What is the general timeliness rule for removal to federal court?

• A. It must be removed within 60 days after the last plaintiff departs the case.
• B. It must be removed within 24 hours of service.
• C. It must be removed within 30 days after service of the initial pleading or within 30 days after receipt of a pleading setting forth the jurisdiction basis.
• D. It must be removed within 30 days after service of the initial pleading or within 30 days after receipt of the initial pleading setting forth the jurisdiction basis, whichever is shorter.

Answer: (D)

The rule tests when removal first becomes permissible. A defendant must remove within 30 days after the defendant receives the initial pleading that states a basis for removal, or within 30 days after receipt of an amended pleading or other paper that first shows the case is removable, whichever comes first. That “whichever is shorter” phrasing is key: you start counting from the earliest moment you become aware the case can be removed, and you have 30 days from that moment to remove. If the initial complaint itself reveals the basis for removal, the clock starts at service of that complaint. If removability isn’t shown in the initial pleading but is revealed later in an amended pleading or other paper, the clock starts then. This ensures you don’t wait to see if additional documents appear and preserves a prompt removal process within a 30-day window. (There is also an overall one-year cap in some removal scenarios, but the common timeliness rule is the 30-day clock described here.)