The Forum Selection, Removal, and Remand Toolkit

Litigation > Jurisdiction, Venue, and Removal | Published 25 October 2024 - Updated 4 August 2026 | UpLaw - uplaw.us

What Is In This Toolkit

Seventeen working documents. Use them with the checklist for sequence, the guide for the governing standards, and the article for orientation.

⚠️ Deadlines override everything here. Thirty days from service to remove under 28 U.S.C. § 1446; thirty days from removal to move to remand on procedural grounds under 28 U.S.C. § 1447; one year from commencement in a diversity case.

Tool 1 — Citizenship Worksheet

Complete before filing and before removing. Attach it to the file; you will use it three times.

Party	Type	Citizenship	Source	Traced?
Acme Foods, Inc.	Corporation	DE (incorporation) + OH (PPB)	SOS filing; 10-K; website "HQ"	✓
Northgate Holdings LLC	LLC	Members: J. Rivera (TX); Bay Fund LP	SOS; membership certificate	Incomplete — trace Bay Fund LP partners
Bay Fund LP	LP	GP: Bay GP LLC; LPs: ?	LP agreement § 2	Pending
M. Chen	Individual	NV (domicile)	License, registration, tax return	✓

Rule: an entry is not complete until every layer resolves to a natural person or a corporation. Rule: measure at filing and, for a removed case, at both filing and removal.

Tool 2 — Contacts Worksheet (Personal Jurisdiction)

Contact category	Present?	Evidence	Relates to claim?
Incorporated / headquartered in forum			General jurisdiction
Registered to do business; consent statute?		SOS filing; statute text	Post-Mallory
Offices, employees, or agents in forum
Real or personal property in forum
Bank accounts in forum
Sales into forum (volume, share of revenue)		Invoices, shipping
Forum-specific advertising or targeting		Screenshots, ad spend
Contracts performed in forum		Contract §§
In-person visits related to the claim		Travel records
Communications directed into forum		Email, calls
Sales tax registration or collection
Prior suits filed by defendant in forum		Dockets

Rule: the contacts must be the defendant's own, not the plaintiff's, per Walden. Rule: general jurisdiction requires being "at home" under Goodyear and BNSF — not merely substantial business.

Tool 3 — Notice of Removal

UNITED STATES DISTRICT COURT — [DISTRICT AND DIVISION] [PLAINTIFF] v. [DEFENDANT] — Case No. ____

NOTICE OF REMOVAL

Defendant [NAME] removes this action from the [STATE COURT] to this Court pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, and states:

1. The state court action. Plaintiff filed this action on [date] in [court], Case No. []. Copies of all process, pleadings, and orders served upon Defendant are attached as Exhibits A–[]. 2. Timeliness. Defendant was served on [date]. This Notice is filed within 30 days of service and within one year of commencement. 28 U.S.C. § 1446(b), (c). 3. Citizenship of Plaintiff. Plaintiff is a citizen of [STATE] because [domicile facts / incorporation and principal place of business]. 4. Citizenship of Defendants. [Trace every entity to natural persons or corporations. One paragraph per defendant.] 5. Complete diversity. No plaintiff shares citizenship with any defendant. 6. Forum defendant rule. No properly joined and served defendant is a citizen of [FORUM STATE]. 28 U.S.C. § 1441(b)(2). 7. Amount in controversy. The amount in controversy exceeds $75,000 exclusive of interest and costs because [itemization / pre-suit demand of $___ / contract sum of $___ / statutory penalties of $___ / recoverable fees]. See Declaration of [], Exhibit []. 8. Consent. All defendants properly joined and served consent to removal. Written consents are attached as Exhibits [__]. 9. Venue. This district and division embrace the place where the state action is pending. 28 U.S.C. § 1441(a). 10. Notice. Written notice is being given to all adverse parties and a copy filed with the state court clerk. 28 U.S.C. § 1446(d). 11. Reservation. Defendant reserves all defenses, including those under Rule 12, and does not waive any by removing.

Tool 4 — Consent to Removal

"Defendant [NAME], by counsel, states that it was served on [date] and that it consents to and joins in the Notice of Removal filed by [DEFENDANT] on [date]. This consent is filed pursuant to 28 U.S.C. § 1446(b)(2)(A) and does not waive any defense, including those under Rule 12(b)."

⚠️ Obtain a signed consent from each properly joined and served defendant, or state their consent in the notice with a representation by their counsel. Consent by an unserved defendant is unnecessary; consent purportedly given by counsel who does not represent that defendant is a defect.

Tool 5 — Amount in Controversy Declaration

"I am [title] of [Defendant] and have personal knowledge of the following.

1. The contract at issue provides for payments totaling $[__] over [term]. Exhibit A.
2. Plaintiff's pre-suit demand letter of [date] sought $[__]. Exhibit B.
3. Plaintiff seeks to enjoin [conduct]. Ceasing that conduct would cost [Defendant] approximately $[__] annually, calculated as [method].
4. Plaintiff seeks statutory penalties of $[] per violation and alleges [] violations.
5. The agreement provides for attorney's fees to the prevailing party at § [__]."

