When must I file the petition to appeal a removed class action’s remand ruling?

Section 1453(c)(1) allows a qualifying application to the court of appeals not more than ten days after entry of an order granting or denying remand. Under FRAP 5, file the permission petition with the circuit clerk and serve all other district-action parties. Do not replace that petition with a notice of appeal or the court’s separate disposition clock.

Responsible actor. A party filing a permission petition concerning a qualifying removed class action.

Identify the actual grant or denial of remand in a class action covered by section 1453, including its subsection (d) exclusions. This is not a generic appeal from any class-action order.

FRAP 5(a)(2) takes the ten-day period from section 1453(c)(1). The statute does not use the thirty-day ordinary civil notice period for this permission application.

Prepare the Rule 5(b)(1) petition, accompanying order and opinions. Its substantive content must explain why review is authorized and should be permitted.

Use qualifying remand-order entry as the input. Service of the order, a party’s later filing, or an eventual appellate acceptance does not replace that event.

The petition and filing side of section 1453(c)(1) review, after class-action coverage and remand-order entry are established. The companion remand-review page focuses on statutory coverage and the district order; both describe the same application.

1. Identify the governing statutory branch and responsible actor.
2. Establish the operative event from the docket, service evidence or legally determined commencement.
3. Exclude the trigger date and apply only the supported ordinary period.
4. Check the last day, court-specific closures, filing method, orders and every separate controlling clock.

Exclude the established triggering date. Count every calendar day, including intermediate Saturdays, Sundays and holidays. If the final day is a Saturday, Sunday or legal holiday, continue to the next qualifying day under FRAP 26(a)(1). Do not add service days to an entry- or filing-triggered period.

FRAP 26(a)(6) includes its listed federal holidays and holidays declared by the President or Congress. For forward periods, also check state holidays where the challenged district court or the circuit clerk’s principal office is located. Final-day clerk inaccessibility has its separate Rule 26(a)(3) treatment unless the court orders otherwise. The national calendar does not establish those court-specific facts.

Fictitious example

Assume a class action within section 1453 and outside subsection (d). A district order granting remand is entered July 6, 2026.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Statutory coverage first

Section 1453(d) excludes the described actions solely involving covered securities, organizing-state internal-affairs or governance claims, or specified securities rights and obligations.

Rule 5 content and form

FRAP 5(b) requires the facts, question, relief, authorization reasons and specified orders and opinions. Rule 5(c) supplies form, length and copy requirements subject to the stated local-rule and court-permission qualifications.

Acceptance is discretionary

Section 1453(c)(1) states the court of appeals may accept the appeal. A timely petition does not itself establish acceptance or merits success.

Court disposition extensions do not extend the petition

Section 1453(c)(2)–(4) addresses the accepted appeal’s disposition. FRAP 26(b)(1) bars extending the permission-petition period.

• The petition and filing side of section 1453(c)(1) review, after class-action coverage and remand-order entry are established. The companion remand-review page focuses on statutory coverage and the district order; both describe the same application.
• This petition-filing facet and the CAFA remand-order review facet govern one ten-day application. The response after service and the court’s accepted-appeal disposition are different clocks.

• Verify section 1453 coverage and all express exclusions.
• Retain the qualifying entered remand ruling and related opinion.
• Prepare every Rule 5(b)(1) petition item and accompanying document.
• Check Rule 5(c), local form and copies, and the applicable word or page limit.
• File with the circuit clerk and serve all other district-action parties.
• Preserve acceptance or timely receipt and service evidence.
• After any permission grant, check fees and any required bond separately.
• Do not use the accepted-appeal disposition period as extra application time.
• Ordinary appellate electronic filing ends at midnight in the circuit clerk’s principal-office time zone under FRAP 26(a)(4)(B). Ordinary nonelectronic petitions must be received by the circuit clerk under Rule 25(a). Check current local filing requirements, actual inaccessibility, special inmate provisions and orders. Filing does not replace required service.