When can a matter be filed in federal court?

Traditionally, you would file in Federal Court for 1 of 2 reasons:

  1. Federal Question – the issue arises out of the Constitution, Treaties or laws of the United States, or
  2. Diversity Jurisdiction – the federal court will hear a matter that would have otherwise been a state court matter in Federal court if 2 requirements are met:
  • Diversity of Citizenship (parties must be citizens of 2 different states, a citizen of the U.S. and a citizen of a foreign nation, or two states.
  • Amount in controversy must exceed $75,000.00*

*Where there is diversity of citizenship, but the amount in controversy is under $75,000.00, the parties must proceed in state court.

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