Cal. Rules of Court, rule 8.903 · Article 1. Taking Appeals in Infraction Cases
Stay of execution 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 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.
Notes and commentary — not rule text
History
Rule 8.903 adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (c). Under rule 8.804, the prosecuting attorney means the city attorney, county counsel, or district attorney prosecuting the infraction.
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_903
- Text hash
- sha256 978f089906c9e49a61cceed88b0b0a16e1f42f2132461095af2c3a2ef78ae669
- 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.