Legal Question in Appeals and Writs in California

Re: In the California Appellate courts --

The Court of Appeal typically issues the remittiture 60 days after the opinion is filed (assuming that the petitions for review and rehearing were not filed or denied).

Further proceedings in the trial court are up to the parties. Typically, the parties should file a motion if further proceedings need to be done.

Re: In the California Appellate courts --

The remittitur is the order of the higher court reversing, affirming or otherwise telling the lower court the result of the appellate proceeding. The appellate opinion, if there is one, explains the reasons for the ultimate ruling. The opinion becomes the law of the case for further proceedings in the lower court.

It is usually issued after the time for review in the higher courts has elapsed. It vests jurisdiction back in the lower court and divests the appellate court of jurisdiction over the matter.

The prevailing party will then move the trial court for appellate costs, if awarded. The party who wants further lower court proceedings then has the burden to seek same.

Re: In the California Appellate courts --

Normally, the judgment becomes final and the lower court retains jurisdiction for enforcement and costs on appeal.