Rule 8.112. Petition for writ of supersedeas
(1)A party seeking a stay of the enforcement of a judgment or order pending appeal may serve and file a petition for writ of supersedeas in the reviewing court.
(2)The petition must bear the same title as the appeal and, if known, the appeal's docket number.
(3)The petition must explain the necessity for the writ and include a memorandum.
(4)If the record has not been filed in the reviewing court:
(A)The petition must include a statement of the case sufficient to show that the petitioner will raise substantial issues on appeal, including a fair summary of the material facts and the issues that are likely to be raised on appeal.
(B)The petitioner must file the following documents with the petition:
(i)The judgment or order, showing its date of entry;
(ii)The notice of appeal, showing its date of filing;
(iii)A reporter's transcript of any oral statement by the court supporting its rulings related to the issues that are likely to be raised on appeal, or, if a transcript is unavailable, a declaration fairly summarizing any such statements;
(iv)Any application for a stay filed in the trial court, any opposition to that application, and a reporter's transcript of the oral proceedings concerning the stay or, if a transcript is unavailable, a declaration fairly summarizing the proceedings, including the parties' arguments and any statement by the court supporting its ruling; and
(v)Any other document from the trial court proceeding that is necessary for proper consideration of the petition.
(C)The documents listed in (B) must comply with the following requirements:
(i)If filed in paper form, they must be bound together at the end of the petition or in separate volumes not exceeding 300 pages each. The pages must be consecutively numbered;
(ii)If filed in paper form, they must be index-tabbed by number or letter, and
(iii)They must begin with a table of contents listing each document by its title and its index number or letter.
(5)The petition must be verified.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007, January 1, 2008, January 1, 2010, and July 1, 2013.)
(1)Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.
(2)An opposition must state any material facts not included in the petition and include a memorandum.
(3)The court may not issue a writ of supersedeas until the respondent has had the opportunity to file an opposition.
(Subd (b) amended effective January 1, 2007.)
(c) Temporary stay
(1)The petition may include a request for a temporary stay under rule 8.116 pending the ruling on the petition.
(2)A separately filed request for a temporary stay must be served on the respondent. For good cause, the Chief Justice or presiding justice may excuse advance service.
(Subd (c) amended effective January 1, 2007.)
(d) Issuing the writ
(1)The court may issue the writ on any conditions it deems just.
(2)The court must hold a hearing before it may issue a writ staying an order that awards or changes the custody of a minor.
(3)The court must notify the superior court, under rule 8.489, of any writ or temporary stay that it issues.
(Subd (d) amended effective January 1, 2009; previously amended effective January 1, 2007, and January 1, 2008.)
Rule 8.112 amended effective January 1, 2016; repealed and adopted as rule 49 effective January 1, 2005; previously amended and renumbered as rule 8.112 effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2009, January 1, 2010, and July 1, 2013.
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).