This page is continued from Every Type of Motion >>>> Versatile Motions >>>> Motions for Transferring Venues to different court:
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motion to remand:
(1816)
1. In a case that has been removed from state court to federal court, a party’s request that the federal court return the case to state court, usually because the federal court lacks jurisdiction or because the procedures for removal were not properly followed. 28 USCA § 1447(C). [1]
remand:
1. The return of a case by an appellate court to the trial court for entry of a proper judgment, further proceedings, or for a new trial 5 Am J2d A & E § 962 et seq.
The return of a cause, by the reviewing court on certiorari, to the tribunal to which the writ was directed. 14 Am J2d Certiorari § 74.
The return of a case to an administrative agency after a review by the court of a determination or decision of such agency. 2 Am 12d Admin L § 764.
The disposition made of a petitioner denied relief in a habeas corpus proceeding, he being sent to the custody or restraint from which he was taken under the writ. 25 Am J1st Hab C § 154.
The sending back to the state court by the federal court of a cause previously removed from the state court to the federal court. 28 USC § 1447(c).
See mandate; procedendo. [2]
1. The return of a case by an appellate court to the trial court for further proceedings, for a new trial, or for entry of judgment in accordance with an order of the appellate court. [3]
reversed and remanded:
1. A familiar expression meaning that the appellate court has set aside the judgment rendered in the trial court and that the case goes back to the trial court for a new trial. Myers v McDonald, 68 Cal 162, 8 P 809. [3]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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