What is the process for obtaining an order of remand from an appellate court?
The process for obtaining an order of remand from an appellate court in Nebraska involves first filing a notice of appeal with the court. This notice must be filed within 30 days of the final judgment that was decided by a lower court. If the notice is timely, the appellate court will then review legal briefs prepared by both sides of the case. After reviewing the briefs, the appellate court will issue a decision either affirming the lower court’s ruling or ordering a remand. If the appellate court issues an order of remand, then the case will be sent back to the lower court. The court will review the appellate court’s decision and issue a new ruling that complies with the order of remand. If the lower court does not comply with the order, the appellate court can issue a writ of mandamus, which orders the lower court to obey its order of remand. If the lower court’s ruling is then appealed again, then the process of filing a notice of appeal, reviewing legal briefs, and issuing a decision or order of remand is repeated. The appeals process continues until one party receives a final ruling from the highest court in the state.
Related FAQs
What is the appellate court's jurisdiction over a given case?Are appellate court decisions binding on lower courts?
What kind of relief can be sought from an appellate court?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
How do I obtain an appellate court transcript?
What is the appellate court’s jurisdiction over a case?
How should I prepare for oral argument on an appeal?
What is the process for filing a petition for writ of habeas corpus?
What is the difference between a discretionary and a non-discretionary appeal?
How do I cite to appellate court decisions?
Related Blog Posts
Important Tips for Effective Appellate Law Representation - July 31, 2023Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023