Civil litigation
Removal Deadline: 30 Days to Remove to Federal Court
File the notice of removal within 30 days of service under 28 U.S.C. § 1446(b). Calculate each defendant's date, then plan the answer under Rule 81(c).
The working answer
A defendant removes a civil action to federal court by filing a notice of removal within 30 days after receiving the initial pleading through formal service (28 U.S.C. § 1446(b)(1); Murphy Bros. v. Michetti Pipe Stringing, 526 U.S. 344 (1999)). Each defendant has 30 days from its own service. The calculator below is loaded with 30 days; RuleX keeps the date in the case.
Deadline calculator: 28 U.S.C. § 1446(b)
Loaded with the 30-day period from 28 U.S.C. § 1446(b). Enter the date the defendant was formally served; the period stays editable for an order or stipulation that sets a different one. Intermediate weekends count; the final day moves when required.
The statutory federal holidays are included. Standard observed closures apply when selected above. Confirm the district’s holiday and closure calendar and add relevant local dates. Review the triggering rule and any scheduling order alongside the result.
Read 28 U.S.C. § 1446 — Cornell LII01 / PRACTICE NOTES
The 30 days run from formal service on each defendant.
Section 1446(b)(1) requires the notice of removal to be filed within 30 days after the defendant's receipt, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief, or within 30 days after service of the summons if the initial pleading has been filed in court and is not required to be served, whichever period is shorter. In Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999), the Supreme Court held that the period is triggered by formal service of the summons and complaint, or by receipt of the complaint after and apart from service of the summons, and that mere receipt of the complaint without formal service does not start it.
Section 1446(b)(2)(B) gives each defendant 30 days after receipt by or service on that defendant. When defendants are served at different times and a later-served defendant files a notice of removal, an earlier-served defendant may consent to the removal even though it did not previously initiate or consent to removal (§ 1446(b)(2)(C)). When a case is removed solely under § 1441(a), all defendants who have been properly joined and served must join in or consent to the removal (§ 1446(b)(2)(A)).
Rule 6(a) applies to a federal statute that does not specify a method of computing time, and § 1446 states no counting method of its own. Count from the day after formal service, include every calendar day and move a last day that falls on a weekend or legal holiday to the next day that is none of those. A defendant served on Thursday, September 10, 2026 reaches day 30 on Saturday, October 10, 2026. October 11 is a Sunday and October 12 is Columbus Day, so the notice is due by the end of Tuesday, October 13, 2026.
02 / PRACTICE NOTES
A later paper can open a new 30 days, with one outside limit.
When the case stated by the initial pleading is not removable, § 1446(b)(3) allows a notice of removal within 30 days after receipt by the defendant, through service or otherwise, 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. Record the date each such paper arrived and calculate from it.
Section 1446(c)(1) adds a limit for diversity cases: a case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by 28 U.S.C. § 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action. Calendar the first anniversary of the state-court filing alongside the 30-day dates.
The calculator counts days. A one-year limit runs by calendar anniversary, so enter the one-year date in your matter calendar directly and run the 30-day periods through the calculator.
03 / PRACTICE NOTES
After the notice is filed: notice to the state court, remand and the answer date.
Promptly after filing, the removing defendant gives written notice to all adverse parties and files a copy of the notice with the clerk of the state court, which effects the removal (§ 1446(d)). Calendar those steps as tasks on the day of removal.
A motion to remand on the basis of any defect other than lack of subject-matter jurisdiction must be made within 30 days after the filing of the notice of removal under § 1446(a) (28 U.S.C. § 1447(c)). Run the calculator from the date the notice was filed to see that date.
A defendant that did not answer in state court answers within the longest of three periods under Rule 81(c)(2): 21 days after receiving, through service or otherwise, a copy of the initial pleading; 21 days after being served with the summons for an initial pleading on file at the time of service; or 7 days after the notice of removal is filed. For a notice filed Tuesday, October 20, 2026, the seven-day period ends Tuesday, October 27, 2026, and the answer date is whichever of the three dates is latest. Run each period through the calculator and keep the latest.
04 / PRACTICE NOTES
Counting inputs worth recording at the start.
Record the formal service date for each defendant, the manner of service, the date any amended pleading or other paper arrived, the state-court filing date for the one-year limit, and the state holidays of the district where the notice will be filed. For periods measured after an event, Rule 6(a)(6)(C) counts days declared holidays by the state where the district court is located.
The last day for an electronic filing ends at midnight in the court's time zone unless a statute, local rule or court order sets a different time (Rule 6(a)(4)(A)). Filing early in the day leaves time for the clerk's acceptance and the notices that follow.
05 / PRACTICE NOTES
RuleX keeps the removal deadline in the case, next to its source.
Create the case in RuleX, add a task for the notice of removal with the calculated due date, and attach the summons, the complaint, the proof of service and the state-court docket. The case log records the rule, the trigger date and the holidays you applied, so every lawyer on the matter reads the same calculation and can reopen the source behind it.
Ask RuleX to read the pleadings and the state-court docket together and draft the notice of removal in Word with the grounds for removal stated. Research, drafting and the calendar date live in one case file with the documents, and the 7-day free trial lets you set up your first matter today.
Frequently asked questions
How many days do I have to remove a case to federal court?
You have 30 days after formal service of the initial pleading to file the notice of removal (28 U.S.C. § 1446(b)(1)). Each defendant has 30 days from its own service under § 1446(b)(2)(B).
Does receiving a courtesy copy of the complaint start the 30 days?
The Supreme Court held in Murphy Bros. v. Michetti Pipe Stringing, 526 U.S. 344 (1999), that the period starts with formal service of the summons and complaint. Receipt of a copy without formal service leaves the clock unstarted.
Can a later-served defendant remove after the first defendant's 30 days passed?
Each defendant has 30 days after its own service, and an earlier-served defendant may consent to a later-served defendant's removal (§ 1446(b)(2)(B) and (C)).
Is there an outside limit for diversity removal?
A case may not be removed under § 1446(b)(3) on the basis of diversity jurisdiction more than 1 year after commencement of the action, unless the court finds the plaintiff acted in bad faith to prevent removal (§ 1446(c)(1)).
When must I answer after removal?
The answer is due within the longest of three periods: 21 days after receiving the initial pleading, 21 days after service of the summons for an initial pleading on file, or 7 days after the notice of removal is filed (Rule 81(c)(2)).
How long does the plaintiff have to move to remand?
A motion to remand on a defect other than lack of subject-matter jurisdiction must be made within 30 days after the notice of removal is filed (28 U.S.C. § 1447(c)).
The authority behind the work
Primary and official sources
Sources reviewed for this edition. Open the authority alongside your matter.
- 0128 U.S.C. § 1446 — Procedure for removal of civil actions ↗
- 0228 U.S.C. § 1447 — Procedure after removal generally ↗
- 03Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999) (Cornell LII) ↗
- 04Fed. R. Civ. P. 81 — Applicability of the rules in general; removed actions (Cornell LII) ↗
- 05Fed. R. Civ. P. 6 — Computing and extending time (Cornell LII) ↗
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