Civil Procedure Multistate Bar Practice Exam

What is the time limit for a party to move for remand if the basis is not subject matter jurisdiction (SMJ)?

1. 30 days after the notice of removal

2. 60 days after the notice of removal

3. 90 days after the notice of removal

4. No time limit is specified

The correct answer is: 30 days after the notice of removal

The correct answer is that the time limit for a party to move for remand when the basis is not related to subject matter jurisdiction is 30 days after the notice of removal. In civil procedure, particularly under the removal process defined by 28 U.S.C. § 1446, a party has a specified period to challenge the removal of a case to federal court. When the grounds for remand pertain to reasons other than a lack of subject matter jurisdiction—such as procedural defects in the removal process—the involved party must file their motion for remand within 30 days of receiving the notice of removal. This time limit helps ensure that any potential issues with the removal are addressed promptly to avoid unnecessary delays in the litigation process. Understanding this timeframe is crucial for practitioners, as failing to act within these 30 days may result in waiving the right to contest the removal based on those other grounds.