AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 21, 2018, effective on April 25, 2019 Title 4. Criminal Rules ....................................................................................................... 2 1 Division 2. Pretrial ......................................................................................................... 2 2

Chapter 1. Pretrial Proceedings ...................................................................................... 2 3 Rule 4.119. Additional requirements in pretrial proceedings in capital cases ........... 2 4 Division 3. Trials ........................................................................................................... 3 5 Rule 4.230. Additional requirements in capital cases ................................................ 3 6 Title 8. Appellate Rules ..................................................................................................... 5 7 Division 2. Rules Relating to Death Penalty Appeals and Habeas Corpus Proceedings6 8

Chapter 101. Automatic Appeals From Judgments of Death ........................................ 6 9

Article 1. General Provisions ......................................................................................... 6 10 Rule 8.600. In general ................................................................................................ 6 11 Rule 8.608. General provisions .................................................................................. 7 12 Rule 8.610. Contents and form of the record ............................................................. 7 13 Rule 8.611. Juror-identifying information ............................................................... 10 14 Rule 8.613.

Preparing and certifying the record of preliminary proceedings .......... 11 15 Rule 8.616. Preparing the trial record ...................................................................... 15 16 Rule 8.619. Certifying the trial record for completeness ......................................... 16 17 Rule 8.622. Certifying the trial record for accuracy ................................................ 21 18 Former rule 8.625. Certifying the record in pre-1997 trials [Repealed] .................. 23 19 20 21

Title 4. Criminal Rules 1 2 Division 2. Pretrial 3 4

Chapter 1. Pretrial Proceedings 5 6 Rule 4.119. Additional requirements in pretrial proceedings in capital cases 7 8 (

a) Application 9 10 This rule applies only in pretrial proceedings in cases in which the death penalty 11 may be imposed. 12 13 (

b) Checklist 14 15 Within 10 days of counsel’s first appearance in court, primary counsel for each 16 defendant and the prosecution must each acknowledge that they have reviewed 17 Capital Case Attorney Pretrial Checklist (form CR-600) by signing and submitting 18 this form to the court. Counsel are encouraged to keep a copy of this checklist. 19 20 (

c) Lists of appearances, exhibits, and motions 21 22

(1) Primary counsel for each defendant and the prosecution must each prepare 23 the lists identified in (A)–(C): 24 25 (

A) A list of all appearances made by that party during the pretrial 26 proceedings. Capital Case Attorney List of Appearances (form 27 CR-601) must be used for this purpose. The list must include all 28 appearances, including ex parte appearances; the date of each 29 appearance; the department in which it was made; the name of counsel 30 making the appearance; and a brief description of the nature of the 31 appearance. A separate list of Penal Code

section 987.9 appearances 32 must be maintained under seal for each defendant. 33 34 (

B) A list of all exhibits offered by that party during the pretrial 35 proceedings. Capital Case Attorney List of Exhibits (form CR-602) 36 must be used for this purpose. The list must indicate whether the 37 exhibit was admitted in evidence, refused, lodged, or withdrawn. 38 39 (

C) A list of all motions made by that party during the pretrial proceedings, 40 including ex parte motions. Capital Case Attorney List of Motions 41 (form CR-603) must be used for this purpose. The list must indicate if a 42 motion is awaiting resolution. 43

(2) In the event of any substitution of attorney during the pretrial proceedings, 2 the relieved attorney must provide the lists of all appearances, exhibits, and 3 motions to substituting counsel within five days of being relieved. 4 5

(3) No later than 21 days after the clerk notifies trial counsel that it must submit 6 the lists to the court, counsel must submit the lists to the court and serve on 7 all parties a copy of all the lists except the list of Penal Code

section 987.9 8 appearances. Unless otherwise provided by local rule, the lists must be 9 submitted to the court in electronic form. 10 11 (

d) Electronic recordings presented or offered into evidence 12 13 Counsel must comply with the requirements of rule 2.1040 regarding electronic 14 recordings presented or offered into evidence, including any such recordings that 15 are part of a digital or electronic presentation. 16 17 Rule 4.119 adopted effective April 25, 2019. 18 19 Advisory Committee Comment 20 21 Subdivision (b).

