Step 7: Remittitur

Remittitur is the final step in the appeal process. After the time for review has passed in both the Court of Appeal and the California Supreme Court, the Court of Appeal issues a remittitur and sends a copy to all parties in the case or to their lawyers.

A remittitur is a document that transfers jurisdiction over the case back to the trial court. It also indicates whether any party is eligible to recover costs from the appeal.

Here’s an overview of what to expect in this step of the appeal process.

Timeline for remittitur

The Court of Appeal generally issues a remittitur 61 days after the opinion is issued if no one challenges the opinion.
In cases where the parties agree to settle or otherwise dismiss a case, the Court of Appeal can issue a remittitur immediately, allowing the parties to take further action in the trial court as needed.
If there is a petition for rehearing and the Court of Appeal agrees to hear the case again, the court will not issue a remittitur until 61 days after a new opinion is filed.
If there is a petition for review, the Court of Appeal immediately issues a remittitur after the California Supreme Court denies the petition for review or when the California Supreme Court issues a remittitur after reviewing and deciding the case.

Additional hearings in the trial court

Even though the appeal process is complete, the trial court may still need to hold additional hearings to implement the Court of Appeal’s decision. If this occurs, the trial court will provide instructions to the parties about their requirements and responsibilities.

How cost reimbursement works

The remittitur tells the parties if anyone can get some or all of their appeal costs paid back. This usually applies to the winning party, called the prevailing party.

If you lost in the Court of Appeal

The court may order you to pay some or all of the winning party’s appeal costs.
You have to pay these costs even if you had a fee waiver during the trial or appeal.

If you won in the Court of Appeal

If you are the winning party and want to get your costs paid back, you must file a memorandum of costs with the trial court.
You have 40 days from when the court sends the remittitur to file this memorandum.
Use court form APP-013, Memorandum of Costs on Appeal to ask for your costs back. This form lists costs like filing fees and copying expenses.
Note: You must serve this form to the other parties before you file it with the trial court.

What happens next?

After the Court of Appeal issues a remittitur, the appeal is complete. All parties need to follow the court’s instructions and do what the decision requires, like paying damages or appeal costs.

From this point, the trial court will take care of the case and make sure the Court of Appeal's decision is followed. If anyone has questions after getting the remittitur, they should contact the trial court.