Legal Question in Appeals and Writs in California

Re: Remittitur

I agree with Mr. Stone and want to add one point. Remittiturs are issued in every appeal regardless of outcome. The fact that one was issued in your case says nothing about who won or lost. You thus cannot infer from this document that there will be a retrial. Whatever order the appellate court made remains in effect, and unless it sent the case back to the trial court for a new trial there probably won't be one.

If the remittitur was issued prematurely before your time to seek Supreme Court review had expired -- and if you intend to seek such review -- you should make a motion in the Court of Appeal to recall the remittitur. Go ahead and petition for review in the meantime, since missing that deadline can be fatal and since the Court of Appeal may take time before it rules on your motion.

Re: Remittitur

A 'remittitur' issues after the appellate court's decision becomes final, the time to file a motion for rehearing (or a petition for review in the Supreme Court) has expired, and the case file is sent back to the superior court. Since you are acting as your own lawyer and you don't know what a remittitur is, I infer from this that you also had no clue as to how to do an appeal, and that you lost. You can look up the Court of Appeal's decision at www.courtinfo.ca.gov/opinions unless it is a confidential case.

Re: Remittitur

It is really hard to tell from your post where you are in the appellate process. Normally, there should be a written opinion (either published or unpublished) that will tell the court below what to do.

Remittiturs are also issued by the Courts of Appeal after there has been a dismissal of an appeal, and no one has filed a motion to set aside the dismissal. The dismissal is usually for a rule violation, and is not a decision of your case on the merits. I would recommend that you consult with an appellate lawyer as soon as possible, to determine whether you have lost (permanently) any rights.

Very truly yours,