Motion to Remand – in a case that has been removed from state court to federal court, a party’s request that the federal court return the case to state court, usually because the federal court lacks jurisdiction or because the procedures for removal were not properly followed

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motion to remand:
(1816)

1. In a case that has been removed from state court to federal court, a party’s request that the federal court return the case to state court, usually because the federal court lacks jurisdiction or because the procedures for removal were not properly followed. 28 USCA § 1447(C)[1]

remand:

1. The return of a case by an appellate court to the trial court for entry of a proper judgment, further proceedings, or for a new trial 5 Am J2d A & E § 962 et seq.

The return of a cause, by the reviewing court on certiorari, to the tribunal to which the writ was directed. 14 Am J2d Certiorari § 74.

The return of a case to an administrative agency after a review by the court of a determination or decision of such agency. 2 Am 12d Admin L § 764.

The disposition made of a petitioner denied relief in a habeas corpus proceeding, he being sent to the custody or restraint from which he was taken under the writ. 25 Am J1st Hab C § 154.

The sending back to the state court by the federal court of a cause previously removed from the state court to the federal court. 28 USC § 1447(c).
See mandate; procedendo. [2]

1. The return of a case by an appellate court to the trial court for further proceedings, for a new trial, or for entry of judgment in accordance with an order of the appellate court. [3]

reversed and remanded:

1. A familiar expression meaning that the appellate court has set aside the judgment rendered in the trial court and that the case goes back to the trial court for a new trial.  Myers v McDonald, 68 Cal 162, 8 P 809. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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