Rule 38 Stay of Execution, and Relief Pending Review
Rule Text
(a) Stay of Execution.
(1) Vacant
(2) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is released pending disposition of appeal. If not stayed, the court may recommend to the Attorney General that the defendant be retained under conditions, and at a place, which permit the defendant to assist in the preparation of his/her appeal to the court of appeals.
(3) Fine. A sentence to pay a fine or fine and costs, if an appeal is taken, may be stayed. The court may require the defendant pending appeal to deposit the whole or any pan of the fine and costs in the registry of the trial court, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his/her assets.
(4) Probation. An order placing the defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed, the court shall flX the terms of the stay.