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2021 California Rules of Court

Rule 4.119. Additional requirements in pretrial proceedings in capital cases

(a) Application

This rule applies only in pretrial proceedings in cases in which the death penalty may be imposed.

(b) Checklist

Within 10 days of counsel's first appearance in court, primary counsel for each defendant and the prosecution must each acknowledge that they have reviewed Capital Case Attorney Pretrial Checklist (form CR-600) by signing and submitting this form to the court. Counsel are encouraged to keep a copy of this checklist.

(c) Lists of appearances, exhibits, and motions

(1)  Primary counsel for each defendant and the prosecution must each prepare the lists identified in (A)-(C):

(A)  A list of all appearances made by that party during the pretrial proceedings. Capital Case Attorney List of Appearances (form CR-601) must be used for this purpose. The list must include all appearances, including ex parte appearances; the date of each appearance; the department in which it was made; the name of counsel making the appearance; and a brief description of the nature of the appearance. A separate list of Penal Code section 987.9 appearances must be maintained under seal for each defendant.

(B)  A list of all exhibits offered by that party during the pretrial proceedings. Capital Case Attorney List of Exhibits (form CR-602) must be used for this purpose. The list must indicate whether the exhibit was admitted in evidence, refused, lodged, or withdrawn.

(C)  A list of all motions made by that party during the pretrial proceedings, including ex parte motions. Capital Case Attorney List of Motions (form CR-603) must be used for this purpose. The list must indicate if a motion is awaiting resolution.

(2)  In the event of any substitution of attorney during the pretrial proceedings, the relieved attorney must provide the lists of all appearances, exhibits, and motions to substituting counsel within five days of being relieved.

(3)  No later than 21 days after the clerk notifies trial counsel that it must submit the lists to the court, counsel must submit the lists to the court and serve on all parties a copy of all the lists except the list of Penal Code section 987.9 appearances. Unless otherwise provided by local rule, the lists must be submitted to the court in electronic form.

(d) Electronic recordings presented or offered into evidence

Counsel must comply with the requirements of rule 2.1040 regarding electronic recordings presented or offered into evidence, including any such recordings that are part of a digital or electronic presentation.

Rule 4.119 adopted effective April 25, 2019.

Advisory Committee Comment

Subdivision (b). Capital Case Attorney Pretrial Checklist (form CR-600) is designed to be a tool to assist pretrial counsel in identifying and fulfilling all their record preparation responsibilities. Counsel are therefore encouraged to keep a copy of this form and to use it to monitor their own progress.

Subdivision (c)(1). To facilitate preparation of complete and accurate lists, counsel are encouraged to add items to the lists at the time appearances or motions are made or exhibits offered.

Subdivision (c)(3). Rule 8.613(d) requires the clerk to notify counsel to submit the lists of appearances, exhibits, and motions.

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