Capital Case Attorney Pretrial Checklist (form CR-600) is designed to be a tool 22 to assist pretrial counsel in identifying and fulfilling all their record preparation responsibilities. 23 Counsel are therefore encouraged to keep a copy of this form and to use it to monitor their own 24 progress. 25 26 Subdivision (c)(1). To facilitate preparation of complete and accurate lists, counsel are 27 encouraged to add items to the lists at the time appearances or motions are made or exhibits 28 offered. 29 30 Subdivision (c)(3). Rule 8.613(

d) requires the clerk to notify counsel to submit the lists of 31 appearances, exhibits, and motions. 32 33 34 Division 3. Trials 35 36 Rule 4.230. Additional requirements in capital cases 37 38 (

a) Application 39 40 This rule applies only in trials in cases in which the death penalty may be imposed. 41 42

(

b) Checklist 1 2 Within 10 days of counsel’s first appearance in court, primary counsel for each 3 defendant and the prosecution must each acknowledge that they have reviewed 4 Capital Case Attorney Trial Checklist (form CR-605) by signing and submitting 5 this form to the court. Counsel is encouraged to keep a copy of this checklist. 6 7 (

c) Review of daily transcripts by counsel during trial 8 9 During trial, counsel must call the court’s attention to any errors or omissions they 10 may find in the daily transcripts. The court must periodically ask counsel for lists of 11 any such errors or omissions and may hold hearings to verify them. Immaterial 12 typographical errors that cannot conceivably cause confusion are not required to be 13 brought to the court’s attention. 14 15 (

d) Lists of appearances, exhibits, motions, and jury instructions 16 17

(1) Primary counsel for each defendant and the prosecution must each prepare 18 the lists identified in (A)–(D). 19 20 (

A) A list of all appearances made by that party. Capital Case Attorney List 21 of Appearances (form CR-601) must be used for this purpose. The list 22 must include all appearances, including ex parte appearances, the date 23 of each appearance, the department in which it was made, the name of 24 counsel making the appearance, and a brief description of the nature of 25 the appearance. A separate list of Penal Code

section 987.9 26 appearances must be maintained under seal for each defendant. In the 27 event of any substitution of attorney at any stage of the case, the 28 relieved attorney must provide the list of all appearances to substituting 29 counsel within five days of being relieved. 30 31 (

B) A list of all exhibits offered by that party. Capital Case Attorney List of 32 Exhibits (form CR-602) must be used for this purpose. The list must 33 indicate whether the exhibit was admitted in evidence, refused, lodged, 34 or withdrawn. 35 36 (

C) A list of all motions made by that party, including ex parte motions. 37 Capital Case Attorney List of Motions (form CR-603) must be used for 38 this purpose. 39 40 (

D) A list of all jury instructions submitted in writing by that party. Capital 41 Case Attorney List of Jury Instructions (form CR-604) must be used for 42

this purpose. The list must indicate whether the instruction was given, 1 given as modified, refused, or withdrawn. 2 3

(2) No later than 21 days after the imposition of a sentence of death, counsel 4 must submit the lists to the court and serve on all parties a copy of all the lists 5 except the list of Penal Code

section 987.9 appearances. Unless otherwise 6 provided by local rule, the lists must be submitted to the court in electronic 7 form. 8 9 (

e) Electronic recordings presented or offered into evidence 10 11 Counsel must comply with the requirements of rule 2.1040 regarding electronic 12 recordings presented or offered into evidence, including any such recordings that 13 are part of a digital or electronic presentation. 14 15 (

f) Copies of audio and visual aids 16 17 Primary counsel must provide the clerk with copies of any audio or visual aids not 18 otherwise subject to the requirements of (

e) that are used during jury selection or in 19 presentations to the jury, including digital or electronic presentations. If a visual aid 20 is oversized, a photograph of that visual aid must be provided in place of the 21 original. For digital or electronic presentations, counsel must supply both a copy of 22 the presentation in its native format and printouts showing the full text of each slide 23 or image. Photographs and printouts provided under this subdivision must be on 8 -24 1/2 by 11 inch paper. 25 26 Rule 4.230 adopted effective April 25, 2019. 27 28 Advisory Committee Comment 29 30 Subdivision (b).

