New York Order of Remand on Writ of Procedendo

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Multi-State
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US-01767
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Word; 
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Description

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.

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FAQ

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.

/r??m??nd/ Add to word list Add to word list. to send someone accused of committing a crime away from court until his or her trial begins: He was remanded on theft charges. The accused was remanded in custody (= kept in prison before the trial began) for a week.

A. : to send back (a case) to another court or agency for further action. b. : to return to custody pending trial or for further detention.

An order to the sheriff to hold a defendant in custody until his or her next court appearance, or until bail is posted.

United States Supreme Court A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case.

An order to the sheriff to hold a defendant in custody until his or her next court appearance, or until bail is posted. Source: California Courts.

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.

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New York Order of Remand on Writ of Procedendo