The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend or modify an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction.
§ 923.Power of Reviewing Court Or Judge Not Limited
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Enacted 1968 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 923 preserves a reviewing court's or judge's power, unaffected by anything else in this chapter, to stay proceedings during an appeal, issue a writ of supersedeas, suspend or modify an injunction, or make any order needed to preserve the status quo or the effectiveness of a future judgment.
Full Text of § 923
Plain-English Summary
Everything else in this chapter operates on trial courts and on bond-based mechanics. Section 923 makes clear the reviewing court sits above all of that, with independent authority the rest of the chapter doesn't limit.
That authority runs broad: staying proceedings during the pendency of an appeal, issuing a writ of supersedeas, suspending or modifying an injunction while the appeal is pending, or making any order appropriate to preserve the status quo, protect the effectiveness of whatever judgment the reviewing court eventually enters, or otherwise aid its own jurisdiction over the case.
This is the safety valve referenced throughout the chapter — in § 917.15, § 917.8, and § 917.10 alike — for situations where the automatic stay doesn't apply and no undertaking mechanism is available. Section 923 confirms that even then, the appellate court itself always has a way to step in.
Frequently Asked Questions
Does this chapter limit a reviewing court's own power to grant a stay?
No. Section 923 expressly preserves the reviewing court's and judge's power to stay proceedings, issue a writ of supersedeas, or otherwise intervene, regardless of the rest of the chapter.
What is a writ of supersedeas?
Section 923 identifies it as one of the tools a reviewing court may use to stay proceedings during an appeal, separate from the trial-court stay and bond mechanisms elsewhere in this chapter.
Can the reviewing court suspend or modify an injunction while an appeal is pending?
Yes, § 923 lists that power expressly.
Why does this matter for sections like § 917.15 or § 917.8, which offer no bond option?
Because those sections remove the automatic stay without providing an undertaking route, § 923's preservation of the reviewing court's independent stay power is often the only avenue left for relief.
Amendment History
Added by Stats. 1968, Ch. 385.
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
Also known as: ccp 923 writ of supersedeas californiareviewing court power to stay appeal californiaappellate court stay pending appeal california