After the Court of Appeal decision becomes final, any party – appellant or respondent – can petition for review and ask the California Supreme Court to hear the case.
Who is responsible? The party who lost in the Court of Appeal has the option to petition for review. During this process, the filing party is called the petitioner and all the parties keep the same designation that they have in the Court of Appeal’s opinion. For example, an appellant is still called an appellant, and a respondent is still called a respondent.
Why file a petition for review? A party must believe the issues in their case will settle an important question of law, or will help make sure decisions in California courts are uniform (consistent).
When does it happen? The deadline to serve and file a petition for review is 10 days after the Court of Appeal’s decision becomes final. If a party files a petition for review before the Court of Appeal’s decision becomes final, the California Supreme Court accepts the petition but does not officially file it until the day after the appeal decision becomes final.
How much does it cost? There is a $710 court cost to file a petition for review in civil cases.
Is there a court form? No. There is no court form for a petition for review, but there are rules about the format and the information that must be included.
What do the other parties do? The other parties in the case are not required to do anything while the California Supreme Court considers a petition for review. However, the opposing parties can file an answer to the petition for review. Answers may include additional issues for the Supreme Court to consider. Answers must be filed within 20 days after the petition for review is filed. Generally, the Supreme Court will not ask other parties for information until after the court agrees to review the case.
What does the court do? The California Supreme Court has a maximum of 90 days after the last petition for review is filed to consider the petition and decide how to respond.
If the Supreme Court does not respond to the petition for review, the Court of Appeal’s decision generally becomes final 61 days from the date it was issued.
If the Supreme Court denies the petition for review, the Court of Appeal’s decision becomes final immediately.
If the Supreme Court agrees to review the case, a new schedule of briefing and oral arguments begins in the Supreme Court. After hearing the case, the Supreme Court may affirm, reverse, or modify the Court of Appeal’s decision. Learn more about what happens in the California Supreme Court
What happens next? When the Court of Appeal or California Supreme Court decision becomes final, the court issues a remittitur.
Learn more about what happens during petition for review