Cal. R. 8.116

As amended through September 20, 2024

Rule 8.116 - Request for writ of supersedeas or temporary stay

(a) Information on cover

If a petition for original writ, petition for review, or any other document requests a writ of supersedeas or temporary stay from a reviewing court, the cover of the document must:

(1) Prominently display the notice "STAY REQUESTED"; and

(2) Identify the nature and date of the proceeding or act sought to be stayed. (Subd (a) amended effective January 1, 2007.)

(b)Additional information

The following information must appear either on the cover or at the beginning of the text:

(1) The trial court and department involved; and

(2) The name and telephone number of the trial judge whose order the request seeks to stay.

(Subd (b) amended effective January 1, 2007.)

(c)Sanction

If the document does not comply with (a) and (b), the reviewing court may decline to consider the request for writ of supersedeas or temporary stay.

Cal. R. Ct. 8.116

Rule 8.116 amended and renumbered effective 1/1/2007; repealed and adopted as rule 49.5 effective 1/1/2005.

Advisory Committee Comment

Subdivision (a). If the preparation of a reporter's transcript has not yet been completed at that time a petition for a writ of supersedeas is filed, that transcript is "unavailable" within the meaning of (a)(4)(B).