Most dictionaries simply define remand as sending back. Courts use the term mostly in two situations:
- when a higher court sends a case back to a lower court with instructions to make changes, or
- when a court sends a criminal back to jail to await trial.
The appeals court remanded the case back to the lower court for a new trial.
In Campbell v. State Farm, a couple caused an accident. When they lost their case, their insurance company told them to sell their house in order to pay the large amount. The Campbells didn’t do this but found out that State Farm regularly did this with other clients. The couple sued and won. The jury penalized State Farm for a large sum of money. The judge lowered the amount. When the Campbells appealed, the Utah State Supreme Court reinstated the full amount. State Farm then appealed to the U.S. Supreme Court. The court remanded the case because the amount was unconstitutionally excessive. The Utah Supreme Court then had to follow the higher courts instructions on how to recalculate the final amount.
Sometimes a criminal appeals his death penalty and the court remands the case because of bias in his sentencing. The lower court must then follow a specific process to redo the sentencing. In another case, a criminal will appeal a case from the justice court, potentially resulting in a new trial. The case would go to the district court. Its decision will lead to it remanding the case back to the justice court for final proceedings unless under specific circumstances.
Remand definition by: Salt Lake City’s Personal Injury Attorneys