Federal Jurisdiction and Removal Checklist: A Practical Checklist

How to use this checklist

Use this as a working sheet at the start of any case that could be in either court system. Phase 1 applies to everyone, every time. Phase 2 is for a plaintiff filing in federal court. Phase 3 is for a plaintiff who wants to stay in state court. Phases 4 through 6 are for a defendant considering removal. Phase 7 is for a plaintiff moving to remand, and Phase 8 is for a defendant opposing. Phase 9 is for anyone who discovers a problem late. The class action version is separate: use the CAFA Removal and Remand Checklist: A Practical Checklist for those cases.

The reasoning behind each item is in Federal Subject-Matter Jurisdiction: Arising Under, Diversity, Supplemental Claims, and the Defect That Never Waives. The sequenced advice, with worked examples, is in Getting Into or Staying Out of Federal Court: A Practical Guide to Jurisdiction and Removal. The forms these tasks call for are in the Federal Jurisdiction Toolkit: Notices of Removal, Remand Motions, and Jurisdictional Allegations.

Circuit law varies on several items below. Where a note says so, check the controlling decisions in your circuit and the assigned judge's standing orders before relying on it.

Phase 1: Claim and citizenship analysis (both sides, before any filing)

Federal question

• Identify each claim's source of law. A claim created by federal law satisfies 28 U.S.C. § 1331.
• Apply the well-pleaded complaint rule. Look only at the plaintiff's own claims, not defenses or predicted defenses. Louisville & Nashville Railroad Co. v. Mottley, 211 U.S. 149 (1908); Caterpillar Inc. v. Williams, 482 U.S. 386 (1987).
• If a federal issue is embedded in a state claim, test all four factors. Necessarily raised, actually disputed, substantial to the federal system, and within the federal-state balance. Gunn v. Minton, 568 U.S. 251 (2013); Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005). Note: An alternative state-law theory means the federal issue is not "necessarily" raised. Christianson v. Colt Industries Operating Corp., 486 U.S. 800 (1988).
• Check complete preemption. Only a few statutes qualify, such as ERISA § 502(a). Aetna Health Inc. v. Davila, 542 U.S. 200 (2004). Ordinary preemption is only a defense.
• For IP disputes, separate statutory claims from contract and ownership claims. Patent, plant variety, and copyright claims are exclusively federal under 28 U.S.C. § 1338(a); a license or ownership contract dispute may not be. T.B. Harms Co. v. Eliscu, 339 F.2d 823 (2d Cir. 1964). Check § 1454 for counterclaims.
• For a declaratory claim, look at the underlying coercive action. Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S. 191 (2014); see the Declaratory Judgment Checklist: A Practical Checklist.
• Confirm Article III standing is real. This applies even where a federal statute creates the claim, and it applies to the removing party's burden. TransUnion LLC v. Ramirez, 594 U.S. 413 (2021); see the Standing and Justiciability Checklist: A Practical Checklist.

Diversity

• List every party's citizenship as of the date the state or federal complaint was filed, and the removal date if applicable. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567 (2004).
• Individuals: record domicile, not residence. Note voting, tax filing, license, home, work, and family ties. Heinen v. Northrop Grumman Corp., 671 F.3d 669 (7th Cir. 2012).
• U.S. citizens domiciled abroad: flag them. They are stateless, and they destroy diversity. Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826 (1989).
• Corporations: record every state of incorporation and the nerve center. Do not rely on a filing that merely lists an executive office. Hertz Corp. v. Friend, 559 U.S. 77 (2010). Note: For a remote or distributed company, document where the senior officers actually direct the business.
• LLCs and partnerships: list every member at every tier until you reach a person or corporation. Carden v. Arkoma Associates, 494 U.S. 185 (1990); Thomas v. Guardsmark, LLC, 487 F.3d 531 (7th Cir. 2007).
• Trusts: decide whether it is a traditional trust or a business entity. Trustee citizenship for the first under Navarro Savings Association v. Lee, 446 U.S. 458 (1980); member citizenship for the second under Americold Realty Trust v. ConAgra Foods, Inc., 577 U.S. 378 (2016).
• National banks: main office under the articles of association. 28 U.S.C. § 1348; Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303 (2006).
• Estates, insurers, and aliens: check the special rules. 28 U.S.C. § 1332(a)(2), (c).
• Compute the amount in controversy, excluding interest and costs. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283 (1938). For nonmonetary relief, value the object of the suit. Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977).
• Check for assignments or joinder arranged to create jurisdiction. 28 U.S.C. § 1359; Kramer v. Caribbean Mills, Inc., 394 U.S. 823 (1969).
• Exclude domestic relations and probate matters. Ankenbrandt v. Richards, 504 U.S. 689 (1992); Marshall v. Marshall, 547 U.S. 293 (2006).
• Save the source for each entry, with a date. Client certification, corporate filings, prior disclosure statements.

