How does the clerk of the court remit to the trial court a copy of the judgment or order of the reviewing court?

California, United States of America


The following excerpt is from Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, 1 Cal.App.5th 452, 204 Cal.Rptr.3d 663 (Cal. App. 2016):

from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken. (See Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 701, 107 Cal.Rptr.2d 149, 23 P.3d 43.) Further, Code of Civil Procedure section 912 states in part, Upon final determination of an appeal by the reviewing court, the clerk of the court shall remit to the trial court a certified copy of the judgment or order of the reviewing court and of its opinion, if any. (See Snukal v. Flightways Manufacturing, Inc. (2000) 23 Cal.4th 754, 774, 98 Cal.Rptr.2d 1, 3 P.3d 286.)

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