Is remanding a case good or bad?
Asked by: Myles Luettgen | Last update: January 31, 2026Score: 4.1/5 (42 votes)
Remanding a case isn't inherently good or bad; it means an appellate court sends a case back to a lower court for correction or further action due to an error, offering a chance for a new trial or proceedings, which can be favorable for the appellant (e.g., a new chance to win) but also means more time and resources for all parties, delaying final resolution. It's a mixed outcome: the initial decision wasn't final, but it requires re-litigation, potentially repeating the process before the original judge or agency.
Is remand a good or bad outcome?
The short answer is: it depends. While a remand isn't a final decision, it also doesn't mean your claim has been denied. Instead, it signals that the Board believes your case needs more evidence, clarification, or procedural corrections before a final ruling can be made.
What happens when a case is remanded?
Remand is when higher courts send cases back to lower courts for further action. For example, in U.S. law, appellate courts remand cases to district courts for actions such as a new trial.
Why do courts remand cases?
A remand usually occurs only from a higher court to a lower court, and cases are remanded only if there is an error or issue the lower court needs to fix. This often indicates a positive development for defendants when a post-conviction appeal is submitted.
What are common reasons for remand?
In criminal law, it often involves decisions made by appellate courts regarding whether an accused individual should remain in custody pending trial. In civil law, remand can occur when an appellate court sends a case back to a lower court to correct errors or consider new evidence.
Remand Hearing - What It Is and How You Handle It
Can you remove again after remand?
Even after a case has been remanded to state court, it is sometimes possible to get back to federal court with a second notice of removal. A successive removal may be permitted if new information or events arise that were not available during the first removal attempt.
Does remand affect sentencing?
It may be that the court expects you to turn yourself in to confirm that you are "time served." I will say, though, that your sentence for the crime will not usually change if you fail to remand, but the prosecutor could consider filing charges for failure to appear and/or a probation violation, either of which could ...
How common is it to be remanded?
A record 16,200 people are presently imprisoned on remand without being tried or convicted. This is 16% of the total prison population – a 50-year high.
How long does a remand take?
Remand to be granted in cases of real necessity. Magistrate should dis- courage tendency of Police to take remand to Extort confession. Remand cannot be granted for m o r e t h a n 1 5 days. Procedure when accused is brought before a Magistrate to obtain remand.
Does remand mean no bail?
According to a recent report from the California Department Of Insurance, “there are approximately 175,000 bail bonds written per year in California.” However, there are some occasions in which a defendant may be denied bail. This is known as being “remanded without bail.”
Can new evidence be introduced after remand?
If granted, the case is sent back for a new trial to consider the new evidence. Remand to the Trial Court: In some situations, the appellate court may remand the case to the trial court for further proceedings, allowing the introduction of new evidence.
How long does a remanded appeal take?
A remanded appeal, which returns to the Board of Veterans Appeals after additional evidence or corrections are needed, can vary in duration. Typically, it extends the appeal process by several months, depending on the complexity of information required.
Is a remand a final decision?
Only in cases when the administrator is essentially directed to rule for the plaintiff are remand orders deemed final and appealable. However, where further action is required, such as the need to consider additional evidence and engage in fact-finding, there is no final resolution.
What is the maximum days of remand?
Sub-section (2) of Section 167 is particularly significant as it lays down the procedure for remand and sets a maximum limit of 15 days for police custody.
What happens to a court case that has been remanded?
What Does It Mean When a Case is Remanded? As noted, to "remand" generally means to send back. When a federal case is remanded for further proceedings in legal parlance, a higher court, such as the U.S. Court of Appeals or the Supreme Court, sends the case back to the trial court where it originated.
How long can you be remanded?
Under this legislation, the general rule is that a suspect can be held in pre-charge remand for a maximum of 24 hours. However, there are provisions for extending this period in cases involving serious offences.
How long do you have to remand a case?
A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a).
What is the lowest level of jail?
Minimum security institutions, also known as Federal Prison Camps (FPCs), have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing.
What is the burden of proof for remand?
Procedural Requirements for Remand
A remand motion can be very spare, but should raise all procedural defects in the defendant's removal. Any procedural defects in removal are waived if the plaintiff does not attack them and ask for remand. The burden of proof is on the removing party.
Can a remand be appealed?
Defendants generally may not appeal orders that remand cases once removed to federal court.
What orders cannot be appealed?
Rule 43 of the High Court rules offers a mechanism for a spouse in divorce proceedings to approach the court for an interim order granting them child and/or spousal maintenance pending finalization of the divorce. It has always been a well-established fact that these orders cannot be appealed.