The Nevada Order of Remand on Writ of Proceeded is a legal action taken by a higher court to send a case back to a lower court for further proceedings. This order is issued when the higher court determines that the lower court made an error or acted inappropriately during the trial or during the decision-making process. In Nevada, there are several types of Orders of Remand on Writ of Proceeded that can be issued, depending on the circumstances of the case. These include: 1. Remand for Further Findings: This type of order is issued when the higher court believes that the lower court made an inadequate or insufficient finding of fact or failed to properly apply the law to the case. The case is then sent back to the lower court to conduct further proceedings and to provide a more comprehensive analysis of the facts and law involved. 2. Remand for Reconsideration: This type of order is issued when the higher court believes that the lower court's decision was incorrect or flawed. The case is sent back to the lower court for reconsideration, allowing the lower court to review its decision and potentially revise it based on the higher court's guidance. 3. Remand for New Trial: This type of order is issued when the higher court determines that the lower court's decision was so fundamentally flawed or biased that a new trial is necessary. The case is returned to the lower court for a completely fresh trial, ensuring a fair and unbiased determination of the issues involved. 4. Remand for Clarification: This type of order is issued when the higher court finds that the lower court's decision or ruling is unclear or ambiguous. The case is remanded to the lower court with instructions to provide further clarification or explanation of its decision, allowing for a better understanding of the legal reasoning involved. The Nevada Order of Remand on Writ of Proceeded is an essential mechanism within the legal system that helps ensure fairness and justice in the resolution of cases. It allows the higher court to review and rectify any errors or issues that may have occurred during the lower court proceedings, ultimately leading to a more accurate determination of the matters at hand.
Nevada Order of Remand on Writ of Procedendo
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A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.
The ?Great Writ? of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means ?show me the body.? Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
?Habeas corpus? is a Latin phrase meaning ?you shall have the body.? A writ of habeas corpus is an Order from the court, requiring that a hearing be held to establish whether there is a constitutional basis for the confinement of a convicted person in Nevada.
A writ of habeas corpus is a court order requiring a hearing to establish whether there is a constitutional basis for confining you following an arrest or conviction. If granted, the court will hold a hearing to determine whether your confinement or sentence is legal. If you prevail at the hearing, you will go free.
Chapter 34 - Writs; Petition to Establish Factual Innocence. NRS 34.010 - Writ of certiorari denominated writ of review. NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue. NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Description. A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust or station. NRS 34.160.
