Outer limit of trial court's discretionary stay (bond-type judgments) without consent: 10 days after last day to appeal
10 days after last date on which a notice of appeal could be filed (see existing noa_* rules), under Cal. Code Civ. Proc. 918(b).
Rule text
(b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.
Calculate this deadline
- Trigger (Last date on which a notice of appeal could be filed (see existing noa_* rules)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 918(b)
(b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Limit on the court's power, so roll 'none' (the stay cannot extend past this date). Practically: post the undertaking or obtain consent before this date to avoid a gap in the stay. Applies whether or not an appeal is filed (918(c)). AMBIGUITY: 'last date on which a notice of appeal could be filed' depends on which 8.104/8.108 period applies; use the latest applicable NOA deadline only if certain it applies, otherwise the earliest.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Last date on which a notice of appeal could be filed (see existing noa_* rules) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Last date on which a notice of appeal could be filed (see existing noa_* rules)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Limit on the court's power, so roll 'none' (the stay cannot extend past this date). Practically: post the undertaking or obtain consent before this date to avoid a gap in the stay. Applies whether or not an appeal is filed (918(c)). AMBIGUITY: 'last date on which a notice of appeal could be filed' depends on which 8.104/8.108 period applies; use the latest applicable NOA deadline only if certain it applies, otherwise the earliest.
Related deadlines
- Opposition to petition for writ of supersedeas: 15 days after petition filed (15 days after)
- Objection to appeal undertaking (stay bond): 10 days after service of copy of bond (10 days after)
- Hearing on objection to undertaking: not less than 2 days after service of notice of motion (2 days after)
- Hearing on objection to undertaking: not more than 5 days after service of notice of motion (5 days after)
- New sufficient undertaking after court finds bond insufficient: within 5 days (5 days after)
- Payment after affirmance of money judgment stayed by undertaking: 30 days after remittitur filed (30 days after)
- Payment on right-to-attach-order appeal undertaking: 30 days after judgment final (30 days after)
- Automatic stay of order allowing removal of child from California: 30 days from entry (non-juvenile court) (30 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.