Have Legal Questions? Ask a Lawyer Now.
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.
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.
If you need more information, just let me know.
Best of luck! _________________________________________________________________ If I have answered your question, please remember to click "ACCEPT." I leave positive feedback for all accepted answers. Customers with positive feedback get fast and thorough responses from experts. _________________________________________________________________
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
REMANDED FROM FEDERAL DISTRICT COURT
REPLACE RECORD TO PLEADING STATUS (KEYPOINT 2) AND ERASE ALL HIGHER KEYPOINT DATES
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
I can accept after this answer
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.
thank you good night