United States
When the United States Supreme Court grants certiorari 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; 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 adduced at trial. It may also be a partial remand as when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase. Finally, it may remand a case upon concluding that the lower court not only made a mistake but also did not adjudicate issues that must be considered.
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. 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 improperly taken, not the state court did anything erroneous.
In the federal tribunals in the United States, it is also 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.
Read more about this topic: Remand (court Procedure)
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