Rule 39 Stays

When the prosecution or defense files certain early appeals in a criminal case, everything stops. This applies to two types of appeals: one where a party appeals a decision made before the trial is over (called an interlocutory appeal), and one where a judge dismisses one or more charges before trial even starts. Once either of these appeals is filed, the case automatically freezes. No further action happens in the trial court while the appeal is being decided.

This automatic pause protects both sides from wasting time and resources on a case that might change significantly based on the appeal's outcome. For example, if a judge throws out a key charge before trial and the prosecution appeals that decision, the whole case stops moving forward until the appeals court rules.

The freeze does not have to last until the very end, though. The appellate court has the power to lift the stay, either completely or partly, if it decides the case should move forward in some way while the appeal is still pending. So while the pause is automatic at first, the appeals court keeps control over how long it lasts and whether any part of the case can continue in the meantime.