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Dictionary · Courts and procedure

Remand

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Remand is the sending of a case back to a lower court or to the original court, for example from federal court to state court after a removal was found improper, or from an appellate court for further proceedings. It changes the forum and often the timeline.

Removal and remand fights can consume months before the merits are addressed. A case that is remanded to a state court may face different procedure, different judges and a different jury pool.

In multidistrict litigation, cases are transferred for pretrial proceedings and remanded to their original courts for trial. The timing of remand determines when individual matters return to their own calendars.

Remand is not a decision on the merits. It is a decision about where the case is heard.

Where This Appears
Related Terms
VenueMDL (Multidistrict Litigation)AppealJurisdictionProcedural Posture

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