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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 orders are not generally appealable [citation needed], but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit Insurance Corporation appeals a remand order under 12 U.S.C. § 1819(b)(2)(C). An alleged waiver of removal rights is also appealable, since the issue is not ...
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, ...
“Plaintiffs do not oppose a limited remand so the district court may re-issue judgment in full compliance with Rule 65(d) should this Court prefer that course,” the filing said.
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.
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.
Merrill Lynch made a motion to have the case moved to federal court, where Merrill Lynch and the other petitioners believed they would receive better treatment than in state court. [3] In an opinion authored by D. Brooks Smith, the Third Circuit held that no federal jurisdiction existed, and directed that the case be remanded to state court. [4]
The term remittitur originated in English common law, where it was a procedural device used by the plaintiff to correct errors in the trial record. Under 18th century English law, the jury could not award more damages than the plaintiff had requested in their complaint; when (on rare occasion) juries disregarded this rule, appellate courts could overturn the jury award and order a new trial ...