What is the process for obtaining an order of remand from an appellate court?
In Delaware, the process for obtaining an order of remand from an appellate court begins with filing a Petition for Writ of Certiorari to the Delaware Supreme Court. The court then reviews the petition and decides whether to grant or deny the writ. If the writ is granted, then the case proceeds to the appellate court. Once the case has been heard by the appellate court, the court will issue a decision. If the court rules in favor of the petitioner, it will issue an order of remand. This order directs the lower court to reconsider the decision and may include instructions on what aspects of the decision to reconsider and/or which new evidence should be taken into consideration. Once the order of remand is issued, the petitioner must follow the instructions of the appellate court. The petitioner must then return to the lower court and present the evidence and/or arguments and request that the decision be reconsidered. If the lower court decides to reconsider the decision based on the order of remand, then the petitioner may be granted a new decision. However, if the lower court does not follow the order of remand or decides against the petitioner, the petitioner may appeal the decision to the appellate court. The appellate court may then either uphold the original decision or issue a new order of remand depending on the circumstances.
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