Georgia Order of Remand on Writ of Procedendo
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FAQ
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
A remanded appeal begins the trial process all over again. In addition to giving you a second opportunity to win your legal case, it protects the rights of both parties in family law and other civil cases as well as in criminal cases.
Remand: The term ?remand? means ?to send back? and refers to a decision by the Supreme Court to send a case back to the lower court for further action.
A writ of habeas corpus orders the person who is responsible for the detention or incarceration ? in criminal cases, the warden or jailer ? to produce the detained person in court, so that a judge may decide whether the person is in lawful custody.
When you hear the term reversed aand remanded in criminal law it means that the lower court's decision was overturned and the case was returned to the lower court. Most successful appeals result in the appellate court reversing the conviction and remanding the case back to the trial court for a new trial.
Dhillon's claim that "an order remanding for further proceedings necessarily implies continuing jurisdiction of the court and does not result in a final, appealable judgment unless and until the parties return to court to further litigate and resolve any remaining controversy." (ABOM 3.)
Rule 10. Failure to comply with an order of the Court directing the filing of a brief may cause the appeal to be dismissed and may subject the offender to sanctions.
Remanded - send back the matter to the court from which it was appealed. When a judgment is reversed, the Court usually remands the matter for a new trial to be carried out consistent with the principles announced in its opinion.
