Order of Remand on Writ of Procedendo
What is this form?
The Order of Remand on Writ of Procedendo is a legal document used to send a case back to a lower court after it has been wrongfully removed to a higher court. This form asserts that the motion for remand has merit, allowing the original court to continue with the case proceedings. It is important as it provides a clear pathway for cases that were improperly escalated, ensuring that they can be addressed in the appropriate jurisdiction.
Main sections of this form
- Case title and numbers for identification
- List of charges against the defendant
- Statement of court opinion regarding the Motion to remand
- Order to dismiss the case from the higher court
- Direction for the case to be remanded to the original court for further proceedings
- Date and signature of the Circuit Judge
State law considerations
This is a general template intended for use in various states. Laws and formatting rules differ, so confirm the document meets your state’s requirements before using it.
When this form is needed
This form is necessary when a case has been removed from a lower court to a higher court without justifiable grounds, and there is a need to return the case to the original jurisdiction. You would use this form when seeking to have the higher court recognize that the matter should be handled where it was initially filed, such as in cases involving minor offenses or procedural mishaps that warranted a remand.
Who needs this form
- Defendants seeking to challenge a higher court’s jurisdiction over their case
- Legal representatives or attorneys of the defendant
- State prosecutors aiming to correct improper removals
Completing this form step by step
- Identify the parties involved in the case and fill in the case title and numbers.
- Clearly list the charges against the defendant in the designated section.
- Provide the name of the original court that first handled the case.
- Include the date of the court’s opinion on the remand motion.
- Obtain the signature of the Circuit Judge and enter the date at the bottom of the form.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Mistakes to watch out for
- Failing to accurately identify the original court or case numbers.
- Not listing all charges associated with the defendant.
- Omitting the Judge's signature or date on the order.
- Using outdated or incorrect language pertaining to the remand process.
Why use this form online
- Downloadable and editable templates allowing for personalized input.
- Access to forms at any time without the need for in-person visits.
- Forms drafted by licensed attorneys, ensuring legal compliance and accuracy.
Form popularity
FAQ
A writ of procedendo is an order from an appellate court to a lower court to proceed with judgment. This writ is used in cases where a delay in rendering judgment constitutes a neglect or denial of justice.
The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.
A writ emanating from an appellate court, demanding that a lower court convey the record of a case to the appellate court so that the record may be reviewed for alleged errors of law committed during a juridical proceeding.
In common law, a writ (Anglo-Saxon gewrit, Latin breve) is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.
The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it.
A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.
