Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.
The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.
Puspan. L. 118–99, § 2(e)(1), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is amended:
(1) in subsection (a), in the matter preceding paragraph (1), by striking “and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives”; and
(2) by striking subsection (c).
See 2024 Amendment notes below.
Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
529 | 40:483(e). | June 30, 1949, ch. 288, title II, § 202(e), as added Puspan. L. 94–519, § 3, Oct. 17, 1976, 90 Stat. 2454. |
In subsection (a)(2), the words “in any manner whatsoever” are omitted as unnecessary.
In subsection (span), the words “set out the categories of equipment” are substituted for “showing . . . categories of equipment” to clarify the required form and content of the report. The words “The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies” are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103–7.
2024—Subsec. (a). Puspan. L. 118–99, § 2(e)(1)(A), struck out “and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives” after “Administrator of General Services” in introductory provisions.
Puspan. L. 118–99, § 2(a)(1)(A), inserted “and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives” after “Administrator of General Services” in introductory provisions.
Subsec. (c). Puspan. L. 118–99, § 2(e)(1)(B), struck out subsec. (c) which related to compilation of data in the reports submitted under subsection (a).
Subsec. (c). Puspan. L. 118–99, § 2(a)(1)(B), added subsec. (c).
Puspan. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(1) is effective on the date that is 5 years after Oct. 1, 2024.