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A grant, vacate, remand (GVR) is a type of order issued by the Supreme Court of the United States in which the Court simultaneously grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.
The shadow docket (or non-merits docket) [1] [a] refers to motions and orders in the Supreme Court of the United States in cases which have not yet reached final judgment, [b] decision on appeal, and oral argument. This especially refers to stays and injunctions (preliminary relief), but also includes summary decisions and grant, vacate, remand ...
A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded." Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at ...
Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'". [16]
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1] A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Download as PDF; Printable version; In other projects ... Alito dissented from the Court's denial of application to vacate stay. ... and remand for further ...
[11] Seven months after the Supreme Court's decision to grant, vacate, and remand, the DOI removed the land in question from trust. [10] In 1997, the Lower Brulé Sioux submitted an amended trust application to the DOI, requesting that the United States take the 91 acres (370,000 m 2) of land into trust on the Tribe's behalf. South Dakota ...