remand | Definition

Doc's CJ Glossary by Adam J. McKee


Course: Introduction

Remand means to send back. When cases are remanded, they are sent back to the lower court by an appellate court for further consideration.

Remand is a legal term that refers to the process of sending a case back to a lower court by an appellate court for further consideration. When a case is remanded, it means that the higher court has found some error or deficiency in the lower court’s decision or proceedings and has ordered that the case be re-examined or retried.

Cases can be remanded for a variety of reasons, including procedural errors, mistakes in fact-finding or interpretation of the law, or for further development of the record. In some cases, the appellate court may remand a case for a new trial, while in other cases, the lower court may be directed to correct a specific issue or provide additional findings.

Remand can occur at various stages of the legal process. For example, a case may be remanded from a state supreme court to a lower state court or from a federal circuit court to a lower district court. In some cases, a case may be remanded multiple times before a final decision is reached.

The purpose of remand is to ensure that the lower court correctly applies the law and addresses any errors or deficiencies identified by the higher court. It allows for a more thorough examination of the case and can result in a more accurate and just decision.

In addition, it provides an opportunity for the parties involved in the case to present additional evidence or arguments that were not considered in the initial decision. This can help ensure that all relevant information is considered in the decision-making process and can increase the likelihood of a fair and just outcome.

Remand is a critical aspect of the legal system that helps ensure that justice is served and that the law is applied correctly. It allows for a second look at a case that may have been decided incorrectly, and it provides an opportunity for the lower court to correct any errors or deficiencies in its decision-making process.

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Last Modified: 04/20/2023

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