Legal Question in Family Law in New Jersey
Partial remand
We are filing for a partial remand due to an error the judge made during a pleanary hearing. I know what at partial remand but not sure of the legistics of it.
Does the appellate division make a determination based on the facts of the case or do they simply grant the partial remand and have the trial court decide if any errors were made?
2 Answers from Attorneys
Re: Partial remand
A partial remand is where the appellate court asks the trial court below to hold a hearing or otherwise
decide a particular question.
Gary Moore
Re: Partial remand
I think you are asking whether the remand will occur based upon the record on appeal by the appellate judges or if they will send it back to the trial court for further proceedings. Sometimes the appellate division will exercise original jurisdiction and decide the matter or the limited issues without further remand and other times they will return it to the trial court for proceedings consistent with its ruling.
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