The 'Lectric Law Library's Lexicon On
* Remand *
REMAND - When an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded. This usually happens if the trial judge has made an error which requires a new trial or hearing. For example, assume that a trial court refuses to allow a party to introduce certain evidence (believing it to be inadmissible under the hearsay rule). If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced.
To send back or recommit. When a prisoner is brought before a judge on a habeas corpus for the purpose of obtaining his liberty, the judge hears the case and either discharges him or not; when there is cause for his detention, he remands him.
When an appellate court sends a case back to the same court out of which it came for the purpose of having some action on it there.
--b--
Need a Lawyer? Check Out The 'Lectric Law Library's Searchable Attorney Directory
& our Searchable Expert Witness DirectoryBack To The Letter * R * ![]()
The Lexicon's Lyceum Other Letters' Terms & Important Info.
The Reference Room Dozens Of Legal Topic Areas
The Rotunda Our Central Hub, Directory & Index