Red flag: A company's lease, website, or letterhead is not proof of its citizenship. In Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 (7th Cir. 2003), a lawyer took a corporation's state from a lease, nobody traced an LLC's members, and a $220,000 jury verdict was vacated with the lawyers told to finish the case without further fees.

Phase 2: Filing in federal court (plaintiff)

• State the jurisdictional basis in the complaint. Fed. R. Civ. P. 8(a)(1).
• Plead citizenship, not residence, and name LLC members. Plead on information and belief only after reasonable inquiry. Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015); Fed. R. Civ. P. 11(b). Note: Lincoln Benefit is favorable to plaintiffs but is not the rule everywhere. Check your circuit.
• File the Rule 7.1(a)(2) citizenship statement with the first appearance, naming everyone whose citizenship is attributed to your client. Fed. R. Civ. P. 7.1(a)(2), (b).
• File the corporate disclosure under Rule 7.1(a)(1). A proposed amendment reaching indirect 10% owners that are publicly held business organizations is in the rules process; check whether it has taken effect.
• Decide how to allege state claims. Confirm each falls in the same case or controversy under 28 U.S.C. § 1367(a) and is not excluded by § 1367(b). Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978); Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U.S. 546 (2005).
• Calendar what happens if the federal claim fails. § 1367(c) discretion and § 1367(d) tolling under Artis v. District of Columbia, 583 U.S. 71 (2018). Note your state's savings statute for a dismissed diversity case.
• Check the current filing fee. 28 U.S.C. § 1914 and the court's fee schedule.
• Ask the opposing LLC or partnership for membership facts at the Rule 26(f) stage, if the Rule 7.1 statement falls short. Consider an early interrogatory under Fed. R. Civ. P. 33.

Red flag: Do not wait until after a dispositive win to examine citizenship. The party who loses has every incentive to raise it, and the court has an independent duty. Fed. R. Civ. P. 12(h)(3).

Phase 3: Structuring a case to stay in state court (plaintiff)

• Plead only state claims, and avoid making a federal issue an essential element. Merrell Dow Pharmaceuticals Inc. v. Thompson, 478 U.S. 804 (1986).
• Screen every claim for complete preemption. Beneficial National Bank v. Anderson, 539 U.S. 1 (2003).
• Join a nondiverse defendant only with a real claim, pleaded with specific facts about that defendant. Hain Celestial Group, Inc. v. Palmquist, No. 24-724 (U.S. Feb. 24, 2026), arose because the plaintiffs had a plausible claim against the local seller, as the Fifth Circuit held.
• If relying on the forum-defendant rule, arrange same-day service. 28 U.S.C. § 1441(b)(2). Have a server ready at the registered agent when the clerk accepts the complaint. Note: Pre-service removal is permitted on the text in three circuits: Encompass Insurance Co. v. Stone Mansion Restaurant Inc., 902 F.3d 147 (3d Cir. 2018); Gibbons v. Bristol-Myers Squibb Co., 919 F.3d 699 (2d Cir. 2019); Texas Brine Co. v. American Arbitration Association, Inc., 955 F.3d 482 (5th Cir. 2020).
• Check the state's service rules for any built-in delay. Gibbons names Delaware as a state that requires a delay.
• If capping damages, do it at filing and in a form that binds. St. Paul Mercury; 28 U.S.C. § 1446(c)(2). Note: A named plaintiff cannot bind absent class members before certification. Standard Fire Insurance Co. v. Knowles, 568 U.S. 588 (2013).
• Read any forum clause. A clause tied to the courts "of" a state may exclude federal courts. FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC, 626 F.3d 752 (4th Cir. 2010).
• Avoid a federal claim you can live without. A federal claim gives the defendant a clear removal basis.
• Calendar the first anniversary of filing. § 1446(c)(1).

Red flag: Keeping a nondiverse defendant only until the year runs can be bad faith, which lifts the bar. Hoyt v. Lane Construction Corp., 927 F.3d 287 (5th Cir. 2019).

