The Law Mind

Removal of Cases from State Courts

E.D.N.Y. Local Civil Rule 81.1

PRE-2024 COMMITTEE NOTE The Committee recommends the deletion of Local Civil Rule 81.1(b), because 28 U.S.C. § 1446(a) already provides that the removing party or parties shall file with the notice of removal “a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.” The Committee recommends that Local Civil Rule 81.1(a) be reworded, in the same manner as Local Civil Rule 26.1, to describe with greater specificity the information needed to assess the presence of diversity jurisdiction. 2024 COMMITTEE NOTE Because the removing party must have a good-faith basis for asserting diversity jurisdiction at the time of removal, the Committee deletes language suggesting that a party may rely on post-removal discovery to establish such jurisdiction. Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026
Official source: https://www.nysd.uscourts.gov/sites/default/files/local_rules/2026-01-02%20-%20EDNY%20and% · retrieved 2026-07-23