Virginia Order of Remand on Writ of Proceeded is a legal term used in the Commonwealth of Virginia. This order refers to a decision made by an appellate court to send a case back to a lower court for further proceedings. When a higher court reviews a case and determines that errors were made by the lower court, it may issue an Order of Remand on Writ of Proceeded. This order essentially instructs the lower court to rehear the case or take specific actions as directed by the higher court. This process allows the lower court to correct any mistakes made during the initial proceedings or to comply with the higher court's instructions. The Order of Remand on Writ of Proceeded serves as a way to ensure fair and just resolution of the case in accordance with the law. There are various types of Virginia Orders of Remand on Writ of Proceeded, depending on the specific circumstances of the case. Some common types include: 1. Remand for factual determination: This occurs when the higher court determines that the lower court did not properly evaluate or consider certain facts during the initial proceedings. The higher court may remand the case to the lower court for further fact-finding or reconsideration of evidence. 2. Remand for legal errors: If the higher court identifies legal errors committed by the lower court, it may issue an order to remand for legal correction. This allows the lower court to review and amend any errors made in the application or interpretation of the law. 3. Limited remand: In some cases, the higher court may issue a limited remand order, specifying certain issues or aspects of the case to be addressed by the lower court. This allows for a focused review and resolution of specific matters while preserving the overall appellate decision. Overall, the Virginia Order of Remand on Writ of Proceeded serves as a crucial mechanism to ensure the proper administration of justice. It allows for the rectification of errors or deficiencies in the lower court's proceedings, thereby promoting fair and accurate outcomes in legal cases.
Virginia Order of Remand on Writ of Procedendo
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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 ...
Having a case remanded is not necessarily a bad thing. The Board may order the Regional Office to analyze the case in a way that is more favorable to the veteran or give the veteran a chance to further develop the evidence of record.
A civil case shall not be remanded for a trial de novo except when the ends of justice require it, but the appellate court shall, in the order remanding the case, if it be remanded, designate upon what questions or points a new trial is to be had.
A habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court or within one year from either final disposition of the direct appeal in state court or the time for filing such appeal has expired, whichever is later.
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.
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.
Final judgment is the last decision from a court that resolves all issues in dispute and settles the parties' rights with respect to those issues. A final judgment leaves nothing to be decided except decisions on how to enforce the judgment, whether to award costs, and whether to file an appeal.
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.