Phase 4: The removal decision (defendant, days 0 to 10)

Day 0

• Record the date and manner of service on your client, and confirm it was formal service. Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999).
• Calendar day 30, counted under Fed. R. Civ. P. 6(a), with an internal target of day 25. 28 U.S.C. § 1446(b)(1). Note: Do not plan on any equitable extension. Enbridge Energy, LP v. Nessel, No. 24-783 (U.S. Apr. 22, 2026).
• Calendar the state-court response date, and do not let it lapse while deciding.
• Pull the entire state docket and any existing orders. Pre-removal orders remain in force under 28 U.S.C. § 1450; Granny Goose Foods, Inc. v. Brotherhood of Teamsters, 415 U.S. 423 (1974).
• Hold off on any step that seeks a state-court ruling on the merits. Substantial action can waive removal. Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLP, 365 F.3d 1244 (11th Cir. 2004).

Days 1 to 5

• Confirm your client is "the defendant." A plaintiff defending a counterclaim or a third-party counterclaim defendant generally cannot remove. Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941); Home Depot U.S.A., Inc. v. Jackson, 587 U.S. 435 (2019).
• Check whether § 1454 applies. Any party may remove where a claim arises under patent, plant variety, or copyright statutes. 28 U.S.C. § 1454.
• Check whether § 1442 applies. 28 U.S.C. § 1442; Chevron USA Inc. v. Plaquemines Parish, No. 24-813 (U.S. Apr. 17, 2026).
• Check statutory bars. 28 U.S.C. § 1445.
• Check the contract for a forum clause or waiver of removal.
• Complete the Phase 1 analysis.
• Identify the deadline track. Initial pleading under § 1446(b)(1), or later paper under § 1446(b)(3). Note: Circuits generally look to the papers rather than the defendant's knowledge. Harris v. Bankers Life & Casualty Co., 425 F.3d 689 (9th Cir. 2005); Walker v. Trailer Transit, Inc., 727 F.3d 819 (7th Cir. 2013); Moltner v. Starbucks Coffee Co., 624 F.3d 34 (2d Cir. 2010). If you have a basis now, the safer course is to act.
• For a later-arising diversity removal, check the voluntary-involuntary rule. A court's dismissal of the nondiverse party over the plaintiff's objection generally does not open the door. Poulos v. Naas Foods, Inc., 959 F.2d 69 (7th Cir. 1992).
• Check the one-year bar and any bad-faith facts. § 1446(c)(1), (c)(3)(B).
• Advise on the standing boomerang. If the plan is to attack standing, remand may result. Collier v. SP Plus Corp., 889 F.3d 894 (7th Cir. 2018).
• Advise on Royal Canin exposure. If a federal claim is the only basis, the plaintiff can delete it and force remand. Royal Canin U.S.A., Inc. v. Wullschleger, 604 U.S. 22 (2025).

Days 5 to 10

• List every defendant, and whether each has been properly joined and served. Check the docket and ask counsel.
• Obtain consent from each served defendant in a form that satisfies your circuit. § 1446(b)(2)(A). Note: Compare Getty Oil Corp. v. Insurance Co. of North America, 841 F.2d 1254 (5th Cir. 1988), requiring a timely written indication from each, with Mayo v. Board of Education of Prince George's County, 713 F.3d 735 (4th Cir. 2013), accepting counsel's representation. Separate signed consents satisfy both.
• If any served defendant is a forum citizen, stop unless the removal can rest on another basis or improper joinder. § 1441(b)(2).
• For a snap removal, confirm circuit law, complete diversity, and an actual filed case. M & B Oil, Inc. v. Federated Mutual Insurance Co., 66 F.4th 1106 (8th Cir. 2023); Casola v. Dexcom, Inc., 98 F.4th 947 (9th Cir. 2024).
• Do not make or break a commitment on service without telling the other side. Encompass involved an open disclosure. Courts dislike surprise.
• For improper joinder, gather evidence and note the circuit's standard. Smallwood v. Illinois Central Railroad Co., 385 F.3d 568 (5th Cir. 2004) (en banc); Skidmore v. Schinke, No. 25-1436 (4th Cir. Mar. 30, 2026).
• Advise the client in writing on the Hain Celestial risk, including that any later judgment depends on the joinder ruling surviving appeal.

Red flag: A defendant cannot wait to see how state court goes. Enbridge removed on day 887 after a helpful ruling in a related federal case, and lost. Enbridge.

