Puerto Rico Emergency Motion to Remand Cause

Category:
State:
Multi-State
Control #:
US-00859
Format:
Word; 
Rich Text
Instant download

Description

This is an Emergency Motion to Remand Cause. This form is to be used when the Defendant is appealing his/her convictions in a lower court, but no transcript has been filed. He/ She will be incarcerated until the findings of this Motion are decided, and therefore urges the cour to remand this case, back to the lower court, as soon as possible. This form is applicable in all states.
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FAQ

A remand order can be a final judgment, as Voices of the Wetlands teaches.

Remand means to send back[i]. Where the trial court has decided the suit on a preliminary point without recording findings on other issues and if the appellate court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit[ii]. This is called remand.

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 ...

Primary tabs. To remand something is to send it back. Remand implies a return. The usual contexts in which this word are encountered are reversal of an appellate decision, and the custody of a prisoner.

Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.

The ?forum defendant rule? is detailed in 28 U.S.C. § 1444. It refers to the rules regarding when a case may be transferred or ?removed? from the state court to the federal court.

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.

The United States Court of Appeals for the District of Columbia Circuit, also known as the United States Circuit Court of the District of Columbia, is based at the E.

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Puerto Rico Emergency Motion to Remand Cause