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Court Rules

California Rules of Court

Rule 8.854. Stay of execution and release on appeal

Cal. Rules of Court, rule 8.854

Current text effective January 1, 2009.

#(a) Application

Pending appeal, the defendant may apply to the appellate division:

#(1) For a stay of execution after a judgment of conviction or an order granting probation; or

#(2) For bail for release from custody, to reduce bail for release from custody, or for release on other conditions.

#(b) Showing

The application must include a showing that the defendant sought relief in the trial court and that the court unjustifiably denied the application.

#(c) Service

The application must be served on the prosecuting attorney.

#(d) Interim relief

Pending its ruling on the application, the appellate division may grant the relief requested. The appellate division must notify the trial court of any stay that it grants.

#History

Rule 8.854 adopted effective January 1, 2009.

#Advisory Committee Comment

Subdivision (c). As defined in rule 8.804, the "prosecuting attorney" may be the city attorney, county counsel, district attorney, or state Attorney General, depending on what government agency filed the criminal charges.

What this rule requires

Service and Proof of Service Rules

  • The application must be served on the prosecuting attorney.

Chambers Communication Rules

  • The appellate division must notify the trial court of any stay that it grants.

Document Filing Requirements

  • The application must include a showing that the defendant sought relief in the trial court and that the court unjustifiably denied the application.

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