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.

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