Phase 5: Preparing and filing (defendant, days 10 to 25)

• Draft the notice with a short and plain statement of grounds, signed under Rule 11. § 1446(a).
• State each party's citizenship on both the filing and removal dates.
• Allege amount in controversy plausibly, and have proof ready. Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81 (2014); § 1446(c)(2)(B).
• State every removal ground you intend to rely on. After 30 days, amendments generally fix allegations but do not add new grounds. 28 U.S.C. § 1653. Note: Wright & Miller's § 3733 discusses the limits and the cases that go the other way.
• Include the timeliness calculation, with dates.
• Attach all process, pleadings, and orders served on the defendant.
• Attach consents and any declarations.
• Prepare the civil cover sheet and Rule 7.1 statement. Fed. R. Civ. P. 7.1.
• Check the local rule and the assigned judge's standing orders for docket sheets, separate notices, and courtesy copies.
• File in the district and division embracing the state court. 28 U.S.C. § 1441(a); Polizzi v. Cowles Magazines, Inc., 345 U.S. 663 (1953).
• Promptly give written notice to all adverse parties, and file a copy with the state court clerk. § 1446(d). Do this the same day.
• Confirm receipt by the state clerk. Removal is not effected until then, and state proceedings must stop afterward.

Red flag: A federal filing does not itself stop a state default. Complete § 1446(d) the same day, and confirm it.

Phase 6: After removal (defendant, first two weeks)

• Calendar the response deadline under Fed. R. Civ. P. 81(c)(2). Longest of 21 days from receipt, 21 days from service, or 7 days from the notice.
• Decide on a Rule 12 motion. Removal does not waive defenses. Danziger & De Llano, LLP v. Morgan Verkamp LLC, 948 F.3d 124 (3d Cir. 2020); Fed. R. Civ. P. 12. See the Answer and Affirmative Defenses Checklist: A Practical Checklist.
• File a jury demand if there is any doubt. Rule 81(c)(3); Rule 38. Note: A proposed amendment removes the state-law exemption. Check the rule in force.
• Complete service on any unserved defendant. 28 U.S.C. § 1448.
• If you won a contested improper-joinder ruling, consider Rule 54(b) or § 1292(b) relief. Fed. R. Civ. P. 54(b); 28 U.S.C. § 1292(b); Hain Celestial n.3; see the Interlocutory Appeal Checklist: A Practical Checklist.
• Supplement the Rule 7.1 statement if a change could affect jurisdiction.

Phase 7: Moving to remand (plaintiff)

• Calendar 30 days from the notice's filing date. 28 U.S.C. § 1447(c). Note: If a removal was premature, the clock may not have started, as in Casola; do not rely on that.
• Sort your grounds. Late notice, missing consent, forum-defendant rule, and the one-year bar generally must be raised within 30 days. Lively v. Wild Oats Markets, Inc., 456 F.3d 933 (9th Cir. 2006); Holbein v. TAW Enterprises, Inc., 983 F.3d 1049 (8th Cir. 2020) (en banc).
• File promptly even on jurisdictional grounds. Hain Celestial credited the plaintiffs' prompt motion.
• Hold the removing party to its burden. It must prove the jurisdictional facts. McNutt v. General Motors Acceptance Corp., 298 U.S. 178 (1936).
• Challenge missing LLC members and "residence" allegations.
• Seek jurisdictional discovery if the citizenship facts are contested. Limited discovery is available on a factual challenge. Lincoln Benefit.
• Request fees and costs in the motion, tied to a specific failure. Martin v. Franklin Capital Corp., 546 U.S. 132 (2005). See the Fee Shifting and Litigation Cost Recovery Toolkit.
• If the sole basis is a federal claim, decide whether to amend it out. Fed. R. Civ. P. 15(a); Royal Canin. Note: In the Ninth Circuit, a joint stipulation dismissing federal claims may have the same effect. Walker v. Arizona, No. 24-1806 (9th Cir. Oct. 22, 2025). A dropped claim may not be recoverable.
• To add a nondiverse defendant, move under § 1447(e), not Rule 15 alone. Address the factors in Hensgens v. Deere & Co., 833 F.2d 1179 (5th Cir. 1987), and Mayes v. Rapoport, 198 F.3d 457 (4th Cir. 1999).
• Do not expect a post-removal damages cap to work. Royal Canin n.8; St. Paul Mercury.
• If remand is denied, preserve the objection and renew it at each stage. A settlement or a dismissal you ask for may end the issue.

Red flag: A motion based on a procedural defect filed on day 31 is too late, whatever its merit, unless the notice itself was ineffective.

