# 97. remand

#### **What is Remand in Legal Terms?**

**Remand** refers to the act of **sending a case back to a lower court for further proceedings** or **placing a defendant in custody while awaiting trial**. It is commonly used in appellate courts when they determine that the lower court made errors requiring reconsideration.

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#### **Types of Remand:**

1. **Judicial Remand** – When an appellate court sends a case back to a trial court for further review or retrial.
2. **Custodial Remand** – When a defendant is ordered to remain in custody before trial instead of being released on bail.

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#### **Examples of Remand in Action:**

* A **federal appeals court** remands a case for a **new trial** due to procedural errors.
* A **defendant** is remanded to **police custody** pending further investigation.

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#### **5 Reference Pages for Remand with URLs**

1. **Cornell Law School – Legal Information Institute: Remand**
   * **URL:** <https://www.law.cornell.edu/wex/remand>
   * **Explanation:** Defines remand, explains its use in appellate courts, and distinguishes between judicial and custodial remand.
2. **FindLaw – Understanding Remand in Appeals**
   * **URL:** <https://www.findlaw.com/litigation/appeals/what-does-remand-mean.html>
   * **Explanation:** Explains how appellate courts use remand in civil and criminal cases, with examples of when it is applied.
3. **US Courts – Federal Appeals and Remand Process**
   * **URL:** <https://www.uscourts.gov/about-federal-courts/types-cases/appeals>
   * **Explanation:** Discusses the federal appellate process, including how and why cases are remanded for further proceedings.
4. **Justia – Remand in Criminal and Civil Law**
   * **URL:** <https://www.justia.com/laws/remand/>
   * **Explanation:** Covers remand in both criminal and civil cases, including examples of remand orders and their legal implications.
5. **Wikipedia – Remand (Legal Term)**
   * **URL:** <https://en.wikipedia.org/wiki/Remand_(court_procedure)>
   * **Explanation:** Provides an overview of remand in different legal systems, including its use in the United States and other countries.

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