Cal. Rules of Court, rule 8.312 · Article 1. Taking the Appeal
Stay of execution and release on appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Application
Pending appeal, the defendant may apply to the reviewing court:
(1) For a stay of execution after a judgment of conviction or an order granting probation; or
(2) For bail, to reduce bail, or for release on other conditions.
(b) Showing
The application must include a showing that the defendant sought relief in the superior court and that the court unjustifiably denied the application.
(c) Service
The application must be served on the district attorney and on the Attorney General.
(d) 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.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007.)
(Subd (d) amended effective January 1, 2009; previously amended effective January 1, 2007.)
Rule 8.312 amended effective January 1, 2009; adopted as rule 30.2 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.
Advisory Committee Comment
Subdivision (a). The remedy of an application for bail under (a)(2) is separate from but consistent with the statutory remedy of a petition for habeas corpus under Penal Code section 1490. (In re Brumback (1956) 46 Cal.2d 810, 815, fn. 3.)
An order of the Court of Appeal denying bail or reduction of bail, or for release on other conditions, is final on filing. (See rule 8.366(b)(2)(A).)
Subdivision (d). The first sentence of (d) recognizes the case law holding that a reviewing court may grant bail or reduce bail, or release the defendant on other conditions, pending its ruling on an application for that relief. (See, e.g., In re Fishman (1952) 109 Cal.App.2d 632, 633; In re Keddy (1951) 105 Cal.App.2d 215, 217.) The second sentence of the subdivision requires the reviewing court to notify the superior court under rule 8.489 when it grants either (1) a stay to preserve the status quo pending its ruling on a stay application or (2) the stay requested by that application.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_312
- Text hash
- sha256 fa5d8818707d35add2b836c1347e296276332654850261dfef29fb6dd01a2509
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.