Is Removal proper?

Would the federal district court have original

jurisdiction over the plaintiff’s claims if they were
filed in federal court?

Yes
No!

Is the OJ basis Diversity? Not

removable!
Yes

Is the D seeking removal a

citizen of the state where the
case has been brought? Yes,
NO
Improper
removal!

Remand!
No

Federal Question?
Have 30 days passed since the D
received service of the initial
pleading setting forth the
removable claim or notice of a
change in the removability of the  Motion to Remand—
case? Only if a motion to
remand is filed within
Yes, Proper removal 30 days of the filing of
No the notice of removal.
Remand motions
asserting a lack of
subject matter
have all of the defendants agreed No, can be remanded jurisdiction may be
to removal? made at any time.