Legal Definitions - motion to remand

Definition: A motion to remand is a request made by a party in a case that has been moved from state court to federal court, asking the federal court to send the case back to state court. This is usually because the federal court does not have the authority to hear the case or because the procedures for moving the case were not followed correctly.

Example: Let's say a case involving a car accident was originally filed in a state court. The defendant, who is from a different state, decides to move the case to a federal court. The plaintiff can file a motion to remand if they believe the federal court does not have the authority to hear the case or if the defendant did not follow the proper procedures for moving the case to federal court.

Explanation: This example illustrates how a motion to remand can be used when a case is moved from state court to federal court. The plaintiff can request that the case be sent back to state court if they believe the federal court does not have the authority to hear the case or if the defendant did not follow the proper procedures for moving the case to federal court.