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Court Rules

California Rules of Court

Rule 8.540. Remittitur

Cal. Rules of Court, rule 8.540

Current text effective January 1, 2018.

#(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 clerk/executive officer of the Supreme Court must address the remittitur to the Court of Appeal and send that court a copy of the remittitur and a filed-endorsed copy of the Supreme Court opinion or order. The clerk must send two copies of any document sent in paper form.

#(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 filed-endorsed 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, 2018; previously amended effective January 1, 2007, and January 1, 2016.)

#(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.

#History

Rule 8.540 amended effective January 1, 2018; repealed and adopted as rule 29.6 effective January 1, 2003; previously amended and renumbered as rule 8.540 effective January 1, 2007; previously amended effective January 1, 2016.

What this rule requires

Service and Proof of Service Rules

  • After review of a Court of Appeal decision, the clerk/executive officer of the Supreme Court must address the remittitur to the Court of Appeal and send that court a copy of the remittitur and a filed-endorsed copy of the Supreme Court opinion or order.

  • The clerk must send two copies of any document sent in paper form.

  • 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 filed-endorsed copy of the Supreme Court opinion or order to the lower court or tribunal.

Official text: courts.ca.gov , checked October 19, 2026.