Georgia Bar Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 490

How long does a party have to file a motion to remand a case back to state court after it has been removed?

30 days

A party has 30 days to file a motion to remand a case back to state court after it has been removed. This timeline is established by federal law, specifically under 28 U.S.C. § 1446, which governs the removal of cases from state to federal court. Within the 30-day period, the party opposing the removal can challenge the jurisdiction and seek a remand, arguing that the case should not remain in federal court for various reasons, such as lack of subject matter jurisdiction or procedural defects in the removal process.

Filing a motion for remand within this time frame is crucial because after the 30-day window, the party may lose the ability to contest the removal on certain grounds. Therefore, understanding and adhering to this timeline is vital for parties seeking to have their cases heard in the appropriate jurisdiction.

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60 days

90 days

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