Michigan Order of Remand on Writ of Procedendo

Category:
State:
Multi-State
Control #:
US-01767
Format:
Word; 
Rich Text
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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.

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FAQ

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.

A conditional dismissal asks the judge to dismiss the case but allows the judge to reopen the case and enter a judgment if the one party doesn't follow the agreement.

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 ...

: to send back (a case) to another court or agency for further action. b. : to return to custody pending trial or for further detention.

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.

He was remanded into custody [=he was sent to prison to wait for his trial] until the end of the month. She was remanded to drug rehab as part of her sentencing.

A remand under rule 8.528(c) is not a decision final on filing because it is not a separately filed order; rather, as part of its appellate judgment at the end of its opinion in such cases the Supreme Court simply orders the cause remanded to the Court of Appeal for disposition of the remaining issues in the appeal.

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Michigan Order of Remand on Writ of Procedendo