- For Attorneys
Remittitur is a term with different meanings. Generally it means "to send back". In the context of a jury verdict, it refers to a judge's order reducing a judgment awarded by a jury when it exceeds the amount asked for by the plaintiff. It may also be ordered when the jury's verdict is deemed excessive as a matter of law.
In the context of appellate procedure, it refers to an appellate court sending a case back to the trial court so that the case can be retried, or so that trial court can enter an order that conforms to the findings of the appellate court. Remittitur is a process by which jurisdiction is transferred back from the appellate court to the trial court. Remittitur divests the appellate court of the jurisdiction after it has resolved the appeal, and permits full jurisdiction over the judgment to be returned to the trial court.
The following is a CA Rule of Court:
Rule 8.272. Remittitur
(a) Issuance of remittitur
A Court of Appeal must issue a remittitur after a decision in an appeal.
(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)
(b) Clerk's duties
(1)If a Court of Appeal decision is not reviewed by the Supreme Court:
(A)The Court of Appeal clerk must issue a remittitur immediately after the Supreme Court denies review, or the period for granting review expires, or the court dismisses review under rule 8.528(b); and
(B)The clerk must send the lower court or tribunal the Court of Appeal remittitur and a file-stamped copy of the opinion or order.
(2)After Supreme Court review of a Court of Appeal decision:
(A)On receiving the Supreme Court remittitur, the Court of Appeal clerk must issue a remittitur immediately if there will be no further proceedings in the Court of Appeal; and
(B)The clerk must send the lower court or tribunal the Court of Appeal remittitur, a copy of the Supreme Court remittitur, and a file-stamped copy of the Supreme Court opinion or order.
(Subd (b) amended effective January 1, 2007.)
(c) Immediate issuance, stay, and recall
(1)A Court of Appeal may direct immediate issuance of a remittitur only on the parties' stipulation or on dismissal of the appeal under rule 8.244(c)(2).
(2)On a party's or its own motion or on stipulation, and for good cause, the court may stay a remittitur's issuance for a reasonable period or order its recall.
(3)An order recalling a remittitur issued after a decision by opinion does not supersede the opinion or affect its publication status.
(Subd (c) amended effective January 1, 2007.)
(1)The remittitur is deemed issued when the clerk enters it in the record. The clerk must immediately send the parties notice of issuance of the remittitur, showing the date of entry.
(2)If, without requiring further proceedings in the trial court, the decision changes the length of a state prison sentence, applicable credits, or the maximum permissible confinement to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the clerk must send a copy of the remittitur and opinion or order to either the Department of Corrections and Rehabilitation or the Division of Juvenile Justice.