Legal Question in Real Estate Law in California

Do I need to file an answer to a Remittitor? If so, how?


Asked on 8/04/11, 9:02 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A "remittitur" is essentially the cover letter a reviewing court, such as the Court of Appeal, uses to send a case back to the jurisdiction of the trial court after an appeal is procedurally complete in the reviewing court. Usually, the remittitur itself is more of an after-the-fact reminder notice to the parties than an action requiring a response in itself. By the time the remittitur is issued, the parties will have known for weeks what the result of the appeal was, and should have figured out what they need to do, or can do, next (if anything). If you are a self-represented party and have appealed, by the time the remittitur is issued it is probably too late to hire an attorney, so I'm not going to tell you that. Read the court's decision and be governed accordingly.

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Answered on 8/04/11, 9:16 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. I write further to point out that your post is a little vague. There is a procedure in federal courts, called remittitur, which involves a motion to reduce damages. Additionally, with respect to the appellate procedure set forth by Mr. Whipple, there is also a motion to recall a remittitur. It is not clear from your post whether you are concerned over an appellate remittitur, or an opponent's motion to recall the remittitur.

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Answered on 8/05/11, 7:36 am


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