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Remand

 
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The term remand may be used to describe an action by an appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 in which it remands, or sends back, a case to the trial court
Trial court

A trial court or court of first instance is a court in which trials take place.A trial court of general jurisdiction is authorized to hear any type of Civil law or Criminal law Legal case that is not committed exclusively to another court....
 or lower appellate court for action.

For example, if the trial judge committed a procedural error, failed to admit evidence
Evidence (law)

The law of evidence governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
 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
Lower court

Lower court has several meanings:* In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an court of appeals lower in rank than the superior court which is hearing the appeal....
 for retrial or other action.






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The term remand may be used to describe an action by an appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 in which it remands, or sends back, a case to the trial court
Trial court

A trial court or court of first instance is a court in which trials take place.A trial court of general jurisdiction is authorized to hear any type of Civil law or Criminal law Legal case that is not committed exclusively to another court....
 or lower appellate court for action.

For example, if the trial judge committed a procedural error, failed to admit evidence
Evidence (law)

The law of evidence governs the use of testimony and exhibit s or other documentary material which is admissible in a dispute resolution ....
 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
Lower court

Lower court has several meanings:* In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an court of appeals lower in rank than the superior court which is hearing the appeal....
 for retrial or other action.

A case is said to be "remanded" when the superior court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 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
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
. 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
Sentence (law)

In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of prison, a Fine and/or other punishments against a defendant conviction of a crime....
 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 remanded on such ground, 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
State court

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. Cases are heard before and evidence is presented in a trial court, which is usually located in a courthouse in the county seat....
 and the defendant
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
 petitions to "remove" 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 improperly.

See also

  • Remand (imprisonment)
  • Criminal justice
    Criminal justice

    Criminal justice is the system of practices, and organizations, used by national and local governments, directed at maintaining social control, Deterrence and controlling crime, and sanctioning those who violate laws with criminal penalties....