Rule 8.903. Stay of execution on appeal
Cal. Rules of Court, rule 8.903
Current text effective January 1, 2009.
#(a) Application
Pending appeal, the defendant may apply to the appellate division for a stay of execution after a judgment of conviction.
#(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 8.903 adopted effective January 1, 2009.
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.
#Advisory Committee Comment
Subdivision (c). Under rule 8.804, the prosecuting attorney means the city attorney, county counsel, or district attorney prosecuting the infraction.