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.
28 U.S.C. § 1448
June 25, 1948, ch. 646, 62 Stat. 940.
HISTORICAL AND REVISION NOTESBased 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.
- State court
- The term "State court" includes the Superior Court of the District of Columbia.