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can help on few civ pro questions?

Posted: Mon Dec 10, 2012 12:50 pm
by myung76
1) if someone is an executor of a trst or will, does it affect PJ or SMJ? or is it according to the dead guy?

2) for removal, do federal question cases have to be removed in 30 days?


Re: can help on few civ pro questions?

Posted: Mon Dec 10, 2012 5:05 pm
by wsw15
1) Executor is a citizen of where the deceased was a citizen.

2) I think... Federal cases do have to be removed within 30 days (the 1 year rule would not really be applicable, although, the 1 year rule only limits diversity cases). Also, with Federal Question removal it does not matter if defendant is a citizen of the removal state, which is prohibitory in diversity removal.

Diversity jurisdiction is 30 days as well, but also have one year to remove in the event new factors all of a sudden permit removal, ie an original party blocking diversity drops off- in which cases 30 days from the event, so long as under 1 year from commencement of the suit (the day the notice is recieved, if multiple defendants then the latest date any defendant recieved notice & all defendants must agree). *An exception, under certain circumstances, some districts allow removal outside of 1 year in diversity-class action cases.