Legal Definitions - single-date-of-removal doctrine

The single-date-of-removal doctrine is a rule in civil lawsuits that governs the deadline for moving a case from a state court to a federal court. This principle dictates that the 30-day time limit for all defendants to request this transfer begins on the day the very first defendant in the case officially receives the initial lawsuit papers in state court.

Even if other defendants are served with the lawsuit much later, their opportunity to seek removal to federal court is tied to that initial service date. If any defendant attempts to move the case to federal court more than 30 days after the first defendant was served, the request will generally be denied as too late, even if that particular defendant received their own papers much more recently.

The underlying reason for this doctrine is that, typically, all defendants must agree to move a case to federal court. A defendant who has missed the initial 30-day window (which started with the first defendant's service) is considered to have lost their ability to consent to such a move, thereby preventing any later-served defendant from removing the case.

• Example 1: Corporate and Individual Defendants

  Imagine a plaintiff sues "Tech Solutions Inc." and its CEO, Mr. David Chen, in state court for breach of contract. Tech Solutions Inc. is served with the lawsuit papers on June 1st. Mr. Chen, however, is out of the country and is not personally served until June 15th. On July 5th, Mr. Chen decides he wants to move the case to federal court, believing it would be a more favorable venue. He files a notice of removal.

  How it illustrates the doctrine: Under the single-date-of-removal doctrine, the 30-day clock for removal began on June 1st, when Tech Solutions Inc., the first defendant, was served. By July 5th, more than 30 days have passed since June 1st. Even though Mr. Chen filed his removal request within 30 days of his *own* service date (June 15th), the request would be denied as untimely because the deadline for *all* defendants expired on July 1st (30 days from June 1st).

• Example 2: Multiple Business Partners

  A plaintiff files a lawsuit in state court against three business partners—Sarah, Mark, and Emily—alleging fraud. Sarah is served with the complaint on October 10th. Mark is served on October 15th, and Emily is served on October 25th. On November 12th, Emily consults with her attorney, who advises that the case might be better handled in federal court. Emily then attempts to remove the case.

  How it illustrates the doctrine: The 30-day period for removal began on October 10th, the date Sarah, the first defendant, was served. By November 12th, more than 30 days have passed since October 10th. Therefore, Emily's attempt to remove the case would be considered untimely, even though she filed her request within 30 days of her own service date (October 25th). The opportunity for all defendants to remove the case expired on November 9th (30 days from October 10th).