Cal. Rules of Court, rule 8.394 · Article 2. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings
Stay of execution on appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
Notes and commentary — not rule text
History
Rule 8.394 adopted effective April 25, 2019.
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_394
- Text hash
- sha256 497083ebcfa36d63018daa6ad6b5da0baa148572822af0c332c70650ce677086
- 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.
California Rules of Court
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.