Arizona Order of Remand on Writ of Procedendo

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State:
Multi-State
Control #:
US-01767
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Order for Remand by a Writ of Procedendo, a writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari, or otherwise, is sent down again to the same court, to be proceeded with there.

How to fill out Order Of Remand On Writ Of Procedendo?

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FAQ

In Anglo-American legal systems, mandamus (Latin for ?we command?) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that the they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

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 ...

(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.

The eviction portal is at .azcourts.gov/eviction in English, and at .azcourts.gov/desalojo in Spanish.

A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.

Also known as a writ of mandamus is an order of a court to an inferior government agency, official, or corporation, for the person or entity to perform or correct or abstain from an act that is required by law .

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Arizona Order of Remand on Writ of Procedendo