General Remand versus Remand With Instructions

If an appeal is successful, then a court of appeals will often remand the case back to the trial court. To “remand” generally means to send something back. There are two types of remand: (1) a general remand and a (2) remand with instructions.

A general remand provides no specific directions to the trial court and lease all issues open to consideration; a remand with instructions, on the other hand, requires to the trial court to enter a judgment in conformity with the appellate court’s mandate and accompanying opinion. Barden v. Barden, 546 S.W.3d 582, 594 (Mo. Ct. App. 2018). Under either approach, the scope of the trial court’s authority is defined by the appellate court’s mandate.

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