Also known as: remanded · remanding · remands · send back · remittitur
Written by attorneys · grounded in primary & secondary sources — see below
An appellate or reviewing court's directive returning a case or matter to a lower tribunal or another court for further proceedings consistent with the reviewing court's decision or order. The directive may address jurisdictional defects, newly discovered evidence, bias concerns, or the need for additional fact-finding or damages calculations.
Rajesh Rao sued a neighbor in state court for property damage. The defendant removed the case to federal court on diversity grounds. More than thirty days later, Rao moved to remand on a procedural defect in the removal notice. The district court denied the motion because the thirty-day window under the removal statute had closed and subject-matter jurisdiction existed.
Rosalind Reed was convicted after a bench trial. While her appeal was pending, newly discovered evidence surfaced within three years of the verdict. The district court could not grant the motion for a new trial until the appellate court remanded the case for that purpose.
Select any source to read its text and confirm it supports the definition.
Robert Rivera sued a company in federal court. The presiding judge held a direct financial interest in similar pending litigation that would benefit from the outcome. The appellate court vacated the judgment and remanded the case to a different judge to eliminate the appearance of bias.
Ralph Richardson litigated against a university in federal court. The judge had served as a trustee of the university and should have known of the conflict. After the conflict surfaced post-judgment, the appellate court vacated the judgment and remanded for proceedings before a different judge.
Roberto Reyes challenged a school segregation policy. The Supreme Court vacated the district court's judgment and remanded the case so the lower court could consider newly filed reports on facility equalization before deciding the constitutional claim.
Raymond Ramos challenged the termination of disability benefits. The Supreme Court reversed the agency's decision and remanded the matter so the agency could develop a fuller record on the claimant's opportunity to be heard before benefits ended.
A federal court must remand at any time before final judgment once it determines that subject-matter jurisdiction is absent. The statute imposes no thirty-day limit on jurisdictional challenges, unlike procedural defects in removal.
Supporting sources
The motion must be filed within three years after the verdict. If an appeal is already pending, the district court may not grant the motion until the appellate court remands the case.
Supporting sources
The judgment must be vacated and the case remanded to a neutral tribunal because the appearance and risk of bias are intolerably high when the judge holds a direct personal financial interest in the outcome.
Supporting sources
Yes, when the violation is neither harmless nor trivial and undermines public confidence in the judiciary, even if the judge lacked actual knowledge of the disqualifying interest at the time of decision.
Supporting sources
…to the white schools during the equalization program. 98 F. Supp. 529. This Court vacated the District Court's judgment and remanded the case for the purpose of obtaining the court's views on a report filed by the defendants concerning the progress made in the equalization program. 342 U.S. 350. On remand, the District…