Legal Question in Appeals and Writs in California

The trial court did not sign on the remanded order which was ordered by appellate court. Though it was ruled as it was remanded in December 2010, the court did not sign on it for 4 months. On 04/01/2011, the trial court mentioned that it signed on it but I have not received it. In this case, how many days do I have in order to reappeal on this matter?


Asked on 5/20/11, 5:07 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You have not provided enough information. Please feel free to contact me directly if you want to discuss your case. I am a certified appellate specialist with many years of experience.

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Answered on 5/20/11, 5:24 pm
James Goff James R. Goff, Attorney at Law

Mr. Hoffman's reply is correct. Is this a civil or criminal matter? Is it a misdemeanor criminal matter or a felony? Generally, you have 60 days to file an appeal. But again the exceptions sometimes swallow the rule, so you need to specify the nature of the proceedings.

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Answered on 5/21/11, 11:35 am
Anthony Roach Law Office of Anthony A. Roach

Your post does not make a lick of bit of sense.

The appellate court is the one that signs the opinion. If that contains orders, those will be in the opinion. When the appellate court concludes the matter, they issue a remittitur. That is actually issued by the clerk of the appellate court after the opinion becomes final by the passage of time, or review is denied by the California Supreme Court. The remittitur attaches a file stamped copy of the opinion and order, if any, to the court below.

Upon remand, the trial court is required to follow the terms of any remand order in the opinion, or order attached to the remittitur. But the trial court is not required to sign anything.

If you lost in the appellate court, you should have petitioned for review with the California Supreme Court within 10 days after the decision became final in the appellate court. You don't file a new appeal again just because things didn't go your way in the appellate court.

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Answered on 5/21/11, 2:56 pm


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