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.
(Subd (d) amended effective January 1, 2007.)
Rule 8.272 amended effective January 1, 2008; repealed and adopted as rule 26 effective January 1, 2003; previously amended effective January 1, 2007.
Advisory Committee Comment
See rule 8.386 for provisions addressing remittitur in habeas corpus proceedings and rule 8.490 for provisions addressing remittitur in other writ proceedings.