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Court Rules

California Rules of Court

Rule 8.394. Stay of execution on appeal

Cal. Rules of Court, rule 8.394

Current text effective April 25, 2019.

#(a) Application

Pending appeal under this article, the petitioner may apply to the reviewing court for a stay of execution of the death penalty. The application must be served on the People.

#(b) Interim relief

Pending its ruling on the application, the reviewing court may grant the relief requested. The reviewing court must notify the superior court under rule 8.489 of any stay that it grants. Notification must also be sent to the clerk/executive officer of the Supreme Court.

#History

Rule 8.394 adopted effective April 25, 2019.

What this rule requires

Service and Proof of Service Rules

  • The application must be served on the People.

Chambers Communication Rules

  • The reviewing court must notify the superior court under rule 8.489 of any stay that it grants.

  • Notification must also be sent to the clerk/executive officer of the Supreme Court.

Official text: courts.ca.gov , checked October 19, 2026.