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Attorney 1
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Would the next stage after a remand be to have the case assigned

Customer Question

Would the next stage after a remand be to have the
case assigned to a judge, and then a 30 day response period would start for the defendant to file an answer/motion for dismissal or summary judgment? or has your experience been different with remanded cases.

Thank you
Submitted: 2 years ago.
Category: Legal
Expert:  Attorney 1 replied 2 years ago.

Attorney 1 :

Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.

Attorney 1 :

When the trial judge has issued an opinion and it is appealed to the appellate court, the appellate court will review the trial court's opinion for any errors in the law. Where the trial court hasn't determined enough facts or made an error in the law, the appellate court will remand the case with instructions to the trial court. The trial court then must comply with the appellate court's remand, following the instructions (e.g., the appellate court will say something like "remanded for further facts determination as to..." or "remanded for further consideration based on the our decision"). After the trial court reconsiders the case in light of the appellate court's instructions, the case can be appealed again to the appellate court based on any errors in the law or procedure followed by the trial court. The trial court judge can come to the same decision as before, but not without additional justification that responds to the appellate court's instructions.

Attorney 1 :

If you need more information, just let me know.


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.

Customer:

Sorry I was not more specific- this was a remand from federal to state court due to the amount in controversy in a diversity case not being met (was less than $75000). The case was remanded back to state court


















120.05



10/13/2011



Court



REMANDED FROM FEDERAL DISTRICT COURT



120.10



10/13/2011



Court



REPLACE RECORD TO PLEADING STATUS (KEYPOINT 2) AND ERASE ALL HIGHER KEYPOINT DATES


Customer:

if you have had any of these do these go to a conference or is there a 30 day period for a defendant to respond with a summary judgment motion or disimissal motion/answer

Customer:

I can accept after this answer

Attorney 1 :

The answer will lie in your local Court Rules, since these tend to be more particular issues. You can sign on to your court's website and browse to the section for the Local Rules. That should provide you with what you need.

Customer:

thank you good night

Attorney 1, Attorney
Category: Legal
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