Legal Definitions - Remand

Remand refers to the act of sending a case, an issue, or a person back to a lower court, an administrative body, or into custody for further action, reconsideration, or a new proceeding. It signifies a return to a previous stage in the legal process.

• Example 1: Appellate Court Sending a Case Back for Retrial

  Imagine a civil lawsuit where a jury awards damages to a plaintiff. The defendant appeals the verdict, arguing that the trial judge made a significant error in instructing the jury on a crucial point of law. If the appellate court agrees that this error likely affected the outcome, it might remand the case back to the trial court. This means the case is sent back for a new trial, or at least a new proceeding, where the judge can issue correct instructions to the jury.

  Explanation: This illustrates remand because the higher court (appellate court) is sending the entire legal dispute back to the lower court (trial court) to be heard again, or to have specific errors corrected, rather than making a final decision itself.

• Example 2: Administrative Agency Reconsidering a Decision

  Consider a situation where a citizen applies for a specific zoning variance from their local planning commission, but the application is denied. The citizen appeals this denial to a higher administrative review board, arguing that the planning commission did not properly consider all the evidence presented. If the review board finds that the planning commission overlooked key facts or failed to follow its own procedures, it might remand the application back to the planning commission. The commission would then be required to re-evaluate the variance request, taking into account the previously ignored evidence or following the correct procedures.

  Explanation: Here, remand means the administrative review board is sending the matter back to the original agency for a proper re-evaluation, ensuring that the correct process is followed and all relevant information is considered.

• Example 3: Revocation of Bail Leading to Custody

  Suppose an individual accused of a crime is initially released from jail on bail, with conditions such as regular check-ins with a probation officer and a prohibition against leaving the state. If this individual later violates one of these bail conditions—for instance, by failing to appear for a scheduled court date or by traveling out of state without permission—the judge may revoke their bail. The judge would then remand the individual back into custody, meaning they are sent back to jail to await their trial.

  Explanation: This demonstrates remand as the individual is sent back to a state of custody (jail) after having been released, signifying a return to a previous status in the legal process due to a violation of conditions.