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§ 916.Proceedings In Trial Court Stayed Upon Perfection of Appeal; Trial Court Jurisdiction When Stay Other Than Enforcement of Judgment

Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 2026 · Last verified July 28, 2026

In one sentenceSection 916 states civil appeal practice's default rule: perfecting an appeal automatically stays trial-court proceedings on the judgment or order appealed from and on every matter it embraces or affects, including enforcement, subject to the specific bond-based exceptions listed in §§ 917.1 through 917.10 and § 116.810.

Full Text of § 916

Text sizeJump to: (a) (b)

(a) Except as provided in Sections 917.1 to 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.
(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.

Plain-English Summary

This section is the anchor for everything else in the chapter. File a valid notice of appeal and, as a rule, the trial court's hands come off the judgment or order under review — not just enforcement, but any proceeding on a matter the judgment embraces or affects. The trial court keeps working on anything else in the case that the appeal doesn't touch.

That default only holds until one of the listed exceptions kicks in. Sections 917.1 through 917.10 carve out specific kinds of judgments — money judgments, orders to deliver property, injunctions, custody orders, and more — where the appeal does not stay enforcement unless the appellant posts an undertaking or another condition is met. Small claims judgments get their own carve-out in § 116.810. Read together, § 916 sets the baseline and the rest of this chapter spells out where that baseline doesn't apply.

Subdivision (b) handles a subtler case: when the stay covers something other than enforcement of the judgment itself. In that situation the trial court keeps jurisdiction to enforce the judgment and to handle any other matter in the action the judgment doesn't affect, even while the rest of the case sits stayed.

Frequently Asked Questions

What does filing a notice of appeal automatically stay in California civil cases?

Once the appeal is perfected, § 916 stays trial-court proceedings on the judgment or order appealed from, and on any matter it embraces or affects, including enforcement — unless one of the exceptions in §§ 917.1 through 917.10 or § 116.810 applies.

Can the trial court do anything at all while an appeal is pending?

Yes. The trial court may still proceed on any matter in the action that the judgment or order under appeal doesn't affect.

Does § 916 apply to small claims appeals?

No. Small claims judgments are excluded from this section and instead follow § 116.810.

If only part of the proceedings are stayed, can the judgment still be enforced?

Yes. Under § 916(b), when the stay covers something other than enforcement of the judgment, the trial court retains jurisdiction over enforcement and over any other unaffected matter in the case.

Amendment History

Amended by Stats 2025 ch 178 (AB 1079),s 2, eff. 1/1/2026. Amended by Stats. 1990, Ch. 1305, Sec. 8.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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