What is remand and when must a federal court remand a removed case?

• A. Remand means transferring case to a higher federal court for review.
• B. Remand means staying the case indefinitely.
• C. Remand means dismissing the case entirely.
• D. Remand means returning the case to state court; a court must remand if there is lack of subject-matter jurisdiction or improper removal.

Answer: (D)

Remand is the process of sending a case back to the state court from which it was removed. Removal allows a case filed in state court to go to federal court only when the federal court would have original jurisdiction (for example, a federal question or complete diversity with the amount in controversy). If the federal court determines there is no subject-matter jurisdiction, or that the removal was improper for some reason, the court has a duty to remand the case to the state court. In those situations remand is mandatory, not discretionary. It’s not about transferring to a higher federal court, staying the case, or dismissing it entirely—the case simply returns to the state court for whatever proceedings remain. If jurisdiction and proper removal exist, the case remains in federal court.