Civil Procedure Multistate Bar Practice Exam

How does the court typically respond to a timely and proper removal notice?

1. It automatically grants the removal

2. It conducts a hearing to determine jurisdiction

3. It dismisses the case

4. It transfers the case back to state court

The correct answer is: It conducts a hearing to determine jurisdiction

The correct understanding revolves around the concept of removal jurisdiction in civil procedure. When a defendant files a notice of removal to transfer a case from state court to federal court, the court does not automatically grant the removal. Instead, it engages in a review process to establish whether the removal is appropriate based on jurisdictional grounds. The process typically involves an examination of whether the federal courts have jurisdiction over the case, particularly looking at the basis of diversity jurisdiction or federal question jurisdiction. This inquiry may involve the court assessing the arguments and evidence presented by both parties to determine if the case meets the standards for federal jurisdiction. If the court determines that the removal was properly executed and that it has proper jurisdiction, the case will proceed in federal court. Conversely, if the court finds the removal lacking in jurisdictional grounds, it may reject the removal and send the case back to the state court. Thus, the court's response to a properly filed removal notice includes investigating the jurisdictional basis, justifying the importance of assessing whether the federal court should take jurisdiction over the case. This is why the answer emphasizes the necessity of a court hearing or review to determine the jurisdictional propriety of the removal.