Legal Question in Appeals and Writs in California

There isn't really a deadline, although if you file one after the court has issued a remittitur, you are wasting your time.

The purpose behind a writ of supersedeas is to maintain the status quo. This happens when one party appeals, and the other party attempts to enforce the underlying order or judgment being appealed from. Some orders and judgments are automatically stayed on appeal, and others are not stayed without posting a supersedeas bond.

A petition for a writ of supersedeas becomes ripe when the respondent refuses to recognize the automatic stay, or refuses to recognize a bonded stay. They are also handy when a trial judge forgets that a properly perfected appeal divests his court of jurisdiction to hear the matter.

Mr. Roach is correct. A Petition for Writ of Supersedeas is also your remedy where a stay pending appeal is discretionary with the court, such as in a child custody matter.

Courts of Appeal are typically reluctant to issue writs of supersedeas, and you should consult an experienced appellate law attorney if you are serious about attempting to obtain one.

I am a certified appellate law specialist practicing in the appellate courts throughout California. You can review my website at www.AppellateCalifornia.com for more information about my practice and appellate law in general.