Remand (court procedure)
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Remand is when higher courts send cases back to lower courts for further action. In the
law of the United States The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
,
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
s remand cases to district courts for actions such as a new trial. Federal appellate courts, including the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of ju ...

Supreme Court
, have the power to "remand cause
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ic
and ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evid ...
, or ruled improperly on a motion. In
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
jurisdictions, remand refers to the adjournment (
continuance In American procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil procedure, civil, lawsuit, criminal pr ...
) of
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as thre ...
proceedings, when the accused is either remanded in custody or on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, ...
. Appellate courts are said to remit matters to lower courts for further consideration.


Details

When the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
grants ''
certiorari In law, ''certiorari'' is a Legal process, court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that t ...
'' and reverses a decision of a state supreme court or a Federal appeals court, it may remand the case. Likewise, an appeals court may remand a case to a trial court. A remand may be a full remand, essentially ordering an entirely new
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at trial. A partial remand occurs when an appellate court affirms a
conviction In law, a conviction is the verdict reached by a court of law finding a defendant Guilty (law), guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", w ...
while directing the lower court to revisit the
sentencing In law Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstand ...
phase of the trial. Finally, it may remand a case upon concluding that the lower court made a mistake and also did not adjudicate issues that must be considered. A federal court may also remand when a
civil case - A lawsuit is a proceeding by a party or parties against another in the civil court of law A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between P ...
is filed in a state court and the
defendant In court proceedings, a defendant is a Legal personality, person or object who is the Party (law), party either accused of committing a crime in Criminal procedure, criminal prosecution or against whom some type of civil relief is being sought in ...
removes the case to the local
federal district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
. 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 because the removal to the federal court was improper. In
federal tribunals in the United States Federal tribunals in the United States are those tribunals established by the federal government of the United States The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal go ...
, it is possible for an Article III court to remand a case to an Article I court, if the case was originally decided by the Article I court and then appealed to the Article III court, or for a higher-level administrative tribunal within an executive agency to remand a case to a lower-level tribunal within the same agency. While Article III courts are allowed to remand a case back to Article I courts, there is a recent trend towards divesting U.S. magistrate judges from the power to remand cases back to state court. The same statutory basis for divesting magistrate judges of their power to remand may logically be applied to Article I judges.


See also

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court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
*
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...
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appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
* GVR order *
Remand (detention) Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and criminal charge, charged with an offence. A person who is on ...


Notes


References

* * {{DEFAULTSORT:Remand (Court Procedure) Criminal law appellate review legal procedure American legal terminology