Section 1448 · Process after removal

Viewing 28 U.S.C. § 1448 as in effect on June 25, 1948.

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

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.

Federal Rules of Civil Procedure

Application of Rules, see rule 81, Appendix to this title.

Cross References

Power of district court to bring before it proper parties, whether or not served with State court process, see section 1447 of this title.