Remand (court procedure)

The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action.

For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses which the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.^[1]

A case is said to be "remanded" when the superior court returns or sends back the case to the lower court. Also, a court may be said to retry the case "on remand."

United States

A remand may be a full remand, essentially ordering an entirely new trial. Alternatively, it may be "with instructions" specifying, for example, that the lower court must have considered alternative theories or evidence not entertained at trial. It may be a partial remand as when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase. The appellate court may remand a case, upon concluding that the lower court not only made a mistake, but also did not adjudicate issues that must now be considered. When the appellate court remands on such grounds, the lower court's decision is "reversed and remanded."

A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may "remand" the case to state court. Here, the federal court is not an appellate court as in the case above, and the case was remanded, not because the state court did anything erroneous, but the removal to the federal court was granted.

Notes and references

^ http://www.thelawencyclopedia.com/term/remand. URL accessed 13-April-2007.

[1] ttp://www.thelawencyclopedia.com/term/remand. URL accessed 13-April-2007.

[1]

United States

See also

Notes and references