Remand may be general, permitting the lower court to address any open question, or limited to specific issues the appellate court identifies. The mandate defines the scope.
It differs from remand of a removed case to state court.
Alternative Names:
Appellate Remand, Remand for Further Proceedings
Why it Matters?
Scope is what determines the proceedings on remand, since a limited remand confines the trial court to the specified issues while a general remand reopens more. Parties frequently dispute what the mandate permits, and the appellate court resolves those disputes on a second appeal. Seeking clarification of an ambiguous mandate is available and preferable to proceeding on an assumption that may prove wrong.
Frequently asked questions
What is a limited remand?
How are scope disputes resolved?
