Rule 2:9-3. Stay Pending Review in Criminal Actions

(a) Death Penalty Unless the Supreme Court by leave granted otherwise orders, a sentence of death shall be stayed only as follows: The State shall notify defendant and defense counsel, the judge authorized to issue the death warrant pursuant to N.J.S.A. 2C:49-5, and the New Jersey Supreme Court forthwith on the expiration of any stay of the death sentence provided for herein or on the expiration of a stay ordered pursuant to this Rule.

(1) during the pendency of defendant's direct appeal to the New Jersey Supreme Court and, on the affirmance of defendant's conviction and sentence, during the period allowed for the timely filing of a petition for a writ of certiorari to the United States Supreme Court and, if filed, while that petition is pending disposition;

(2) during the pendency of a first petition for post-conviction relief that is filed within thirty days after the United States Supreme Court's disposition of defendant's application under paragraph (a)(1), and, on the denial or dismissal of that petition for post-conviction relief, during the pendency of defendant's appeal to the New Jersey Supreme Court and, on the affirmance of defendant's conviction and sentence, during the period allowed for the timely filing of a petition for a writ of certiorari to the United States Supreme Court and, if filed, while that petition is pending disposition; and

(3) during the pendency of a timely first petition for a writ of habeas corpus in the United States District Court and, if the petition is denied or dismissed, during the pendency of a timely appeal to the Third Circuit and petition for a writ of certiorari to the United States Supreme Court for review of the disposition of the habeas petition.

(b) Imprisonment A sentence of imprisonment shall not be stayed by the taking of an appeal or by the filing of a notice of petition for certification, but the defendant may be admitted to bail as provided in R. 2:9-4.

(c) Fine; Probation A sentence to pay a fine and an order placing the defendant on probation may be stayed by the trial court on appropriate terms if an appeal is taken or a notice of petition for certification is filed. If the court denies a stay, it shall state its reasons briefly, and the application may be renewed before the appellate court. Pending the appellate proceedings, the court may require the defendant to deposit, in whole or part, the fine and costs with the official authorized by law to receive the same in the county in which the conviction was had, or may require a bond for the payment thereof, or may require the defendant to submit to an examination of assets, and may make an appropriate order restraining the defendant from dissipating any assets.

(d) Stay Following Appeal by the State Notwithstanding paragraphs (b) and (c) of this rule, execution of sentence shall be stayed pending appeal by the State pursuant to N.J.S.A. 2C:44-1f(2) or N.J.S.A. 2C:35-14c. Whether the sentence is custodial or non-custodial, bail pursuant to R. 2:9-4 shall be established as appropriate under the circumstances. A defendant may elect to execute a sentence stayed by the State's appeal but such election shall constitute a waiver of the right to challenge any sentence on the ground that execution has commenced.

(e) Stay of Order of Enrollment in a Pretrial Intervention Program An order of the trial court enrolling a defendant into a pretrial intervention program over the objection of the prosecutor shall be automatically stayed for fifteen days following the date of its entry, and if the prosecutor files a notice of appeal within said fifteen-day period, during the pendency of the appeal.

(f) Court to Which Motion Is Made Pending appeal or certification to the Supreme Court respecting a judgment of the Appellate Division, application for a stay pending review shall be first made to the Appellate Division.