Legal Question in Appeals and Writs in California

9th circuit court remand

can a lower court judge refuse to follow the order, remand of an appeals court.


Asked on 5/03/08, 4:56 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 9th circuit court remand

No.

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Answered on 5/03/08, 6:52 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 9th circuit court remand

No. At the same time, remand orders often give the lower court more flexibility than a layperson might realize. While obeying such an order, the lower court often may reach the same result the second time around.

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Answered on 5/03/08, 3:07 pm


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