Phase 8: Opposing remand (defendant)

• Check timeliness of the motion against § 1447(c). Argue waiver of any procedural ground raised late.
• File declarations on citizenship and any evidence on amount. Dart Cherokee; Hertz.
• Do not rely on new grounds not stated in the notice. If allegations need correcting, seek leave under § 1653.
• Consider consent to remand if a plain defect exists. It may avoid a fee award under Martin.
• Do not argue both that the court has jurisdiction and that the plaintiff lacks standing. Collier; Polo v. Innoventions International, LLC, 833 F.3d 1193 (9th Cir. 2016).
• Know the review rules. Remand orders are generally unreviewable, 28 U.S.C. § 1447(d); Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (2007). In a § 1442 or § 1443 case, the whole order is reviewable. BP p.l.c. v. Mayor & City Council of Baltimore, 593 U.S. 230 (2021).
• Distinguish a discretionary § 1367(c) remand, which is reviewable. Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635 (2009).

Phase 9: A jurisdictional defect found late (both sides)

Confirm and disclose

• Get dated records establishing the fact on the filing date.
• Tell the client what it means and what it costs.
• Bring the issue to the court. A party cannot waive it, and the court must act on it. Fed. R. Civ. P. 12(h)(3); Capron v. Van Noorden, 6 U.S. 126 (1804); Mansfield, Coldwater & Lake Michigan Railway Co. v. Swan, 111 U.S. 379 (1884).
• Do not ask a court to overlook it. Belleville Catering; Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998).

Fit the problem to a cure

• Allegations wrong, facts right: amend. 28 U.S.C. § 1653; Newman-Green.
• Dispensable nondiverse party: move to drop it, if the plaintiff asks or consents. Fed. R. Civ. P. 21; Newman-Green. Note: A defendant cannot use Rule 21 to oust a properly joined nondiverse codefendant over the plaintiff's objection. Hain Celestial. Check Rule 19 before relying on dispensability.
• Nondiverse party leaves for good before judgment, by consent or settlement: confirm the dismissal is final. Caterpillar Inc. v. Lewis, 519 U.S. 61 (1996).
• Party's own citizenship changed after filing: no cure. Grupo Dataflux.
• Federal claim dismissed by the court: not a defect. Supplemental jurisdiction remains, subject to § 1367(c).
• On appeal, raise the issue at once, and offer the record the panel needs. Mitchell v. Maurer, 293 U.S. 237 (1934).

Protect what you can

• Run limitations immediately. § 1367(d); state savings statutes. See the Statute of Limitations Diary Checklist: A Practical Checklist.
• In a removed case, confirm that remand, not dismissal, is the disposition. § 1447(c).
• Negotiate reuse of discovery and stipulated facts in the next forum.
• Address costs. 28 U.S.C. § 1919 lets the court order just costs on a dismissal for lack of jurisdiction, and Belleville Catering shows a court placing the cost on counsel.
• Check transfer. 28 U.S.C. § 1631 applies only if another federal court would have had jurisdiction.

After final judgment

• Check whether direct review remains open. Once it ends, collateral attack is sharply limited. Chicot County Drainage District v. Baxter State Bank, 308 U.S. 371 (1940); Travelers Indemnity Co. v. Bailey, 557 U.S. 137 (2009).
• A Rule 60(b)(4) motion needs a total lack of even an arguable basis for jurisdiction. United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010); Fed. R. Civ. P. 60(b)(4).

Red flag: A winning party who keeps quiet about a known defect gains nothing. The defect stays alive through appeal, and courts have placed the wasted cost on counsel.

This checklist is general information and not legal advice for a specific situation.

Related Documents

Related Articles

• Federal Subject-Matter Jurisdiction: Arising Under, Diversity, Supplemental Claims, and the Defect That Never Waives: the doctrine behind these tasks.

Related Guides

• Getting Into or Staying Out of Federal Court: A Practical Guide to Jurisdiction and Removal: the steps in narrative form, with worked examples.
• Bringing or Defending a Civil Computer Fraud and Abuse Act Claim: A Practical Guide: relevant when a CFAA count is the sole federal basis.

Related Checklists

• CAFA Removal and Remand Checklist: A Practical Checklist: the class action counterpart.
• Declaratory Judgment Checklist: A Practical Checklist: for declaratory claims.
• Standing and Justiciability Checklist: A Practical Checklist: the Article III checks.
• Answer and Affirmative Defenses Checklist: A Practical Checklist: the response due right after removal.
• Interlocutory Appeal Checklist: A Practical Checklist: for early review of a joinder ruling.
• Statute of Limitations Diary Checklist: A Practical Checklist: for protecting claims when a case is dismissed.
• Competitor Hire Trade Secret Checklist: A Practical Checklist: where a federal trade secret claim may set the forum.

Related Toolkits

• Federal Jurisdiction Toolkit: Notices of Removal, Remand Motions, and Jurisdictional Allegations: the forms these tasks call for.
• Fee Shifting and Litigation Cost Recovery Toolkit: fee requests under § 1447(c) and beyond.