⭐ A declaration beats argument. Courts remand for a bare assertion and award fees under 28 U.S.C. § 1447(c) when the removal had no objectively reasonable basis.

Tool 6 — Motion to Remand

I. Introduction. This case belongs in [state court] because [the single clearest defect]. II. Standard. The removing party bears the burden of establishing federal jurisdiction, and all doubts are resolved in favor of remand. 28 U.S.C. § 1447(c). III. Argument. A. Untimely. Defendant was served on [date]; the notice was filed [n] days later. B. Missing consent. Defendant [] was served on [date] and did not join or consent. C. Forum defendant. Defendant [], a citizen of [forum state], was properly joined and served before removal. § 1441(b)(2). D. Incomplete citizenship. The notice alleges that [LLC] is a citizen of [state] but does not identify its members, as required. E. Amount not established. The notice asserts the threshold without evidence; the complaint pleads $[]. F. No federal question. The complaint pleads only state-law claims; a federal defense does not support removal. IV. Fees. Removal lacked an objectively reasonable basis because [reason]. Plaintiff seeks $[] in fees and costs under § 1447(c), supported by the declaration of counsel. V. Conclusion. Remand to [court], and award fees.

Tool 7 — Rule 12(b)(2) Motion Outline and Supporting Declaration

Motion outline I. The Court lacks personal jurisdiction over [Defendant]. II. [Defendant] is not at home in [forum]: it is incorporated in [] and headquartered in []. Goodyear; BNSF. III. [Defendant] has no contacts with [forum] out of which this claim arises: [list absences]. IV. Plaintiff's residence in the forum cannot supply contacts. Walden. V. Exercising jurisdiction would be unreasonable: [burden; forum interest; efficiency]. VI. In the alternative, transfer under 28 U.S.C. § 1406 or § 1631.

Declaration (from an officer, not counsel) "1. I am [title] of [Defendant] and have personal knowledge of its operations and records. 2. [Defendant] is incorporated in [state] and its headquarters, where its officers direct and control operations, is at [address]. 3. [Defendant] is not registered to do business in [forum] and has no registered agent there. 4. [Defendant] owns no real or personal property in [forum] and maintains no office, employee, or bank account there. 5. In [years], [Defendant]'s sales to customers in [forum] were $[], representing []% of total revenue. 6. [Defendant] does not advertise in [forum], does not maintain a forum-specific website, and does not ship directly to [forum]. 7. [Defendant] had no communications with Plaintiff in or directed to [forum] regarding [subject]."

⚠️ Specific numbers win. A declaration that says "minimal" or "not substantial" invites jurisdictional discovery and often produces it.

Tool 8 — Jurisdictional Discovery Requests

Serve narrow, targeted requests. Overbroad demands are denied.

Interrogatories

1. State the total revenue derived from sales to customers located in [forum] for each of the last five years.
2. Identify each employee, agent, or independent contractor who performed services in [forum] during [period].
3. Identify each contract performed in whole or in part in [forum] during [period].
4. Describe all advertising or marketing directed at residents of [forum], including media, spend, and dates.
5. State whether You are registered to do business in [forum] and identify Your registered agent.
6. Identify each visit by Your personnel to [forum] relating to the transactions alleged.

Requests for production

1. Documents sufficient to show sales, shipments, and customers in [forum] for [period].
2. Marketing plans, media buys, and analytics reports referencing [forum].
3. Contracts with [forum] residents or entities relating to [subject].
4. Organizational documents identifying members or partners, for citizenship tracing.

Deposition — a Rule 30(b)(6) notice limited to forum contacts, corporate structure, and citizenship, two hours.

Tool 9 — Section 1404 Transfer Motion Outline

I. Threshold. This action might have been brought in [proposed district] because [venue and personal jurisdiction]. II. Forum selection clause (if any). The clause at § [] is mandatory and covers these claims. Plaintiff's choice therefore receives no weight and private-interest factors are treated as waived. III. Private factors. Sources of proof are located in []; non-party witnesses [names] reside in [] and are outside the 100-mile subpoena range of Rule 45; cost of attendance; practical trial problems. IV. Public factors. Median time to disposition; local interest in []; familiarity with [state] law; jury burden. V. Choice of law. [If ordinary § 1404: the transferee applies transferor choice-of-law rules; if clause-based: it does not.] VI. Relief. Transfer under 28 U.S.C. § 1404(a).

Tool 10 — Forum Non Conveniens Outline

I. An adequate alternative forum exists: [country/court], where Defendant is amenable to process and the claim is cognizable. Defendant consents to jurisdiction there, waives any limitations defense that has arisen since filing, and agrees to satisfy any final judgment. II. Deference. Plaintiff is a [foreign/domestic] litigant; a foreign plaintiff's choice receives less deference. III. Private factors. Evidence and witnesses located abroad; unavailability of compulsory process; translation burden; view of premises. IV. Public factors. Local interest; congestion; the need to apply foreign law; jury burden. V. Conditions. Dismissal should be conditioned as stated in ¶ I, with leave to reinstate if the alternative forum declines the case.

