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Civil case remanded, what does this mean

Riverhead, NY |

Hi, I have a civil case where I am the plaintiff which has been moving slowly through the Supreme court, state, (I think!) for over 4 years. Discovery was (finally) completed last month. There was a meeting Tuesday wherein my atty said he would try again to settle (the amount has been too low). Anyway, never heard from him that day (hard to get a hold of him from day 1)...I looked up on to see when the trial date would be or what it said, and under outcome it says "remanded". This sounds bad after I looked it up (looks like it means moved to district court, meaning MORE TIME UGHHH). Why would this happen? And why now, after years in the same court (since 2009). I'm waiting to hear from my atty but am sweating here. I so want this over!

If my quick research it right, and it did move to a lower court, who would have likely made that motion? Could it be beneficial? Am I right in thinking this means MORE TIME? Thanks in advance!

Attorney Answers 3

  1. Best answer

    The out-of-State lawyers are right as the term is normally used but in NY what that means is that your case did not settle so it has been remanded from the settlement conference calander and put back on the trial calander. The case is still in the same court... you just need to wait your turn for a trial date. You will probably have a series of pre-trial conferences in the trial part where the court will try to settle it. If that fails, it will go to trial.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Remanded means an intermediate court sent it to a lower court. Either for substantive, jurisdictional, or procedural reasons, although it's rare the courts make the call on it's own. There must have been a mistake made somewhere along the line that the court system or a judge just figured out. Your attorney will know exactly what happened.

    This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

  3. Remand means a higher court may remand a case to a lower court for more to do.

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