Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1448 Process after removal
Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 89— - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS › § 1448
Summary
After a case is moved from state court to federal court, the federal court can finish serving any defendants who were not properly given the legal papers or issue new papers, just like if the case had started there. A defendant served after the move still has the right to ask the court to send the case back to state court.
Full Legal Text
Title 28, §1448
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court. This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 83 (Apr. 16, 1920, ch. 146, 41 Stat. 554). Words “district court of the United States” were substituted for “United States Court,” because only the district courts now possess jurisdiction over removed civil and criminal cases. Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1448
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73