Remand

What remand means

Put simply, remand is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where remand comes up

For example, the term appears in these procedures:

• Motion to Remand to State Court (28 U.S.C. § 1447(c)): a motion asking a federal court to send a removed case back to the state court it came from.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses remand in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Removal: moving a case from state court to federal court under the federal removal statutes.
• Regulation: a rule issued by a government agency under authority granted by statute.
• Relevant evidence: under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.
• Request for admission: a discovery request asking another party to admit the truth of a specific matter.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.