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2021 California Rules of Court

Rule 8.619. Certifying the trial record for completeness

(a) Review by counsel after trial

(1)  When the clerk delivers the clerk's and reporter's transcripts and the lists of appearances, exhibits, motions, and jury instructions required by rule 4.230 to trial counsel, each counsel must promptly:

(A)  Review the docket sheets, minute orders, and the lists of appearances, exhibits, motions, and jury instructions to determine whether the reporter's transcript is complete; and

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

(2)  Within 21 days after the clerk delivers the transcripts and lists under (1), trial counsel must confer regarding any errors or omissions in the reporter's transcript or clerk's transcript identified by trial counsel during the review required under (1).

(Subd (a) amended and relettered effective April 25, 2019; adopted as subd (b); previously amended effective January 1, 2007.)

(b) 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)  A declaration stating that counsel or another person under counsel's supervision has performed the tasks required by (a), including conferring with opposing counsel; and

(B)  Either:

(i)  A request to include additional materials in the record or to correct errors that have come to counsel's attention. Immaterial typographical errors that cannot conceivably cause confusion are not required to be brought to the court's attention; or

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

(2)  The requirements of (1)(B) may be satisfied by a joint statement or request filed by counsel for all parties.

(3)  If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (a)(2) and (b)(1) are extended by three days for each 1,000 pages of combined transcript over 10,000 pages.

(4)  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.

(5)  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 (b) amended and relettered effective April 25, 2019; adopted as subd (c); previously amended effective January 1, 2007.)

(c) 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 30 days after the last request to include additional materials or make corrections is filed or, if no such request is filed, after the last statement that counsel does not request any additions or corrections is filed.

(Subd (c) amended and relettered effective April 25, 2019; adopted as subd (d); previously amended effective January 1, 2007.)

(d) Transcript delivered in electronic form

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

(2)  Each copy delivered in electronic form must comply with the applicable requirements of rule 8.144 and any additional requirements prescribed by the Supreme Court, and must be further labeled to show the date it was made.

(3)  A copy of a sealed or confidential transcript delivered in electronic form must be separated from any other transcripts and labeled as required by rule 8.45.

(4)  The reporter is to be compensated for copies delivered in electronic form 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 copies in electronic form to the clerk.

(Subd (d) amended and relettered effective April 25, 2019; adopted as subd (e); previously amended effective January 1, 2017, and January 1, 2018.)

(e) 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 period to review the record under (a) or the period to file a declaration under (b) must be served and filed within the relevant period.

(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.

(Subd (e) amended and relettered effective April 25, 2019; adopted as subd (f).)

(f) Sending the certified record

(1)  When the record is certified as complete, the clerk must promptly send one copy of the clerk's transcript and one copy of the reporter's transcript:

(A)  To each defendant's appellate counsel and each defendant's habeas corpus counsel. If either counsel has not been retained or appointed, the clerk must keep that counsel's copies until counsel is retained or appointed.

(B)  To the Attorney General, the Habeas Corpus Resource Center, and the California Appellate Project in San Francisco.

(2)  The reporter's transcript must be in electronic form. The clerk is encouraged to send the clerk's transcript in electronic form if the court is able to do so.

(Subd (f) amended and relettered effective April 25, 2019; adopted as subd (g); previously amended effective January 1, 2018.)

(g) 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 clerk/executive officer of the Supreme Court.

(Subd (g) amended and relettered effective April 25, 2019; adopted as subd (h); previously amended effective January 1, 2018.)

Rule 8.619 amended effective April 25, 2019; adopted as rule 35.1 effective January 1, 2004; previously amended and renumbered as rule 8.619 effective January 1, 2007; previously amended effective January 1, 2017, and January 1, 2018.

Advisory Committee Comment

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

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

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