| Chapter 2: Jurisdiction II. Pleading Requirements The burden of pleading and demonstrating subject-matter jurisdiction rests on the party invoking federal jurisdiction. Thus, a federal court plaintiff must make in the complaint “a short and plain statement of the grounds upon which the court’s jurisdiction depends.”/1/ Likewise, a defendant who removes a case from state court must allege the basis of federal jurisdiction in the notice of removal. By contrast, most state courts of general jurisdiction are presumed to have jurisdiction over all civil actions unless such jurisdiction is specifically prohibited. As a result, plaintiffs typically do not need to plead or prove the existence of subject-matter jurisdiction in state court./2/ Failure to plead properly the existence of jurisdiction may be cured by amendment. Indeed, 28 U.S.C. § 1653 provides that such amendment may occur in the trial or appellate courts. Because federal courts lack power to act without subject-matter jurisdiction, defendants may not waive objections to jurisdiction and may move to dismiss on jurisdictional grounds at any time./3/ Moreover, both trial and appellate courts may raise subject-matter jurisdiction issues sua sponte./4/ 1. Fed. R. Civ. P. 8(a)(1). Plaintiffs do not need to plead specifically the existence of federal court jurisdiction as long as they plead sufficient facts to establish 28 U.S.C. § 1331 jurisdiction. See Andrus v. Charlestone Stone Products Co., 436 U.S. 604, 608 n.6 (1978); Radici v. Associated Insurance Companies, 217 F.3d 737, 740 (9th Cir. 2000); Jensen v. Schweiker, 709 F.2d 1227, 1229 (8th Cir. 1983). But the better practice is to comply with the technical requirements of Federal Rule of Civil Procedure 8(a)(1) and explicitly state the basis of federal court jurisdiction. 2. See Section IX of this chapter for a discussion of state court jurisdiction over federal claims. 3. See Fed. R. Civ. P. 12(h)(3). 4. Id. (“Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.”). |