Rule 8.272. Remittitur
Cal. Rules of Court, rule 8.272
Current text effective January 1, 2018.
#(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 clerk/executive officer of the Court of Appeal 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/executive officer must send the lower court or tribunal the Court of Appeal remittitur and a filed-endorsed 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 clerk/executive officer of the Court of Appeal 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 filed-endorsed copy of the Supreme Court opinion or order.
(Subd (b) amended effective January 1, 2018; previously amended effective January 1, 2007, and January 1, 2016.)
#(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.)
#(d) Notice
#(1) The remittitur is deemed issued when the clerk/executive officer enters it in the record. The clerk/executive officer 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/executive officer 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, 2018; previously amended effective January 1, 2007.)
#History
Rule 8.272 amended effective January 1, 2018; repealed and adopted as rule 26 effective January 1, 2003; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2016.
What this rule requires
Filing Timing and Cure Windows
A Court of Appeal must issue a remittitur after a decision in an appeal.
The clerk/executive officer of the Court of Appeal 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
On receiving the Supreme Court remittitur, the clerk/executive officer of the Court of Appeal must issue a remittitur immediately if there will be no further proceedings in the Court of Appeal; and
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).
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.
The remittitur is deemed issued when the clerk/executive officer enters it in the record.
Service and Proof of Service Rules
The clerk/executive officer must send the lower court or tribunal the Court of Appeal remittitur and a filed-endorsed copy of the opinion or order.
The clerk must send the lower court or tribunal the Court of Appeal remittitur, a copy of the Supreme Court remittitur, and a filed-endorsed copy of the Supreme Court opinion or order.
The clerk/executive officer must immediately send the parties notice of issuance of the remittitur, showing the date of entry.
If a decision without further trial court proceedings changes a specified state prison sentence, credit, or maximum confinement, the clerk/executive officer must send the remittitur and opinion or order to the relevant state department or division.
The rule's wording
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/executive officer 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.
Official text: courts.ca.gov , checked October 19, 2026.
#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.