What is the process for obtaining an order of remand from an appellate court?

An order of remand is a court order that requires a lower court to review a case. In New Hampshire, the process for obtaining an order of remand from an appellate court begins with filing an appeal. The person appealing needs to file a Notice of Appeal with the superior court clerk. The Notice of Appeal needs to include the name of the parties involved, the lower court in which the case was heard, the name of the lower court judge, the date of the lower court’s decision, and a copy of the order appealed from. The appealing party must also file a brief with the appellate court. The brief should include facts of the case, the issues to be determined, and the legal arguments in support of the request for an order of remand. The other side will also be allowed to file a brief and present their arguments. Once all the briefs are filed, the appellate court will consider oral arguments from both sides. After hearing all the arguments, the appellate court will either uphold the lower court’s decision, or remand the case to the lower court with an order of remand. An order of remand will tell the lower court what to consider in the case, or what needs to be re-evaluated or changed. If the parties are not satisfied with the appellate court’s decision, they may appeal the case to the New Hampshire Supreme Court. The same process outlined above will apply for appeals to the New Hampshire Supreme Court.

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What is the process for obtaining an order of remand from an appellate court?

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