Remand (court Procedure)

Remand (court Procedure)

The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for further action.

For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses that the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.

A case is said to be "remanded" when the superior court returns or sends back the case to the lower court. Also, a court may be said to retry the case "on remand."