What is the automatic stay rule?

California, United States of America


The following excerpt is from Dowling v. Zimmerman, 103 Cal.Rptr.2d 174, 85 Cal.App.4th 1400 (Cal. App. 2001):

The purpose of the automatic stay rule is "to protect the appellate court's jurisdiction by preserving the status quo until the appeal is decided. The rule prevents the trial court from rendering an appeal futile by altering the appealed judgment or order by conducting other proceedings that may affect it. [Citation.]" (Elsea v. Saberi (1992) 4 Cal.App.4th 625, 629.)

Other Questions


Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Does the automatic stay rule apply to an appeal from a non-appealable order? (California, United States of America)
Can a defendant manipulate the rule of rule 31(d) to bypass the statutory certificate requirement under section 1237.5 of the Criminal Code? (California, United States of America)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
Does the absence of an explanation of a ruling make it more difficult for the appellate court to uphold the ruling as reasonable? (California, United States of America)
What is rule 35 of the Federal Criminal Code and what is the effect of rule 35 on the sentence? (California, United States of America)
What is the law of the case rule on the doctrine of law-of-the case rule? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
In what circumstances will the federal constitutional rule of automatic reversal apply in cases involving coerced confessions? (California, United States of America)
Does the rule of automatic reversal apply to denial of counsel in a capital case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.