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2017 California Rules of Court

Rule 8.619. Certifying the trial record for completeness

(a) Review by counsel during trial

During trial, counsel must call the court's attention to any errors or omissions they may find in the transcripts. The court must periodically ask counsel for lists of any such errors or omissions and may hold hearings to verify them.

(b) Review by counsel after trial

When the clerk delivers the clerk's and reporter's transcripts to trial counsel, each counsel must promptly:

(1)Review the docket sheets and minute orders to determine whether the reporter's transcript is complete;

(2)Consult with opposing counsel to determine whether any other proceedings or discussions should have been transcribed; and

(3)Review the court file to determine whether the clerk's transcript is complete.

(Subd (b) amended effective January 1, 2007.)

(c) Declaration and request for additions or corrections

(1)Within 30 days after the clerk delivers the transcripts, each trial counsel must serve and file a declaration stating that counsel or another person under counsel's supervision has performed the tasks required by (b), and must serve and file either:

(A)A request to include additional materials in the record or to correct errors that have come to counsel's attention; or

(B)A statement that counsel does not request any additions or corrections.

(2)A request for additions to the reporter's transcript must state the nature and date of the proceedings and, if known, the identity of the reporter who reported them.

(3)If any counsel fails to timely file a declaration under (1), the judge must not certify the record and must set the matter for hearing, require a showing of good cause why counsel has not complied, and fix a date for compliance.

(Subd (c) amended effective January 1, 2007.)

(d) Completion of the record

If any counsel files a request for additions or corrections:

(1)The clerk must promptly deliver the original transcripts to the judge who presided at the trial.

(2)Within 15 days after the last request is filed, the judge must hold a hearing and order any necessary additions or corrections. The order must require that any additions or corrections be made within 10 days of its date.

(3)The clerk must promptly-and in any event within five days-notify the reporter of an order under (2). If any portion of the proceedings cannot be transcribed, the judge may order preparation of a settled statement under rule 8.346.

(4)The original transcripts must be augmented or corrected to reflect all additions or corrections ordered. The clerk must promptly send copies of the additional or corrected pages to trial counsel.

(5)Within five days after the augmented or corrected transcripts are filed, the judge must set another hearing to determine whether the record has been completed or corrected as ordered. The judge may order further proceedings to complete or correct the record.

(6)When the judge is satisfied that all additions or corrections ordered have been made and copies of all additional or corrected pages have been sent to trial counsel, the judge must certify the record as complete and redeliver the original transcripts to the clerk.

(7)The judge must certify the record as complete within 90 days after the judgment of death is rendered.

(Subd (d) amended effective January 1, 2007.)

(e) Computer-readable copies

(1)When the record is certified as complete, the clerk must promptly notify the reporter to prepare five computer-readable copies of the transcript and two additional computer-readable copies for each codefendant sentenced to death.

(2)Each computer-readable copy must comply with the requirements of rule 8.144(a)(4) and any additional requirements prescribed by the Supreme Court, and must be further labeled to show the date it was made.

(3)A computer-readable copy of a sealed transcript must be placed on a separate disk and clearly labeled as confidential.

(4)The reporter is to be compensated for computer-readable copies as provided in Government Code section 69954(b).

(5)Within 10 days after the clerk notifies the reporter under (1), the reporter must deliver the computer-readable copies to the clerk.

(Subd (e) amended effective January 1, 2017.)

(f) Extension of time

(1)The court may extend for good cause any of the periods specified in this rule.

(2)An application to extend the 30-day period to review the record under (c) must be served and filed within that period. If the clerk's and reporter's transcripts combined exceed 10,000 pages, the court may grant an additional three days for each 1,000 pages over 10,000.

(3)If the court orders an extension of time, the order must specify the justification for the extension. The clerk must promptly send a copy of the order to the Supreme Court.

(g) Sending the certified record

When the record is certified as complete, the clerk must promptly send:

(1)To each defendant's appellate counsel and each defendant's habeas corpus counsel: one paper copy of the entire record and one computer-readable copy of the reporter's transcript. If either counsel has not been retained or appointed, the clerk must keep that counsel's copies until counsel is retained or appointed.

(2)To the Attorney General, the Habeas Corpus Resource Center, and the California Appellate Project in San Francisco: one paper copy of the clerk's transcript and one computer-readable copy of the reporter's transcript.

(h) Notice of delivery

When the clerk sends the record to the defendant's appellate counsel, the clerk must serve a notice of delivery on the Supreme Court clerk.

Rule 8.619 amended effective January 1, 2017; adopted as rule 35.1 effective January 1, 2004; previously amended and renumbered as rule 8.619 effective January 1, 2007.

Advisory Committee Comment

Rule 8.619 implements Penal Code section 190.8(c)–(e).

Subdivision (e)(4) restates a provision of former rule 35(b), second paragraph, as it was in effect on December 31, 2003.

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