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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.

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