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2018 California Rules of Court

Rule 8.622. Certifying the trial record for accuracy

(a) Request for corrections or additions

(1)Within 90 days after the clerk delivers the record to defendant's appellate counsel, any party may serve and file a request for corrections or additions.

(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.

(b) Correction of the record

(1)If any counsel files a request for corrections or additions, the procedures and time limits of rule 8.619(d)(1)–(5) must be followed.

(2)When the judge is satisfied that all corrections or additions ordered have been made, the judge must certify the record as accurate and redeliver the record to the clerk.

(3)The judge must certify the record as accurate within 120 days after it is delivered to appellate counsel.

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

(c) Computer-readable copies

(1)When the record is certified as accurate, the clerk must promptly notify the reporter to prepare six copies of the reporter's transcript in electronic form and two additional copies in electronic form for each codefendant sentenced to death.

(2)In preparing the copies, the procedures and time limits of rule 8.619(e)(2)–(5) must be followed.

(Subd (c) amended effective January 1, 2018; previously amended effective January 1, 2007.)

(d) 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 90-day period to request corrections or additions under (a) 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 15 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.

(4)If the court orders an extension of time, the court may conduct a status conference or require the counsel who requested the extension to file a status report on counsel's progress in reviewing the record.

(e) Sending the certified record

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

(1)To the Supreme Court: the corrected original record, including the judge's certificate of accuracy, and a copy of the reporter's transcript in electronic form.

(2)To each defendant's appellate counsel, each defendant's habeas corpus counsel, the Attorney General, the Habeas Corpus Resource Center, and the California Appellate Project in San Francisco: a copy of the order certifying the record and a copy of the reporter's transcript in electronic form.

(3)To the Governor: the copies of the transcripts required by Penal Code section 1218, with copies of any corrected or augmented pages inserted.

(Subd (e) amended effective January 1, 2018.)

Rule 8.622 amended effective January 1, 2018; adopted as rule 35.2 effective January 1, 2004; previously amended and renumbered as rule 8.622 effective January 1, 2007.

Advisory Committee Comment

Rule 8.622 implements Penal Code section 190.8(g).

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