New York Motion for Order of Remand for further consideration

• Category: Civil Procedure - Motions - Sample Motions
• State: Multi-State
• Control #: US-MOT-01423
• Format: Word; Rich Text

Description

This is a multi-state form covering the subject matter of the title. A New York Motion for Order of Remand for further consideration is a legal request filed by a party in a case to have the court review and potentially change a previous decision or ruling. This motion is typically made when a party believes that there are errors in the court's decision or additional evidence that needs to be considered. In New York, there are several types of Motions for Order of Remand for further consideration, each serving a specific purpose depending on the circumstances of the case. Some common types include: 1. Motion for Order of Remand based on newly discovered evidence: This type of motion is filed when a party uncovers new evidence that was not available during the original trial or hearing. The party argues that this new evidence could significantly impact the outcome of the case and requests the court to remand the case back for further consideration. 2. Motion for Order of Remand due to errors of law: This motion is filed when a party believes that the court made a legal error in its prior decision. The party presents arguments and case law to demonstrate that the court's ruling was incorrect, and requests a remand for the court to correct the error. 3. Motion for Order of Remand based on procedural irregularities: If a party believes that there were procedural irregularities during the original trial or hearing that potentially affected the outcome, they can file this motion. The party may claim that there were violations of due process, improper jury instructions, or other procedural errors that warrant a remand for a fair reconsideration. 4. Motion for Order of Remand to consider additional arguments or facts: This motion is filed when a party discovers new legal arguments or facts that they were unable to present during the original trial or hearing. The party explains why these additional arguments or facts are relevant and requests a remand for the court to consider them further. It is essential to draft a comprehensive and well-researched motion, supported by legal precedents and evidence, when pursuing a Motion for Order of Remand for further consideration in New York. The success of such a motion depends on the party's ability to clearly demonstrate the errors, new evidence, or procedural irregularities that warrant a remand, leading to a potential change in the court's previous decision.

A New York Motion for Order of Remand for further consideration is a legal request filed by a party in a case to have the court review and potentially change a previous decision or ruling. This motion is typically made when a party believes that there are errors in the court's decision or additional evidence that needs to be considered. In New York, there are several types of Motions for Order of Remand for further consideration, each serving a specific purpose depending on the circumstances of the case. Some common types include: 1. Motion for Order of Remand based on newly discovered evidence: This type of motion is filed when a party uncovers new evidence that was not available during the original trial or hearing. The party argues that this new evidence could significantly impact the outcome of the case and requests the court to remand the case back for further consideration. 2. Motion for Order of Remand due to errors of law: This motion is filed when a party believes that the court made a legal error in its prior decision. The party presents arguments and case law to demonstrate that the court's ruling was incorrect, and requests a remand for the court to correct the error. 3. Motion for Order of Remand based on procedural irregularities: If a party believes that there were procedural irregularities during the original trial or hearing that potentially affected the outcome, they can file this motion. The party may claim that there were violations of due process, improper jury instructions, or other procedural errors that warrant a remand for a fair reconsideration. 4. Motion for Order of Remand to consider additional arguments or facts: This motion is filed when a party discovers new legal arguments or facts that they were unable to present during the original trial or hearing. The party explains why these additional arguments or facts are relevant and requests a remand for the court to consider them further. It is essential to draft a comprehensive and well-researched motion, supported by legal precedents and evidence, when pursuing a Motion for Order of Remand for further consideration in New York. The success of such a motion depends on the party's ability to clearly demonstrate the errors, new evidence, or procedural irregularities that warrant a remand, leading to a potential change in the court's previous decision.