
28 U.S.C. §1447
The rule
Procedural-defect remand motions must be made within 30 days of removal; lack of subject-matter jurisdiction compels remand at any time before final judgment, and most remand orders are unreviewable.
In plain English
A remand is when a case is sent back to state court from federal court. If there is a procedural defect in the removal, a motion to remand must be filed within 30 days, but if the issue is a lack of subject-matter jurisdiction, it can be raised at any time before the case is concluded.
Worked example
A plaintiff files a lawsuit in state court, and the defendant improperly removes it to federal court without a valid basis for federal jurisdiction. The plaintiff files a motion to remand within 30 days, citing the procedural defect. The court grants the motion and sends the case back to state court.
Memory hook
Remand: 30 days for procedural defects, anytime for jurisdiction issues!
The trap
Exams may present scenarios where students confuse procedural defects with jurisdictional issues, leading them to misapply the 30-day rule. Additionally, students might overlook the unreviewable nature of most remand orders.
How examiners test it
Questions often involve a fact pattern where a case is removed to federal court, prompting candidates to identify whether a remand is appropriate based on procedural defects or jurisdictional grounds.
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