Oregon Order of Remand on Writ of Procedendo

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US-01767
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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.
The Oregon Order of Remand on Writ of Proceeded is a legal process that allows for the review and potential reconsideration of a case by a lower court. This order is typically issued by an appellate court with the intention of returning the case to the lower court for further proceedings or reconsideration. In Oregon, there are different types of Orders of Remand on Writ of Proceeded that can be issued depending on the circumstances of the case. Some common types include: 1. Remand for Further Findings: This type of order is issued when the appellate court believes that additional factual findings are necessary for a proper resolution of the case. It instructs the lower court to conduct further proceedings or gather additional evidence to address the identified deficiencies. 2. Remand for Reconsideration: This order is issued when the appellate court finds errors in the lower court's legal analysis or application of the law. It directs the lower court to reevaluate its decision and reconsider the legal issues raised in the case based on the appellate court's guidance. 3. Remand for Sentence Modification: In criminal cases, if the appellate court determines that the lower court made errors in imposing the defendant's sentence, it may issue this order to send the case back to the lower court for a modification of the sentence. This can result in a potential reduction, increase, or alteration of the originally imposed sentence. 4. Voluntary Remand: This type of order occurs when both parties in a case, either the appellant and respondent or the prosecution and defense in a criminal case, agree that a remand is necessary or beneficial. It allows for further proceedings or reconsideration without contesting the case in the appellate court. Keywords: Oregon Order of Remand, Writ of Proceeded, appellate court, lower court, further proceedings, reconsideration, factual findings, legal analysis, sentence modification, voluntary remand.

The Oregon Order of Remand on Writ of Proceeded is a legal process that allows for the review and potential reconsideration of a case by a lower court. This order is typically issued by an appellate court with the intention of returning the case to the lower court for further proceedings or reconsideration. In Oregon, there are different types of Orders of Remand on Writ of Proceeded that can be issued depending on the circumstances of the case. Some common types include: 1. Remand for Further Findings: This type of order is issued when the appellate court believes that additional factual findings are necessary for a proper resolution of the case. It instructs the lower court to conduct further proceedings or gather additional evidence to address the identified deficiencies. 2. Remand for Reconsideration: This order is issued when the appellate court finds errors in the lower court's legal analysis or application of the law. It directs the lower court to reevaluate its decision and reconsider the legal issues raised in the case based on the appellate court's guidance. 3. Remand for Sentence Modification: In criminal cases, if the appellate court determines that the lower court made errors in imposing the defendant's sentence, it may issue this order to send the case back to the lower court for a modification of the sentence. This can result in a potential reduction, increase, or alteration of the originally imposed sentence. 4. Voluntary Remand: This type of order occurs when both parties in a case, either the appellant and respondent or the prosecution and defense in a criminal case, agree that a remand is necessary or beneficial. It allows for further proceedings or reconsideration without contesting the case in the appellate court. Keywords: Oregon Order of Remand, Writ of Proceeded, appellate court, lower court, further proceedings, reconsideration, factual findings, legal analysis, sentence modification, voluntary remand.

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The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.

A supersedeas bond is a required surety bond when a defendant seeks to appeal a money judgment. The Portland supersedeas bond value will cover the judgment's full cost (and any legal fees the court requires).

Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution.

A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust or station; but though the writ may require such court, corporation, board, officer or person to exercise judgment ...

A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.

A writ of certiorari which is an ancillary remedy issued for an act already done such as to quash a decision. A writ of mandamus which compels the performance of a public duty.

Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.

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.

Its primary purpose is to guarantee that if the judgment is affirmed, the surety insurer that issued the bond will pay the appellee if the appellant is unable to. To put it simply, a supersedeas or appeal bond ensures the judgment debtor will satisfy the judgment if the judgment is upheld.

Supersedeas (also termed ?writ of supersedeas?) is Latin for ?you shall desist,? and it refers to a stay of the enforcement of a judgment pending appeal; a writ or bond that suspends a judgment creditor's power to levy execution. [Last updated in August of 2021 by the Wex Definitions Team]

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Slip opinions consist of a title page, which includes a designation of prevailing party and award of costs portion, followed by the body of the opinion. Aug 15, 2016 — (3) The agency shall file with the court a copy of its order disposing of the motion to correct the record or to correct or add to the ...The order may be issued in combination with the alternative writ of mandamus. The State Court Administrator shall mail copies of the Supreme Court's order and ... Jul 1, 2021 — Plaintiff shall file and serve a response to defendant's motion to remand within 60 days after service of the motion to remand. Defendant may ... On remand, the trial court shall have jurisdiction to enter a modified judgment or order, or to reenter the vacated judgment or order. (2) After entry of a ... Use the Search field on top of the page if you want to look for another document. Click Buy Now and choose a preferred pricing plan. Create an account and pay ... The relator shall file a petition for a writ of mandamus with the clerk of the court or court administrator. (2). The relator shall serve a copy of the ... A writ of mandamus may be issued to any inferior court, corporation, board ... The Oregon State Bar runs a service for finding an attorney in good standing. Oregon Supreme Court order below, Order Deny- ing Petition for ... and argument or summarily remand to the Oregon. Supreme Court with instructions to analyze ... proper process, in the nature of a procedendo, to the court below, for the ... out notice, obtain an order from any judge of the court to amend his bill on ...

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Oregon Order of Remand on Writ of Procedendo