Alabama Order of Remand on Writ of Procedendo
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FAQ
When you hear the term reversed aand remanded in criminal law it means that the lower court's decision was overturned and the case was returned to the lower court. Most successful appeals result in the appellate court reversing the conviction and remanding the case back to the trial court for a new trial.
Remanded - send back the matter to the court from which it was appealed. When a judgment is reversed, the Court usually remands the matter for a new trial to be carried out consistent with the principles announced in its opinion.
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.
Rule 59(a) provides that the grounds for a new trial are those sufficient for a new trial or rehearing under prior practice. In Alabama courts, in an action tried to a jury, a new trial can be granted for any of the reasons listed in Ala.
Dhillon's claim that "an order remanding for further proceedings necessarily implies continuing jurisdiction of the court and does not result in a final, appealable judgment unless and until the parties return to court to further litigate and resolve any remaining controversy." (ABOM 3.)
A remanded appeal begins the trial process all over again. In addition to giving you a second opportunity to win your legal case, it protects the rights of both parties in family law and other civil cases as well as in criminal cases.
