Remittitur Recall Motion Guide

In California, to file a motion to recall the remittitur, you will generally need to draft a document detailing the reasons for the recall, such as the lost petition and any evidence you have. Here's a basic outline you can follow:
*. Title and Introduction:
- Title: Motion to Recall the Remittitur
- Introduction of the parties involved and the case number.
*. Statement of Facts:
- Detail the timeline of events, including the electronic filing to the Court of Appeal and the subsequent mailing to the Supreme Court.
- Mention the remittitur issuance and the discovery of the lost petition.
*. Argument:
- State the legal basis for recalling the remittitur, focusing on the extenuating circumstances (e.g., lost mail).
- Cite any relevant case law or rules of court that support the recall.
*. Evidence:
- Attach any supporting documents, such as mail receipts or electronic filing confirmations.
*. Conclusion:
- Request the court to recall the remittitur and allow the case to proceed.
*. Signature:
- Sign and date the motion.
It's highly recommended to consult with an appellate attorney to ensure the motion is properly drafted and filed.