The Michigan Order of Remand on Writ of Proceeded is a legal term used to describe a specific court order issued by a higher appellate court or the Michigan Supreme Court. This order requests a lower court to send the case back and reinstate jurisdiction over it, following the issuance of a writ of proceeded. The writ of proceeded is a legal mandate issued by an appellate court, directing a lower court to proceed with a specific action or decision. When a higher appellate court or the Michigan Supreme Court determines that a lower court has made an error or needs to address certain issues, it may issue an Order of Remand on Writ of Proceeded. The purpose of this order is to ensure that the lower court properly addresses the issues raised by the higher court and correctly applies the law. There are different types of Michigan Orders of Remand on Writ of Proceeded, namely: 1. General Remand: This type of remand order directs the lower court to reconsider the entire case or specific aspects of it. It may relate to legal errors, evidentiary issues, or other procedural matters that require further review. 2. Limited Remand: In certain cases, the higher appellate court may only remand specific issues that need further clarification or additional evidence. The limited remand order specifies the scope of the issues to be reconsidered by the lower court. 3. Supplemental Remand: This type of remand order instructs the lower court to take additional steps or actions related to the case. It could involve gathering additional evidence, holding a new hearing, or considering specific legal arguments. 4. Conditional Remand: Sometimes, a remand order may be conditional, meaning that the lower court is directed to take a certain action only if specific conditions or requirements are met. These conditions may include the submission of further documentation or the completion of certain procedures. An Order of Remand on Writ of Proceeded plays an essential role in the appellate process, ensuring that justice is served and that lower courts have an opportunity to correct any mistakes or address the concerns raised by the higher court. It provides an avenue for parties involved to present their arguments or evidence again, potentially leading to a different outcome or a more well-founded decision.
Michigan Order of Remand on Writ of Procedendo
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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.
