Jul 07, 2021
What happens after I win an appeal?

California:  An appeal is not “final” until 30 days after the Court of Appeal files its written opinion.

The losing party has 15 days after the decision is issued to file a petition for rehearing in the Court of Appeal, and 10 days after the written opinion becomes “final” to file a petition for review in the California Supreme Court.

Shortly after an appeal is final, the Court of Appeal transfers the case back to the trial court via a document called a “remittitur.” The remittitur ends the appeal process.

Federal:  After the court of appeals issues its opinion and judgment, the losing party has 14 days (or 45 days if the United States is a party) to file a petition for rehearing, which asks the same panel of judges and/or an “en banc” panel—a larger group of judges from the court—to reconsider the decision.  Seven days after the time for filing a petition for rehearing has run, the court will issue the “mandate,” which transfers jurisdiction back to the lower court and formally directs the lower court to do what the court of appeals has ordered in its judgment.

If the losing party wishes to seek review by the United States Supreme Court, they have 90 days to file a petition for writ of certiorari.