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 North Carolina involves three steps. The first step is to file a petition for writ of certiorari. This petition must include a statement of the facts of the case to be reviewed along with a request for review by the appellate court. Once the petition is filed, the appellate court has the option of granting or denying the petition. If the petition is granted, the second step is to file a brief in support of the petition. This brief must explain the reasons why the lower court decision should be reversed or modified. The opposing party can also file a response brief. The third step is for the appellate court to issue a ruling. If the court is in agreement with the petitioner, an order of remand may be issued. This order requires the lower court to review the case again using the appellate court’s findings. The order of remand indicates how the lower court should interpret the law in the review.
Related FAQs
What is the difference between an appeal and a writ of certiorari?What is an en banc hearing and how does it differ from a typical appellate hearing?
What is the role of an appellate court in a criminal case?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
What types of appellate arguments are available?
What is the time period for filing an appeal?
What is the difference between an oral argument and a brief on appeal?
What is the difference between a discretionary appeal and a mandamus petition?
What is the scope of review for a state Supreme Court’s decision?
What is the process for filing an appellate brief?
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