28 USC 1448: Process after removal
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28 USC 1448: Process after removal Text contains those laws in effect on November 21, 2024
From Title 28-JUDICIARY AND JUDICIAL PROCEDUREPART IV-JURISDICTION AND VENUECHAPTER 89-DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
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§1448. Process after removal

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.

(June 25, 1948, ch. 646, 62 Stat. 940 .)

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.