Tool 11 — Drafting Bank: Forum, Consent, Law, and Service Clauses

Four separate clauses. Combining them is the most common drafting error.

Exclusive forum. "Any action or proceeding arising out of or relating to this Agreement, including any claim in tort, statute, or equity, shall be brought exclusively in the state or federal courts located in [County], [State], and the parties irrevocably submit to the exclusive jurisdiction of those courts and waive any objection based on venue or forum non conveniens."

Permissive forum (use only if you mean it). "The parties consent to the jurisdiction of the courts located in [County], [State]. This provision does not preclude either party from bringing an action in any other court of competent jurisdiction."

Governing law. "This Agreement is governed by the laws of the State of [__], without regard to its conflict-of-laws principles."

Service. "Each party irrevocably appoints [Agent, address] as its agent for service of process in any action described above, and agrees that service on that agent constitutes valid service."

Jury waiver. "EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT." (Unenforceable in some states; consider a judicial reference or arbitration alternative there.)

Arbitration carve-out. "Notwithstanding the foregoing, either party may seek injunctive relief in aid of arbitration in the courts identified above without waiving the right to arbitrate."

Tool 12 — Removal Deadline Calculator

Event	Date	Deadline	Authority
Complaint filed (commencement)		+1 year (diversity bar)	§ 1446(c)(1)
Defendant A served		+30 days	§ 1446(b)(1)
Defendant B served		+30 days (own clock)	§ 1446(b)(2)(B)
"Other paper" showing removability received		+30 days	§ 1446(b)(3)
Notice of removal filed		Response due: 7 days or remainder of state period	Rule 81(c)
Notice of removal filed		Remand motion (procedural): +30 days	§ 1447(c)
CAFA remand order entered		Petition for review: +10 days	§ 1453(c)

Tool 13 — Forum Comparison Scorecard

Fill this in before filing. It becomes the memo you send the client and the outline of your opposition to a transfer motion.

Factor	Forum A	Forum B	Forum C
Personal jurisdiction over all defendants?
Subject matter jurisdiction available?
Venue proper?
Governing substantive law (after choice-of-law)
Limitations period for each claim
Damages caps or comparative fault rules
Punitive damages standard
Median time to disposition
Median time to trial
Jury verdict history for this claim type
Judicial experience with the subject matter
Specialized docket available?
Interlocutory appeal availability
Removal risk (if state court)
Cost differential (travel, local counsel)

Tool 14 — FSIA Service and Immunity Worksheet

For any foreign state, political subdivision, agency, or instrumentality.

Step 1 — Classify the defendant under 28 U.S.C. § 1603. Foreign state? Political subdivision? Agency or instrumentality (majority-owned by the state)? Step 2 — Identify the exception you will rely on under § 1605: waiver; commercial activity; expropriation; property acquired by succession or gift; non-commercial tort in the United States. Step 3 — Plead the exception's elements in the complaint. Immunity is presumptive under § 1604. Step 4 — Serve in the statutory order under § 1608: (a) special arrangement; (b) applicable international convention; (c) clerk-transmitted mail to the head of the ministry of foreign affairs; (d) diplomatic channels. Do not skip a step. Step 5 — Calendar the response period — 60 days after service for a foreign state. Step 6 — Plan execution separately under §§ 1609–1611. A judgment is not a collection.

Tool 15 — Meet-and-Confer Script for a Forum Dispute

"Before we brief this, I want to see whether we can narrow it. Our position is that this case has to be in [forum] because of the clause at § 12. Yours, I take it, is that the tort claims fall outside the clause. If we agree to transfer the contract claims and litigate scope on the tort claims only, we save both clients a round of briefing. If not, we will file next week and I wanted you to have the grounds first."

Follow with an email memorializing date, participants, positions, and outcome. That email satisfies most districts' conferral requirements and becomes an exhibit if the dispute later looks manufactured.

Tool 16 — Client Memo Template

Where this case will be heard, and why it matters

1. Our recommendation: file in [court].
2. Why: [law that applies; limitations; damages rules; speed; jury].
3. What the other side will likely do: [remove / move to transfer / move to compel arbitration], and our assessed odds.
4. What that would change: [law, timeline, cost].
5. Cost of the forum fight: $[__] through decision, plus [n] months.
6. Recommendation on whether to fight it: [fight / concede and proceed].

Tool 17 — Authority Quick Card

Subject matter: § 1331 · § 1332 · § 1367 Venue and transfer: § 1391 · § 1404 · § 1406 · § 1631 · § 1407 Removal: § 1441 · § 1442 · § 1443 · § 1446 · § 1447 · § 1453 Sovereigns: § 1602 · § 1604 · § 1605 · § 1608 · § 1610 Arbitration: 9 U.S.C. § 2 · § 16 · § 203 · § 205 Rules: Rule 4 · Rule 12 · Rule 42 · Rule 45 · Rule 81 Cases: International Shoe · World-Wide Volkswagen · Asahi · Burnham · Goodyear · J. McIntyre · Walden · BNSF · Bristol-Myers · Mallory · Grable · Allapattah · Caterpillar · Helmerich & Payne · Cassirer

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