Rule 8.903 Stay of execution on appeal

If you have been convicted and are waiting for your appeal to be heard, you can ask the appeals court to put your sentence on hold. This is called a "stay of execution," which means pausing whatever punishment the court ordered, such as jail time or fines, while your appeal moves forward.

Before the appeals court will consider your request, you must show that you already asked the trial court for the same thing and that the trial court said no without a good reason. You also have to send a copy of your request to the prosecutor handling your case.

While the appeals court decides whether to grant the stay, it can give you temporary relief right away. If it does grant a stay, it must let the trial court know.