What is the process for obtaining an order of remand from an appellate court?
An order of remand is an order from an appellate court that sends a case back to a lower court for further action. In Alaska, the process for obtaining an order of remand begins with the filing of an appeal with the Alaska Supreme Court. Once the appeal is filed, the parties must submit legal briefs to the Supreme Court, which detail the facts of the case and the legal arguments for and against an order of remand. The Supreme Court may decide the case without oral argument or it may hold an oral argument. At the oral argument, the parties will submit legal arguments to the justices and the justices will have an opportunity to ask questions. The justices will then consider the legal arguments and the facts and decide whether an order of remand should be granted. If the Supreme Court grants an order of remand, it will specify to the lower court the action the lower court must take. The lower court will then take the specified action. If the Supreme Court denies an order of remand, the decision of the lower court will stand and the case will be concluded.
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