When does the one-year limit on later-removable diversity cases expire?

Section 1446(c)(1) ordinarily bars the specified section 1446(b)(3) diversity removal more than one year after commencement of the state action. Establish commencement under the relevant state law. This outer cap does not replace the separate thirty-day later-paper clock or decide the judicial bad-faith exception.

Responsible actor. The defendant seeking removal of the specified later-removable diversity case.

Identify the state action and determine its legal commencement date under that state’s governing law. Filing and service do not universally mean the same thing. The calculator does not resolve state commencement law.

Confirm the case was initially not removable and the proposed removal falls under section 1446(b)(3) on diversity grounds. Do not apply this particular cap indiscriminately to all removals.

Count the ordinary anniversary from the established commencement date. Separately calculate the thirty-day period from the first qualifying later paper, because that period may expire earlier.

The ordinary section 1446(c)(1) cap for a case removed under section 1446(b)(3) on section 1332 diversity jurisdiction. Use an established non-February-29 state commencement date. The calculation is an outer cap, not permission to remove throughout the year.

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.

Use a calendar anniversary for the established non-February-29 commencement date. Do not substitute 365 days, which can differ when a leap day intervenes. Apply FRCP 6(a)(1) to the ordinary final day, and calculate the separate section 1446(b)(3) thirty-day period.

FRCP 6(a)(6) includes the listed federal holidays, holidays declared by the President or Congress and, for forward periods, holidays declared by the state where the district court sits. Actual clerk inaccessibility has its separate Rule 6(a)(3) treatment unless the court orders otherwise. Verify local closures and orders rather than assuming the national calendar proves them.

Fictitious example

Assume the applicable state law establishes commencement on June 10, 2025. The case becomes removable later under section 1446(b)(3) on diversity grounds, outside CAFA, without a bad-faith finding.

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

Judicial bad-faith exception

The statute permits an exception where the district court finds the plaintiff acted in bad faith to prevent removal. A defendant’s allegation does not itself establish that finding.

Concealed amount in controversy

A judicial finding that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal is deemed bad faith under subsection (c)(3)(B).

CAFA exclusion

Section 1453(b) expressly removes the section 1446(c)(1) one-year limitation for class actions within that provision. Establish coverage and its exceptions before choosing a cap.

Leap-day and disputed commencement excluded

This draft does not decide a February 29 anniversary, relation-back dispute, substituted action or contested state commencement event. Establish the legal trigger and any exceptional anniversary treatment separately.

• The ordinary section 1446(c)(1) cap for a case removed under section 1446(b)(3) on section 1332 diversity jurisdiction. Use an established non-February-29 state commencement date. The calculation is an outer cap, not permission to remove throughout the year.
• This is a one-year outer cap from commencement. It is not the thirty-day service or later-paper period and does not resolve a bad-faith exception.

• Identify the correct state action and independently establish commencement under its governing law.
• Confirm later removability under section 1446(b)(3) and the applicable section 1332 basis.
• Exclude qualifying section 1453 class-action removal from this one-year model.
• Check any actual bad-faith finding rather than an allegation alone.
• Calculate the separate thirty-day qualifying-paper period.
• Use the earlier applicable ordinary limit, subject to actual legal exceptions.
• Check federal filing requirements, local closures and the section 1446(d) follow-up notices.
• Unless a statute, local rule or order sets a different time, district-court electronic filing ends at midnight in the court’s time zone. Other filing ends when the clerk’s office is scheduled to close. Check actual filing acceptance, required attachments, service and applicable orders.