Remand is a legal term that refers to the act of sending a case back to a lower court or another authority for further consideration or action. This typically occurs when a higher court finds an error in the original decision or when additional proceedings are necessary to fully resolve the matter. Remand can also refer to the temporary detention of an individual in custody, often pending trial or further legal proceedings. In this context, it means to keep someone in custody until a later date, often due to flight risk or concerns about public safety.
v. to send back.
An appeals court may remand a case to the trial court for further action if it reverses the judgement of the lower court, or after a preliminary hearing, a judge may remand into custody a person accused of a crime if the judge finds that there is reason to hold the accused for trial.
Remand is a legal term that refers to the act of sending a case back to a lower court or administrative agency for further proceedings or reconsideration. It typically occurs when a higher court, such as an appellate court or a superior court, overturns a decision made by the lower court and determines that the case needs to be re-evaluated or reheard.
When a case is remanded, it means that the higher court has concluded that there were errors or deficiencies in the lower court’s decision-making process that require correction or clarification. The lower court is instructed to review the case again, possibly taking into account the guidance provided by the higher court’s decision.
Remand can occur for various reasons, including:
- Errors in the application or interpretation of law.
- Insufficient evidence or procedural irregularities.
- Failure to consider relevant legal arguments or evidence.
- Violations of procedural rights or due process.
In essence, remand gives the lower court an opportunity to address any issues identified by the higher court and to render a new decision based on the corrected or clarified legal principles.
Remand refers to the process of sending a case back to a lower court or administrative agency for further proceedings or reconsideration.
A court may decide to remand a case for various reasons, such as procedural errors, insufficient evidence, or new legal developments that require additional review or clarification.
Any party to a legal proceeding, including plaintiffs, defendants, or government agencies, may request a remand if they believe that the case should be reconsidered or further examined by a lower court or administrative body.
The purpose of remanding a case is to ensure that justice is served by providing parties with an opportunity for a fair and thorough review of the issues, correcting errors or deficiencies in the initial decision, and allowing for the presentation of additional evidence or arguments.
In the remand process, the higher court or reviewing authority issues an order or decision directing the lower court or agency to reconsider specific aspects of the case, address identified issues, or conduct further proceedings as necessary.
In most cases, remand decisions are not final judgments and cannot be directly appealed. However, parties may seek appellate review of the final decision issued after the remand proceedings have concluded.
The original decision issued by the lower court or agency may be set aside or suspended pending the outcome of the remand proceedings. Parties may be required to comply with certain interim measures or directives during the remand process.
Time limits for remand proceedings may vary depending on the jurisdiction, nature of the case, and applicable procedural rules. Courts or administrative agencies may establish deadlines for conducting remand proceedings and issuing decisions.
In some cases, parties may be allowed to present new evidence, arguments, or legal authorities during remand proceedings, particularly if such information was not available or considered during the initial proceedings.
The outcome of remand proceedings may lead to a revised decision, settlement, or dismissal of the case by the lower court or agency. The final resolution of the case will depend on the findings and decisions made during the remand process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 15th April, 2024.
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