Civil Procedure
Remand
Definition
Remand is the process of sending a case back from federal court to state court when the removal was procedurally defective or the federal court lacks jurisdiction. Under 28 U.S.C. Section 1447(c), if at any time before final judgment it appears that the district court lacks subject-matter jurisdiction, the case must be remanded. Procedural defects in removal must be raised within 30 days of removal, while subject-matter jurisdiction defects may be raised at any time.
Example
A defendant removes a purely state-law claim between non-diverse parties to federal court. The plaintiff moves to remand, and the court must send the case back for lack of jurisdiction.