Rule 8.540. Remittitur
(a) Proceedings requiring issuance of remittitur
The Supreme Court must issue a remittitur after a decision in:
(1)A review of a Court of Appeal decision; or
(2)An appeal from a judgment of death or in a cause transferred to the court under rule 8.552.
(Subd (a) amended effective January 1, 2007.)
(b) Clerk's duties
(1)The clerk must issue a remittitur when a decision of the court is final. The remittitur is deemed issued when the clerk enters it in the record.
(2)After review of a Court of Appeal decision, the Supreme Court clerk must address the remittitur to the Court of Appeal and send that court two copies of the remittitur and two file-stamped copies of the Supreme Court opinion or order.
(3)After a decision in an appeal from a judgment of death or in a cause transferred to the court under rule 8.552, the clerk must send the remittitur and a file-stamped copy of the Supreme Court opinion or order to the lower court or tribunal.
(4)The clerk must comply with the requirements of rule 8.272(d).
(Subd (b) amended effective January 1, 2007.)
(c) Immediate issuance, stay, and recall
(1)The Supreme Court may direct immediate issuance of a remittitur on the parties' stipulation or for good cause.
(2)On a party's or its own motion 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.
Rule 8.540 amended and renumbered effective January 1, 2007; repealed and adopted as rule 29.6 effective January 1, 2003.