TL;DR:
- A California civil appeal decision may not be the final chapter. Whether the ruling affirms, reverses, or remands the trial court’s judgment, each outcome has distinct implications.
- Affirmed: The original decision stands. You may still pursue a rehearing or petition the Supreme Court, but timelines are tight.
- Reversed: The judgment is undone, possibly leading to a new trial or a different ruling directed by the appellate court.
- Remanded: The case goes back to the trial court for further action under specific instructions.
- Remittitur: This document formally returns jurisdiction to the trial court and sets the next steps in motion.
- Post-decision actions like rehearing or Supreme Court review are rare but vital options in specific situations.
What The Court Of Appeal’s Decision Implies
When you receive a decision from the California Court of Appeals, it’s natural to assume the case is over. But often, that’s just the beginning of the next phase. You must understand what the court decided and what it means for you.Three Main Outcomes
The court’s opinion isn’t just a yes or no. It’s a legal roadmap that influences everything that happens next. There are three main outcomes:- Affirmed: The appellate court agrees with the trial court. Nothing changes, and the original judgment stands.
- Reversed: The appellate court finds that the trial court made a significant legal mistake. The judgment is undone.
- Remanded: The case is sent back to the trial court with instructions for further proceedings.
The Remittitur’s Role
The remittitur is the formal document that transfers the case back to the trial court. It’s typically issued 30 days after the appellate decision becomes final. This document allows the trial court to proceed under the appellate court’s decision. Understanding the remittitur is essential. It marks the transition from appellate review back to trial court proceedings. Once the remittitur is issued, what happens next depends on the type of decision. It starts with what it means if your case is affirmed.What Comes Next If the Decision Is Affirmed
An affirmed decision means the appellate court agrees with the trial court’s ruling. The case concludes unless further appeal is pursued.Options For The Losing Party
If dissatisfied with the outcome, the losing party may file a petition for rehearing within 15 days, asking the appellate court to reconsider. They may also petition the California Supreme Court within 10 days after the decision becomes final. Both options carry short deadlines and high standards, making them strategic choices that require careful legal evaluation rather than automatic next steps.Financial Implications
For the prevailing party, an affirmed decision may come with a financial upside. You may be entitled to recover certain costs and even attorney fees, depending on the case or contract involved. To make that happen, you must file a memorandum of costs in the trial court, itemizing what you spent during the appeal. Even with a final ruling in place, it’s smart to be proactive. Enforcement, recovery, or wrapping up the case all require timely filings and attention to detail. Now, what if the appellate court didn’t agree with the trial court at all? That takes us into different territory entirely. Here’s what happens when a decision gets reversed and the case comes roaring back to life.Reopening The Case If The Decision Is Reversed
A reversal is exactly what it sounds like: the appellate court found a legal mistake in the trial court’s ruling and decided to undo it. That doesn’t mean you’ve automatically won or lost. It means the case is heading back to the trial court, and things are about to get active again.What Does A Reversal Mean For You?
Here’s what the appellate court might do with a reversal:- Order a new trial: This means the previous trial is wiped, and both sides may present their case again.
- Direct the trial court to enter a different judgment: In some cases, the appellate court gives a clear instruction that changes the outcome without a new trial.
- Send back specific issues for review: The trial court may need to re-examine one piece of the case, such as damages or legal interpretation.
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Appellate Action
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What It Means
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What You Should Do
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|---|---|---|
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New Trial Ordered
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he entire case may be retried
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Prep with the legal team and evidence
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Judgment Directed
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A new judgment was entered by the trial court
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Review judgment and next steps
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Partial Remand
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Only specific issues revisited
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Focus strategy on narrow questions
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Strategic Considerations
Reversal often opens the door to a better outcome, but it’s not automatic. You need to work closely with your attorney to understand what the court’s opinion permits. This is your second chance, and it comes with deadlines, prep work, and sometimes, fresh arguments. Reopened cases require a new strategy. Treat it like the next chapter, not a rerun. Be ready to adapt and move quickly. Sometimes, the court doesn’t outright reverse, but instead sends the case back with specific instructions. Let’s look at what a remand means.If The Case Is Remanded: Preparing For Further Proceedings
When a case is remanded, it’s not a full win or a total loss; it’s a “go back and fix this.” The appellate court is telling the trial court, “You missed something. Try again.” But what exactly happens after that?What Remand Really Means
Remand means the appellate court is sending the case back to the trial court with specific instructions on what needs to be addressed. This could involve holding a new trial on all or some issues. It might also mean ruling on a motion that was previously overlooked or mishandled. Another possibility is recalculating damages under the correct legal standard. The trial court cannot go beyond those instructions if the appellate opinion directs it to address the statute of limitations; that is the only issue it may consider.What You Can Expect
Depending on the instructions, the next steps might include:- Scheduling hearings on the remanded issues.
- Reopening discovery if needed.
- Filing new motions or responses based on the court’s direction.
Post-Decision Actions: Rehearing & Supreme Court Review
So, the Court of Appeal has ruled. But what if something critical was overlooked? Or what if the case involves a bigger legal issue that deserves another look? That’s where post-decision actions come in. These aren’t used often, but when they are, they need to be done quickly and precisely.Petition For Rehearing
A petition for rehearing asks the same appellate court to reconsider its decision, not simply because you disagree with the outcome, but to correct clear mistakes. You might file one if the court overlooked a key fact, made a significant legal error in its opinion, or issued a ruling that impacts other parts of the case it did not address. Factors to consider:- Deadline: You only have 15 days from when the decision is filed. That clock starts ticking fast.
- Chances of success: Low, unless you can show a clear oversight.
- Tip: Be concise, focused, and factual. Emotional arguments won’t help here.
Petition For Review By The Supreme Court
A petition for review is the legal Hail Mary; sometimes exactly what’s needed, asking the California Supreme Court to intervene. The Court accepts only a small number of civil cases each year, typically those involving conflicting appellate decisions on the same issue, broad legal questions affecting more than just the parties involved, or matters of significant public interest or statewide importance.|
Action
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Deadline
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Outcome Potential
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|---|---|---|
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Petition for Rehearing
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15 days
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Rarely granted
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Petition for Review
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10 days
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Highly selective
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If you’re considering either option, timing and legal strategy are everything. You don’t want to miss a narrow window or a big opportunity.
No matter what the decision, experienced legal guidance can make the difference. Let’s look at how Los Angeles Civil Litigation Lawyer helps you take the right next step.
Daniel Weiner is the Founder & Managing Attorney of Los Angeles Civil Litigation Lawyers. He advises clients across California on business & corporate disputes, commercial litigation, contract negotiations, and employment matters. Weiner earned his LLB from the University of Birmingham in 2003 and his LL.M. from Duke University School of Law in 2005. After honing his skills at Orrick, Herrington & Sutcliffe and Freshfields Bruckhaus Deringer, he now brings that global insight to local challenges. An active member of the Duke University School of Law Alumni Board and a Super Lawyers honoree for 2024 & 2025, he delivers advocacy, precision, and dedication to every case.
