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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

5-53 California Forms of Pleading and Practice--Annotated 53.syn


Appeal: Remittitur and Costs on Appeal


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter covers proceedings that occur after a decision has been filed in a civil appeal in a California Court of Appeal. Specifically, the chapter discusses remittitur proceedings, in which a case is returned to the jurisdiction of the superior court. The chapter discusses proceedings to expedite or recall remittitur, as well as proceedings after remittitur in the superior court to recover costs and fees on appeal. Although this chapter focuses on rehearing and remittitur by the courts of appeal, these proceedings apply also to review proceedings before the supreme court, which are almost identical.

In addition, the chapter provides forms relating to remittitur and the recovery of costs on appeal, including a stipulation to expedite remittitur, a stipulation and motion to stay remittitur, a stipulation and motion to recall remittitur, a memoranda for costs on appeal, and a motion to recovery attorney's fees on appeal.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Appeals,Civil Appeals,Remittitur,Costs,Stay of Issuance of Remittitur,Recall of Remittitur,Expedited Issuance of Remittitur,Petition for Extraordinary Writ,Restitution on Reversal,Appellate Costs,Attorney's Fees.


For discussion relating to the overall procedures for civil appeal, see Chapter 40, Appeal: An Overview.

For discussion and forms relating to requests by a party or other interested person for the publication or "depublication" of a court of appeal opinion, see Chapter 41, Appeal: Review Standards and Appellate Rules of Law.

For discussion and forms relating to proceedings to stay trial court proceedings pending appeal and remittitur, see Chapter 43, Appeal: Stay of Proceedings.

For discussion and forms relating to appellate papers and appellate motion procedure generally, see Chapter 45, Appeal: Motion Procedure.

For discussion and forms relating to extension of time for filing, and relief from default for late filing generally, see respectively Chapter 46, Appeal: Extending or Shortening Time, Chapter 47, Appeal: Relief From Default.

For discussion and forms relating to proceedings for the imposition of sanctions on appeal, see Chapter 49, Appeal: Sanctions.


For forms of points and authorities relating to substantive topics of California law, which may be adapted for use in an appellate brief, see California Points and Authorities (Matthew Bender).

For discussion on the subject matter jurisdiction of the California Courts of Appeal, and guidance on moving to transfer a case for lack of subject matter jurisdiction, see Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender), Chapter 10.

For discussion and forms relating to civil appellate practice in the federal courts, see Moore's Federal Practice (Matthew Bender), Chapter 201.
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