Question: can a resident defendant remove to federal court

Answer: Yes, In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right to make the decision on the proper forum. Removal occurs when a defendant files a ``notice of removal'' in the state court where the lawsuit is filed and the federal court to which the defendant would like to remove the case. The elements are: