Rule 8.610. Contents and form of the record
(a) Contents of the record
(1)The record must include a clerk's transcript containing:
(A)The accusatory pleading and any amendment;
(B)Any demurrer or other plea;
(C)All court minutes;
(D)All instructions submitted in writing, each one indicating the party requesting it;
(E)Any written communication between the court and the jury or any individual juror;
(G)Any written opinion of the court;
(H)The judgment or order appealed from and any abstract of judgment or commitment;
(I)Any motion for new trial, with supporting and opposing memoranda and attachments;
(J)Any transcript of a sound or sound-and-video recording furnished to the jury or tendered to the court under rule 2.1040;
(K)Any application for additional record and any order on the application;
(L)Any written defense motion or any written motion by the People, with supporting and opposing memoranda and attachments;
(M)If related to a motion under (L), any search warrant and return and the reporter's transcript of any preliminary examination or grand jury hearing;
(N)Any document admitted in evidence to prove a prior juvenile adjudication, criminal conviction, or prison term;
(O)The probation officer's report; and
(P)Any other document filed or lodged in the case, including each juror questionnaire, whether or not the juror was selected.
(2)The record must include a reporter's transcript containing:
(A)The oral proceedings on the entry of any plea other than a not guilty plea;
(B)The oral proceedings on any motion in limine;
(C)The voir dire examination of jurors;
(D)Any opening statement;
(E)The oral proceedings at trial;
(F)All instructions given orally;
(G)Any oral communication between the court and the jury or any individual juror;
(H)Any oral opinion of the court;
(I)The oral proceedings on any motion for new trial;
(J)The oral proceedings at sentencing, granting or denying of probation, or other dispositional hearing;
(K)The oral proceedings on any motion under Penal Code section 1538.5 denied in whole or in part;
(L)The closing arguments;
(M)Any comment on the evidence by the court to the jury;
(N)The oral proceedings on motions in addition to those listed above; and
(O)Any other oral proceedings in the case, including any proceedings that did not result in a verdict or sentence of death because the court ordered a mistrial or a new trial.
(3)All exhibits admitted in evidence, refused, or lodged are deemed part of the record, but may be transmitted to the reviewing court only as provided in rule 8.634.
(4)The superior court or the Supreme Court may order that the record include additional material.
(Subd (a) amended effective January 1, 2007.)
(b) Confidential records
(1)All documents filed or lodged confidentially under Penal Code section 987.9 or 987.2 must be sealed. Documents filed or lodged under Penal Code section 987.9 must be bound separately from documents filed under Penal Code section 987.2. Unless otherwise ordered, copies must be provided only to the Supreme Court and to counsel for the defendant to whom the documents relate.
(2)All reporter's transcripts of in camera proceedings must be sealed. Unless otherwise ordered, copies must be provided only to the Supreme Court and to counsel for parties present at the proceedings.
(3)Records sealed under this rule must comply with rule 8.328.
(Subd (b) amended effective January 1, 2007.)
(c) Juror-identifying information
Any document in the record containing juror-identifying information must be edited in compliance with rule 8.332. Unedited copies of all such documents and a copy of the table required by the rule, under seal and bound together, must be included in the record sent to the Supreme Court.
(Subd (c) amended effective January 1, 2007.)
(d) Form of record
The clerk's transcript and the reporter's transcript must comply with rule 8.144, but the indexes for the clerk's transcript must separately list all sealed documents in that transcript, and the indexes for the reporter's transcript must separately list all sealed reporter's transcripts with the date and the names of all parties present. The indexes must not list any confidential material relating to a request for funds under Penal Code section 987.9 or disclose the substance of any sealed matter.
(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2005.)
Rule 8.610 amended and renumbered effective January 1, 2007; adopted as rule 34.1 effective January 1, 2004; previously amended effective January 1, 2005.
Advisory Committee Comment
Subdivision (a). Subdivision (a) restates Penal Code section 190.7(a).
Subdivision (b). Under the third sentence of (b)(1), copies of sealed documents must be given only to the Supreme Court and to the defendant concerned "[u]nless otherwise ordered." The qualification recognizes the statutory right of the Attorney General to request, under certain circumstances, copies of documents filed confidentially under Penal Code section 987.9(d). To facilitate compliance with such requests, the second sentence of rule 8.610(b)(1) requires such documents to be bound separately from documents filed confidentially under Penal Code section 987.2.
Subdivision (d). Subdivision (d) requires that the master indexes of the clerk and reporter's transcripts separately list all documents and transcripts each contains that were filed in sealed form under subdivision (b). The purpose of this provision is to assist the parties in making-and the court in adjudicating-motions to unseal portions of the record. To protect confidentiality until a record is unsealed, however, each index must endeavor to identify the sealed matter it lists without disclosing its substance.