Endorsed order is a order entered in the computer and there is no document attached to it.
Federal Statutes of Congress comes under Supremacy clause and should be followed precisely without any exceptions. Judges have a fiduciary obligation to follow the statute as it is written by congress especially there is plain text in the statute without any ambiguity.
Federal Remand Order should be a written order and endorsed order is not a valid remand order which can transfer the jurisdiction from federal court to state court. Why endorsed order is not a valid remand order is explained below.
Upon careful review of the relevant statutes, case law, and procedural rules, it is evident that a valid remand order must possess certain essential elements to ensure clarity, fairness, and efficiency in the remand process. These elements typically include:
To begin with, an endorsed remand order lacks a clear and concise explanation of the court’s decision to remand the case. It is crucial that the court should outline the legal or factual grounds justifying the return of the case to the lower court. This requirement is essential for the parties to understand the legal and factual grounds upon which the remand is predicated thereby It should leave no room for ambiguity or confusion ensuring transparency. Without a clear explanation, the parties may be left with ambiguity regarding the court’s reasoning, potentially leading to confusion and delays in subsequent proceedings.
Notice to All Parties: It is essential for a valid remand order to provide notice to all parties involved in the case. Proper notice ensures that the parties are aware of the remand decision and allows the parties to prepare and participate effectively in the proceedings on remand.
Compliance with Applicable Statutes and Rules: A valid remand order must comply with the applicable statutes, rules, and procedural requirements governing remand procedures. It should align with the jurisdiction’s legal framework and any specific provisions related to remands.