Term
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Definition
| Case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 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. |
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Term
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Definition
If removal of a civil action is sought on the basis of the jurisdiction conferred by section 1332(a), the sum demanded in good faith in the initial pleading shall be deemed to be the amount in controversy except that-
(A) the notice of removal may assert the amount in controversy if the initial pleading seeks
- non-monetary relief; or
- a money judgment, but the State practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount
(B) removal of the action is proper on the basis of an amount in controversy asserted under subparagraph (a) if the district court finds, by the preponderance of the evidence, that the amount in controversy exceeds the amount specified in section 1332(a) |
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Term
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Definition
(A) If the case stated by the initial pleading is not removable solely because the amount in controversy does not exceed the amount specified in section 1332(a), information relating to the amount in controversy in the record of the State proceeding, or in responses to discovery, shall be treated as an "other paper" under subsection (b)(3)
(B) If the notice of removal is filed more than 1 year after commencement of the action and the district court finds that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal, that finding shall be deemed bad faith under paragraph (1) |
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Term
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Definition
| If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court. |
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Term
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Definition
(1) Contents. A summons must :
- Name the court and the parties;
- Be directed to the defendant;
- State the name and address of the plaintiff's attorney or- if unrepresented- of the plaintiff;
- State the time within which the defendant must appear and defend;
- Notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
- Be signed by the clerk;
- Bear the Court's seal
(2) The court may permit a summons to be amended. |
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Term
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Definition
Service
(1) In general. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.
(2) By whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. §1916. |
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Term
| Fed. Rules Civ. P. 4 (d), (e), (f), (g), (h) |
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Definition
Waiving Service.
(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e),(f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff may notify such a defendant that an action has |
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Term
| Rule 55: Default; Default Judgment (a) |
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Definition
| Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. |
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