What is a Remittitur?

All cases begin and end at the trial court level. Even where a litigant appeals the trial level outcome to a higher court, the higher court can only review the issues presented to it. For example, if an appellate court reverses the findings of a trial court, the appellate court must send the case back to the trial court so that it can enter an order consistent with the appellate findings. The act of sending a case back to the trial court is known as “remittitur.”

Remittiturs are entered at the conclusion of every case on the appellate and supreme court level. At minimum, a remittitur returns the jurisdiction of the case to the trial level court, and also signifies that the physical file has been transmitted back to the trial court.

If the reviewing court has made a decision inconsistent with the trial court, the remittitur will include instructions for the trial court to enter an order consistent with the appellate court’s decision, retry the case, or take any other action deemed necessary.

If a remittitur has been entered in your case, there is no need to take immediate action. If further proceedings are necessary, the trial court will schedule these proceedings and notify all parties.

To speak with a knowledgeable attorney about your appeal, contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).