Step 6: Court opinion

Timeline of the court’s decision

After all briefs are filed and oral arguments are made or waived, the case is submitted to the Court of Appeal for a decision.

The Court of Appeal has 90 days from the submission date to make a decision.

Note: The court can issue an order dismissing the appeal at any time while the case is pending. If this happens early in the appeal process, the court does not need to allow the parties to file a brief or present an oral argument.

What the court can decide

The Court of Appeal’s decision may result in one of the following:

• Affirm: The court upholds the trial court’s judgment or order.
• Modify: The court changes the trial court’s judgment or order.
• Reverse: The court reverses all or part of the trial court’s judgment or order.
• Remand: The case is sent back to the trial court for a new trial or hearing.
• Dismiss: The court dismisses the appeal if it was not filed on time, if there is no appealable order, or if there is a procedural issue (like failure to file a brief or pay a fee).

The court’s opinion may also mention who may be eligible to have their appeal fees paid by the other party.

How the court makes a decision

An appeal must be decided by three justices from the Court of Appeal. A majority (two of the three justices) must agree on the decision. However, some orders can be made by a single justice.

What’s in the written decision

Regardless of the decision, the justices issue a written order or opinion. They typically provide reasons for their decision.

The justices are not required to provide an opinion if they issue an order dismissing the appeal.

Usually, there is one written statement signed by all justices. Sometimes, a justice may write an additional opinion, which can be:

• Concurrence: A justice agrees with the decision.
• Dissent: A justice disagrees with the decision.

How the court notifies the parties

When the Court of Appeal reaches a decision, the court clerk sends notice of the opinion or order to all parties involved.

If a party does not have a lawyer, the notice goes directly to them. If a party has a lawyer, the notice is sent to their lawyer.

Asking for reimbursement of court costs

The Court of Appeal’s opinion usually includes details about awarding costs on appeal. This means that the court will outline which party is responsible for paying the court costs incurred during the appeal process.

Generally, the winning party can ask the other party to cover their court costs. In some cases, they may also request reimbursement for attorney fees.

After the court issues a remittitur (the final step in an appeal), the winning party can file a memorandum of costs in the trial court if costs were awarded. The trial court will then process the request and inform the parties about the next steps. For questions about reimbursement, parties can contact the trial court.

Challenging the court’s opinion or order

A party who loses the appeal can either accept the Court of Appeal’s decision or take further action. If unhappy with the opinion, they can:

• File a petition for rehearing: Request the court to reconsider its opinion if they believe the court stated the facts or law incorrectly or missed an important issue.
• File a petition for review: Ask the California Supreme Court to review the case.

If the court dismisses the appeal due to a procedural issue, the appellant can ask for a rehearing by filing a motion to reinstate the appeal.

What happens next?

The Court of Appeal has legal authority over the case for 30 days after issuing an opinion or order.

Any party can file a petition for rehearing or a motion to reinstate the appeal within 15 days after the opinion or order is issued.

If no one challenges the Court of Appeal’s decision, it becomes final after 30 days. At that point, a party can file a petition for review with the California Supreme Court.

If no petition is filed, the Supreme Court can still choose to review the case, but this is rare. After the time for review passes, the Court of Appeal will issue a remittitur, transferring the case back to the trial court.

If someone challenges the Court of Appeal’s opinion or order, what happens next will depend on the responses from the Court of Appeal and/or the California Supreme Court.