8-4. What is the purpose of a remittitur?

A. The remittitur is the document that says that the review of the case in both the Court of Appeal and the Supreme Court has terminated. The remittitur transfers jurisdiction back to the superior court so that the superior court can carry out the decision or decisions of the Court of Appeal or Supreme Court. (Rule 8.272.)

B. The clerk's office schedules the remittitur to issue 65 days after the date of filing of the opinion in the Court of Appeal. This time may be lengthened if a petition for review is filed in the Supreme Court and the Supreme Court extends the period, or grants review. The parties may stipulate to the immediate issuance of a remittitur as part of a settlement and dismissal of an appellate case. (Rules 8.244(c)(2), 8.272(c).)

C. The clerk sends the superior court a copy of the remittitur and a file-stamped copy of the appellate opinion or order. The remittitur includes a judgment awarding costs on appeal to the party prevailing on appeal unless the appellate court otherwise specifies. (Rule 8.276.)

D. If the appellate court awarded you costs on appeal, you must serve and file your memorandum of costs in the superior court within 40 days after the issuance of the remittitur. (Rules 3.1700, 8/276(d).)