Arkansas Emergency Motion to Remand Cause

Category:
State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
Instant download

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

A remanded appeal simply means that the case is sent back to the lower courts. This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case.

Every judgment or decree shall be set forth on a separate document. A judgment or decree is effective only when so set forth and entered as provided in Administrative Order No. 2. Entry of judgment or decree shall not be delayed for the taxing of costs.

A federal judge can remand a case without any request by the plaintiff if the judge does not believe federal jurisdiction has been properly established by the defendant. A plaintiff can also move to have the case remanded to state court if the plaintiff does not believe federal jurisdiction exists.

/r??m??nd/ Add to word list Add to word list. to send someone accused of committing a crime away from court until his or her trial begins: He was remanded on theft charges. The accused was remanded in custody (= kept in prison before the trial began) for a week.

Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand [a] cause [sic] and ...

A remand order can be a final judgment, as Voices of the Wetlands teaches.

Removal means snatching the case from state court to federal court. Remand is sending it back to state court.

Remand. v. to send back. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court, or after a preliminary hearing a judge may remand into custody a person accused of a crime if the judge finds that a there is reason to hold the accused for trial.

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Arkansas Emergency Motion to Remand Cause