What is the effect of an appellate court's mandate on the right to change a judge in remanded actions?

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Multiple Choice

What is the effect of an appellate court's mandate on the right to change a judge in remanded actions?

When a case is remanded, the appellate mandate returns the matter to the trial court to proceed under the appellate directions, and the procedural posture is reset in a way that renews the right to seek a change of judge. The remand is treated as starting fresh for this issue, so prior events—such as any earlier requests for a change of judge or waivers—do not carry over as a bar. In other words, each remand resets the opportunity to request a change of judge, and no previous waiver automatically applies to the remanded proceeding. Remand does not terminate the right to change a judge, and it does not require only new waivers after remand to be valid. It also does not transfer jurisdiction to the appellate court; the appellate court retains review authority, but the trial court remains the forum for proceeding on remand.

When a case is remanded, the appellate mandate returns the matter to the trial court to proceed under the appellate directions, and the procedural posture is reset in a way that renews the right to seek a change of judge. The remand is treated as starting fresh for this issue, so prior events—such as any earlier requests for a change of judge or waivers—do not carry over as a bar. In other words, each remand resets the opportunity to request a change of judge, and no previous waiver automatically applies to the remanded proceeding.

Remand does not terminate the right to change a judge, and it does not require only new waivers after remand to be valid. It also does not transfer jurisdiction to the appellate court; the appellate court retains review authority, but the trial court remains the forum for proceeding on remand.

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