H.R.6560 - Removal Clarification Act of 2010

To amend title 28, United States Code, to clarify and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, and for other purposes. view all titles (3)

All Bill Titles

  • Official: To amend title 28, United States Code, to clarify and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, and for other purposes. as introduced.
  • Short: Removal Clarification Act of 2010 as introduced.
  • Short: Removal Clarification Act of 2010 as passed house.

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Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
12/21/10
 
12/22/10
 
 
 
 
 

Official Summary

Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appr

Official Summary

Removal Clarification Act of 2010 - Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court. Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding. Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled \"Budgetary Effects of PAYGO Legislation\" for this Act, provided that such statement has been submitted prior to the vote on passage.

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