US · rules
S.D.N.Y. Local Civil Rule 81.1
Removal of Cases from State Courts
If the court’s jurisdiction is based on diversity of citizenship, and regardless of whether
or not service of process has been effected on all parties, the notice of removal must set
forth:
(a) in the case of each individual named as a party, that party’s residence and
domicile and any state or other jurisdiction of which that party is a citizen for
purposes of 28 U.S.C. § 1332;
(b) in the case of each party that is a partnership, limited liability partnership,
limited liability company, or other unincorporated association, like
information for all of its partners or members, as well as the state or other
jurisdiction of its formation;
(c) in the case of each party that is a corporation, its state or other jurisdiction of
incorporation, principal place of business, and any state or other jurisdiction
of which that party is a citizen for purposes of 28 U.S.C. § 1332;
(d) in the case of an assigned claim, corresponding information for each original
owner of the claim and for each assignee; and
(e) the date on which each party that has been served was served.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
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.
Provenance
- Source
- www.nysd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
b7b9c4e6e547de1739972cdc2da224a7a2c7df0e7bc42a4a7f9851be3d57031b
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