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The Divorce Encyclopedia
Remand


Term Definition Remand - the act of sending a case back to the trial judge to be tried again because the judge made a significant mistake the first time.
Application in Divorce An appellate court can remand a case back to a lower court for hearings or even an entirely new trial if the higher court discovers major errors in law. States grant divorce judges substantial discretion in making judgment. Except for substantial errors of law -- a major error that significantly and adversely harms a party -- appeals are unsuccessful because a mistake is considered a harmless error.

In an appeal, the case can either be remanded back to the lower court or the appeals court can reverse the lower court’s decision. In this event, the case is said to be "reversed on appeal," or as is more likely, the lower court decision is "upheld on appeal."

As it applies to divorce, relatively few divorce cases are successfully appealed.

See also Appeal; Reversal.

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