Rule 5.595.Stay pending appeal
Division 3. Juvenile Rules · Chapter 5. Appellate Review · Last amended 2010 · Last verified September 10, 2026
Full Text of Rule 5.595
Plain-English Summary
One sentence, and it puts the child ahead of the appeal. The court must not stay an order or judgment pending appeal unless suitable provision is made for the maintenance, care, and custody of the child.
The effect is that a stay is not simply a pause. Whoever seeks one has to be able to say what happens to the child in the meantime.
Frequently Asked Questions
Can a juvenile order be stayed while I appeal?
Only if suitable provision is made for the maintenance, care, and custody of the child. The court must not stay an order or judgment pending appeal otherwise.
What counts as suitable provision?
The rule does not define it, which leaves it to the court. In practice the question is whether someone will be responsible for the child’s maintenance, care and custody while the appeal runs — so a request for a stay has to answer that before the stay can issue.
Amendment History
Rule 5.595 amended effective July 1, 2010; adopted as rule 1436 effective January 1, 1993; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2006; previously amended and renumbered effective January 1, 2007.