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Home / Opinion Digests / Date of receipt, not possession, triggers deadline for removal (access required)

Date of receipt, not possession, triggers deadline for removal (access required)

Where the summons and complaint was received at the defendant’s house on Aug. 29, that date started the 30-day clock for removing the case to federal court. Although the defendant argued he was not home on Aug. 29, did not possess the summons and complaint until Sept. 1, and that this later date should start ...