Remand (court procedure)

To remand is to send back or remit. In the law of the United States, appellate courts are said to remand cases when sending them back to an inferior court for further action, such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand [a] cause and ... require such further proceedings to be had as may be just under the circumstances." This includes the power to make summary "grant, vacate and remand" or GVR orders.

Appellate courts may remand cases if they are unable to finally determine the outcome of the case between the parties. For example, cases which are successfully appealed because the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a litigant's motion may be remanded for further action.

In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts for further consideration.

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."

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