To the practitioner who spends most of his time litigating in the state courts, removal to federal court may by an infrequent event, and the receipt of a notice of removal might cause some unease because of unfamiliarity with the mechanics and underlying law. Whether the practitioner is seeking to remove a case to federal court, or attempting to have it remanded, the obvious place to start, of course, is the statute governing removal, which is found at 28 U.S. C. Section 1441.
Although there are specific provisions for particular types of cases, such as actions against government officials, generally, under Section 1441(a): “Any civil action brought in a state court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.”
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