Remittitur is the last step in the appeal process.
Who is responsible? The Court of Appeal automatically issues a remittitur and sends notice to all parties in the case. The parties do not need to apply for a remittitur or request a copy from the court.
When does it happen? Every case is different. If no party challenges the Court of Appeal opinion, the remittitur generally issues 61 days after the opinion. If a party challenges the Court of Appeal’s opinion with a petition for rehearing in the Court of Appeal, or a petition for review in the California Supreme Court, then the timing of the remittitur depends on whether or not either court agrees to hear the case.
What’s in a remittitur? A remittitur is a document that terminates the Court of Appeal’s jurisdiction over a case. A remittitur also says if any party is eligible to get reimbursed for some or all of their costs in the appeal.
What happens after the remittitur? The case transfers back to the trial court. Moving forward, the trial court handles everything that needs to be done in the case. The trial court has the legal authority to enforce the Court of Appeal’s decision. The trial court may also hold additional hearings as necessary.
What happens next? The remittitur is the end of the appeal process. The parties are expected to follow the instructions of the Court of Appeal and trial court to carry out the decision. If the parties have questions about their responsibilities or the decision in the case, they can contact the trial court.
FORMS
Documents you will need for your case.