What procedural requirement is necessary for a party seeking a remand to state court?

To seek a remand to state court after a case has been removed to federal court, a party must demonstrate that the removal was improper. This requirement is grounded in the principle that removal should only occur in accordance with statutory provisions that allow for such a transfer of jurisdiction. If a party believes that the federal court lacks jurisdiction or that the case was not properly removable based on the parameters set by 28 U.S.C. § 1441 and § 1446, they can file a motion for remand.

The success of such a motion relies on showing that the federal removal was inconsistent with those established legal standards, such as procedural defects, lack of complete diversity, or violations of the removal statute. This allows the state court, which originally had jurisdiction, to reassume the case.

The other options do not correctly capture the necessary procedural requirement for remand. For instance, filing a notice of appeal in federal court pertains to taking an appeal from a federal court decision rather than addressing a remand issue. Similarly, while establishing an agreement among defendants and providing additional evidence of state law might be relevant in different contexts, they are not prerequisites for remanding a case back to state court. Therefore, demonstrating that the removal was improper is the