The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed 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.
§ 43.Powers of appellate court; Determination of law questions; Remittal of judgment
Title 1. Organization and Jurisdiction · Chapter 3. Supreme Court · Last amended 1967 · Last verified July 28, 2026
In one sentence§ 43 authorizes the Supreme Court and the courts of appeal to affirm, reverse, or modify an appealed judgment or order, to direct entry of the correct judgment or order, or to order a new trial or further proceedings, and requires them to resolve every legal question the appeal presents before remitting the case.
Full Text of § 43
Plain-English Summary
§ 43 spells out what an appellate court can do once it decides an appeal. It can affirm the judgment below, reverse it, modify it, direct entry of the judgment or order that should have been entered, or order a new trial or further proceedings in the trial court.
If the court orders a new trial, it must also resolve every question of law the appeal raised that bears on the case’s final resolution — the point being to give the trial court clear guidance rather than leave the same legal disputes to resurface. Once the appellate court decides, its judgment is remitted back to the court the appeal came from, which then carries out what the appellate court ordered.
Frequently Asked Questions
What can an appellate court do with a judgment on appeal?
§ 43 lets it affirm, reverse, or modify the judgment or order, direct entry of the correct judgment or order, or send the case back for a new trial or further proceedings.
If the case goes back for a new trial, does the appellate court have to explain the legal issues?
Yes — § 43 requires the court to pass on and determine every question of law the appeal presented that is necessary to the case’s final resolution.
Amendment History
Enacted 1872 as § 45. Repealed and re-enacted as § 53 Code Amdts 1880 ch 35 § 1. Amended Stats 1933 ch 743 § 6. Amended and renumbered Stats 1967 ch 17 § 5.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: appellate court powers Californiaaffirm reverse modify judgmentremand for new trial California