Remand: A Comprehensive Guide to Its Legal Meaning and Use
Definition & meaning
Remand refers to the process of sending a case back to a lower court for further proceedings. This typically occurs when an appellate court reverses the decision made by a trial court. The appellate court's ruling guides the actions that the trial court must take when reviewing the case again.
In criminal cases, a judge may remand an accused individual into custody after a preliminary hearing if there is sufficient reason to believe that the person should stand trial.
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The term "remand" is commonly used in both criminal and civil law contexts. In criminal law, it often involves decisions made by appellate courts regarding whether an accused individual should remain in custody pending trial. In civil law, remand can occur when an appellate court sends a case back to a lower court to correct errors or consider new evidence.
Users can manage some aspects of remand cases themselves using legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: An appellate court reviews a civil case where the trial court made a legal error. The appellate court remands the case back to the trial court with instructions to reconsider the evidence.
Example 2: In a criminal case, a judge may remand an accused person into custody after determining that there is enough evidence to proceed to trial (hypothetical example).
State-by-State Differences
Examples of state differences (not exhaustive):
State
Remand Process
California
Allows remand for both civil and criminal cases with specific procedural rules.
Texas
Has distinct guidelines for remanding criminal cases based on the severity of the charges.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Difference
Appeal
A request to a higher court to review a lower court's decision.
Remand involves sending a case back for further action, while an appeal is a request for review.
Reversal
The act of overturning a lower court's decision.
Reversal may lead to remand, but not all reversals require sending the case back.
Common Misunderstandings
What to Do If This Term Applies to You
If you find yourself involved in a case that may be remanded, consider the following steps:
Understand the appellate court's decision and its implications for your case.
Consult with a legal professional to navigate the next steps.
Explore US Legal Forms for templates that can assist you in managing your case.
Quick Facts
Attribute
Details
Typical Fees
Varies by state and case type.
Jurisdiction
Applicable in both state and federal courts.
Possible Outcomes
Case may be retried, dismissed, or settled.
Key Takeaways
FAQs
To remand a case means to send it back to a lower court for further action or proceedings.
Yes, remand applies to both civil and criminal cases.
The lower court must follow the appellate court's instructions and may hold a new trial or hearing.
No, remand is a result of an appeal, but they are not the same process.
You can explore US Legal Forms for templates that are specifically designed for remand cases.
