(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.
Rule 3.650.Duty to notify court and others of stay
Division 6. Proceedings · Chapter 2. Stay of Proceedings · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.650 requires the party who caused a stay of a civil proceeding, whether through arbitration, a higher court's order, or an automatic bankruptcy filing, to promptly notify the court and all appearing parties of the stay and, later, of its termination or modification.
Full Text of Rule 3.650
(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(d) Notice that stay is terminated or modified When a stay is vacated, is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice of termination or modification of stay.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.)
Plain-English Summary
When something outside the lawsuit puts the whole case, or part of it, on hold — an appellate court's order, a contract's arbitration clause, a fee dispute sent to arbitration, or an automatic bankruptcy stay — the other parties and the court still need to know about it right away. Rule 3.650 puts that job on whoever asked for or caused the stay. That party must serve and file a notice of the stay immediately, attaching the order or document that shows the case is on hold. If the person who caused the stay has not appeared in the case, or the court has no power over them, the job falls to the plaintiff instead.
The rule spells out four situations that trigger this duty: a stay ordered by a federal court or a higher state court, a stay for contractual arbitration under Code of Civil Procedure section 1281.4, a stay for arbitration of attorney fees and costs, and an automatic stay from a bankruptcy filing. Whoever gives notice has to say whether the stay covers every party or only some of them — naming names if it is the latter — and explain why the case is stayed.
The duty to update the court does not end when the stay begins. Once a stay is lifted, expires, or gets modified, the party who filed the original notice must file a follow-up notice saying so. If that party does not, any other party who knows about the change has to file it instead — but only one notice is needed once someone files it.
Frequently Asked Questions
Who has to notify the court that a case is stayed?
The party who asked for or caused the stay must serve and file the notice. If that party has not appeared in the case or is not subject to the court's jurisdiction, the plaintiff must file the notice instead.
What has to be attached to a notice of stay?
A copy of the order or other document showing that the proceeding is stayed, along with a statement of whether the stay applies to all parties or only some, and the reason for the stay.
What triggers the duty to notify under Rule 3.650?
Four situations: an order from a federal court or higher state court, a stay for contractual arbitration under Code of Civil Procedure section 1281.4, a stay for arbitration of attorney fees and costs, or an automatic stay from a bankruptcy filing.
What happens once the stay ends?
The party who filed the original notice of stay must promptly file a notice that the stay has been vacated, has ended, or has been modified. If that party does not, any other party aware of the change must file it, and once one party does, no one else needs to.
Amendment History
Rule 3.650 amended and renumbered effective January 1, 2007; adopted as rule 224 effective January 1, 2004; previously amended effective January 1, 2006.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: notice of stay California civil caseduty to report stay of proceedingsbankruptcy stay notice civil case CaliforniaCRC 3.650 stay notification