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2014 California Rules of Court

Rule 3.650. Duty to notify court and others of stay

(a) Notice of stay

The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. The notice of stay must be served on all parties who have appeared in the case.

(b) When notice must be provided

The party responsible for giving notice under (a) must provide notice if the case is stayed for any of the following reasons:

(1)An order of a federal court or a higher state court;

(2)Contractual arbitration under Code of Civil Procedure section 1281.4;

(3)Arbitration of attorney fees and costs under Business and Professions Code section 6201; or

(4)Automatic stay caused by a filing in another court, including a federal bankruptcy court.

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

(c) Contents of notice

The notice must state whether the case is stayed with regard to all parties or only certain parties. If it is stayed with regard to only certain parties, the notice must specifically identify those parties. The notice must also state the reason that the case is stayed.

(Subd (c) amended effective January 1, 2006.)

(d) Notice that stay is terminated or modified

When a stay is vacated, is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice of termination or modification of stay. If that party fails to do so, any other party in the action who has knowledge of the termination or modification of the stay must serve and file a notice of termination or modification of stay. Once one party in the action has served and filed a notice of termination or modification of stay, other parties in the action are not required to do so.

(Subd (d) amended effective January 1, 2006.)

Rule 3.650 amended and renumbered effective January 1, 2007; adopted as rule 224 effective January 1, 2004; previously amended effective January 1, 2006.

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