The Indiana Order of Remand on Writ of Proceeded is a legal term that refers to a specific process within Indiana's judicial system. When a case is appealed to a higher court and the higher court determines that the lower court made an error in its decision, they may issue an Order of Remand on Writ of Proceeded. This order essentially sends the case back to the lower court for further proceedings or reconsideration. The purpose of the Order of Remand on Writ of Proceeded is to correct any mistakes or errors that may have occurred during the initial trial or hearing. It allows the lower court to re-evaluate the case, take additional evidence, hear new arguments, or make any necessary adjustments to the original decision. There are various types of Indiana Orders of Remand on Writ of Proceeded, depending on the specific circumstances of each case. Some common types include: 1. Partial Remand: In this scenario, the higher court determines that only a portion of the case needs to be reconsidered or reviewed by the lower court. This could be due to an error in a specific aspect of the decision or evidence. 2. Full Remand: A full remand occurs when the higher court determines that the entire case needs to be sent back to the lower court for a complete review. This usually happens when significant errors or omissions have occurred in the original trial or hearing. 3. Procedural Remand: This type of remand focuses specifically on procedural issues that may have impacted the fairness or legality of the trial or hearing. It requires the lower court to rectify these procedural errors before proceeding with the case. 4. Evidentiary Remand: In situations where new evidence has become available or was improperly excluded during the original trial, an evidentiary remand may be issued. This allows the lower court to consider the new evidence and potentially modify or reverse its previous decision. Overall, the Indiana Order of Remand on Writ of Proceeded serves as a mechanism to ensure fairness and justice within the legal system. It provides an opportunity for errors to be corrected and for cases to receive a proper review and consideration by the lower court. Please note that the information provided here is a general overview and should not be considered legal advice. Consulting an attorney or legal professional for specific guidance regarding Indiana Orders of Remand on Writ of Proceeded is recommended.
Indiana Order of Remand on Writ of Procedendo
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Rule 52 - Setting and Acknowledging Oral Argument (A) Court's Discretion. The Court may, in its discretion, set oral argument on its own or a party's motion.
On motion and upon such terms as are just the court may relieve a party or his legal representative from a judgment by default, for the following reasons: (1) mistake, surprise, or excusable neglect; (2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due ...
A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.
Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.
A judgment shall be set forth on a separate document, except that a judgment may appear upon the same document upon which appears the court's findings, conclusions, or opinion upon the issues. The entry of the judgment shall not be delayed for the taxing of costs.
76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
Ingly the amendment of Rule 59(b) eliminates the ?except? clause and its specific treatment of newly discovered evidence as a ground for a motion for new trial. This ground remains, however, as a basis for a motion for new trial served not later than 10 days after the entry of judgment. See also Rule 60(b).
Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.
