US · rules
C.D. Cal. L.R. 83-17.6
Stays of Execution
(a) Stay Pending Final Disposition - Upon the filing of a habeas
corpus petition, unless the petition is patently frivolous or
clearly premature, the Court may issue a stay of execution
pending final disposition of the petition in the district court.
(b) Stay for the Request for Appointment of Counsel - Upon the
filing of a request for appointment of counsel, unless the
request is patently frivolous or clearly premature, the Court
must issue a temporary stay of execution. The stay must
terminate not later than 90 days after counsel is appointed or the
request for appointment of counsel is withdrawn or denied.
(c) Stay Pending Appeal - If the petition is denied and a certificate
of appealability is issued, the Court may grant a stay of
execution which will continue in effect until the Court of
Appeals acts upon the appeal or the order of stay.
(d) Notice of Stay - Upon the granting of any stay of execution, the
Clerk of the Court must immediately notify the Custodian of
the prisoner and the California Attorney General. The
California Attorney General must assure that the Clerk of the
Court has a twenty-four (24) hour telephone number to the
Custodian.
Provenance
- Source
- www.cacd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
bee5d74f926a3c157ed225e787029e1423bea2b083c39a528a408172ed4cdd3b
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