US federal district courts
What is the deadline to remove a case from state court to federal court?
A defendant normally must file the notice of removal within 30 days after receiving, through service or otherwise, a copy of the initial pleading. Each later-served defendant has its own 30 days. If the case only later becomes removable, the 30 days run from receipt of the paper that first shows removability. A motion to remand for a defect other than lack of subject-matter jurisdiction must be made within 30 days after the notice of removal is filed.
Calculate my deadline- Period
- 30 calendar days
- Trigger
- Receipt of the initial pleading or later paper, or filing of the notice of removal
- Rule
- 28 USC 1446(b)(1)
28 USC 1446 and 1447, current text checked September 16, 2026, counted under the Federal Rules of Civil Procedure
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Calculate your deadline
Enter the date of receipt of the initial pleading or later paper, or filing of the notice of removal. See the date, cited rule and counting steps.
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Which date starts the 30-day period?
The period runs from the receipt of the initial pleading or later paper, or filing of the notice of removal. The default calculation uses receipt by the defendant, through service or otherwise, of a copy of the initial pleading, or service of the summons where the initial pleading is not required to be served; other branches use their own trigger.
Count forward from the selected trigger. Confirm the event on the docket or in the service record before entering a date.
Read 28 USC 1446The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
28 USC 1446(b)(1)
This period runs from receipt as the rule defines it, which can differ from the formal service date. Confirm which event the rule uses before entering a date.
Which date do I enter?How are the 30 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count 30 calendar days. FRCP 6(a) governs computation once the case is in federal court and is applied here throughout.
A final Saturday, Sunday or legal holiday moves to the next open day under FRCP 6(a)(1)(C).
Rule 6(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the filing cutoff at midnight in the court’s time zone for electronic filing. The national calculation does not confirm those local facts.
Read FRCP 6(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the receipt of the initial pleading or later paper, or filing of the notice of removal on Tuesday, September 1, 2026 (the defendant received the served complaint on this date and the case was removable on its face), with no order, motion, extension or local closure affecting the result. The receipt date is excluded and 30 calendar days are counted. October 1, 2026 is a Thursday and not a federal legal holiday, so the calculator does not roll the deadline forward.
| Step | What is counted | Date |
|---|---|---|
| Receipt | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 30 | Ordinary deadline in this example | October 1, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- NOT EXTENDABLE. The 30 days is a strict statutory limit; the district court has no power to enlarge it, though it is a procedural rather than jurisdictional defect and is therefore waivable by the plaintiff if not raised within 30 days of removal under 28 USC 1447(c).
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- A diversity case cannot be removed under 1446(b)(3) more than one year after commencement unless the plaintiff acted in bad faith.
- Where the initial pleading is not required to be served, the period runs from service of the summons.
- Consent of all properly joined and served defendants is a separate requirement for 1441(a) removal.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 30-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the receipt of the initial pleading or later paper, or filing of the notice of removal, or when I first learned of it?
The period runs from the receipt of the initial pleading or later paper, or filing of the notice of removal as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Read 28 USC 1446Do I add three days because the document arrived by mail?
Not to this period. FRCP 6(d) concerns periods measured after service. This period runs from the receipt of the initial pleading or later paper, or filing of the notice of removal, so no mailing days are added.
FRCP 6(d)Counting days and filing
Is it 30 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it forward to the next day that is not one of those.
FRCP 6(a)Which time zone and filing cutoff apply?
Under FRCP 6(a)(4), electronic filing ends at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact.
FRCP 6(a)What if the court is inaccessible on the last day?
FRCP 6(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the court’s closure notices and orders. A national holiday calculation does not establish an outage or local closure.
FRCP 6(a)Extensions and local rules
Can the court extend this deadline?
NOT EXTENDABLE. The 30 days is a strict statutory limit; the district court has no power to enlarge it, though it is a procedural rather than jurisdictional defect and is therefore waivable by the plaintiff if not raised within 30 days of removal under 28 USC 1447(c). A request does not itself extend the period, and no discretionary extension is calculated here.
Read 28 USC 1446Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| 28 USC 1446(b)(1) | Trigger and period |
| FRCP 6(a) | Counting, legal holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.