Capital Case Attorney List of Appearances (form CR-601), Capital Case 31 Attorney List of Exhibits (form CR-602), Capital Case Attorney List of Motions (form CR-603), 32 and Capital Case Attorney List of Jury Instructions (form CR-604) must be used to comply with 33 the requirements in this subdivision. 34 35 Subdivision (d). To facilitate preparation of complete and accurate lists, counsel are encouraged 36 to add items to the lists at the time appearances or motions are made, exhibits are offered, or jury 37 instructions are submitted. 38 39 40 Title 8. Appellate Rules 41 42

Division 2. Rules Relating to Death Penalty Appeals and Habeas Corpus 1 Proceedings 2 3

Chapter 101. Automatic Appeals From Judgments of Death 4 5

Article 1. General Provisions 6 7 Rule 8.600. In general 8 9 (

a) Automatic appeal to Supreme Court 10 11 If a judgment imposes a sentence of death, an appeal by the defendant is 12 automatically taken to the Supreme Court. 13 14 (

b) Copies of judgment 15 16 When a judgment of death is rendered, the superior court clerk must immediately 17 send certified copies of the commitment to the Supreme Court, the Attorney 18 General, the Governor, and the California Appellate Project in San Francisco. 19 20 (

c) Extensions of time 21 22 When a rule in this part authorizes a trial court to grant an extension of a specified 23 time period, the court must consider the relevant policies and factors stated in rule 24 8.63. 25 26 (

d) Supervising preparation of record 27 28 The clerk/executive officer of the Supreme Court, under the supervision of the 29 Chief Justice, must take all appropriate steps to ensure that superior court clerks 30 and reporters promptly perform their duties under the rules in this part. This 31 provision does not affect the superior courts’ responsibility for the prompt 32 preparation of appellate records in capital cases. 33 34 (

e) Definitions 35 36 For purposes of this part: 37 38

(1) The delivery date of a transcript sent by mail is the mailing date plus five 39 days; and 40 41 (2) “Trial counsel” means both the defendant’s trial counsel and the prosecuting 42 attorney. 43

1 Rule 8.608. General provisions 2 3 (

a) Supervising preparation of record 4 5 The clerk/executive officer of the Supreme Court, under the supervision of the 6 Chief Justice, must take all appropriate steps to ensure that superior court clerks 7 and reporters promptly perform their duties under the rules in this article. This 8 provision does not affect the superior courts’ responsibility for the prompt 9 preparation of appellate records in capital cases. 10 11 (

b) Extensions of time 12 13 When a rule in this

article authorizes a trial court to grant an extension of a 14 specified time period, the court must consider the relevant policies and factors 15 stated in rule 8.63. 16 17 (

c) Delivery date 18 19 The delivery date of a transcript sent by mail is the mailing date plus five days. 20 21 Rule 8.608 adopted effective April 25, 2019. 22 23 Rule 8.610. Contents and form of the record 24 25 (

a) Contents of the record 26 27

(1) The record must include a clerk’s transcript containing: 28 29 (

A) The accusatory pleading and any amendment. 30 31 (

B) Any demurrer or other plea. 32 33 (

C) All court minutes. 34 35 (

D) All instructions submitted in writing, each one and the cover page 36 required by rule 2.1055(b)(2) indicating the party requesting it each 37 instruction, and any written jury instructions given by the court. 38 39 (

E) Any written communication, including printouts of any e-mail or text 40 messages and their attachments, between the court and the parties, the 41 jury, or any individual juror or prospective juror. 42 43

(

F) Any verdict. 1 2 (

G) Any written opinion of the court. 3 4 (

H) The judgment or order appealed from and any abstract of judgment or 5 commitment. 6 7 (

I) Any motion for new trial, with supporting and opposing memoranda 8 and attachments. 9 10 (

J) Any transcript of a sound or sound-and-video recording furnished to 11 the jury or tendered to the court under rule 2.1040, including witness 12 statements. 13 14 (

K) Any application for additional record and any order on the application. 15 16 (

L) Any written defense motion or any written motion by the People, with 17 supporting and opposing memoranda and attachments. 18 19 (

M) If related to a motion under (L), any search warrant and return and the 20 reporter’s transcript of any preliminary examination or grand jury 21 hearing. 22 23 (

N) Any document admitted in evidence to prove a prior juvenile 24 adjudication, criminal conviction, or prison term. 25 26 (

O) The probation officer’s report. and 27 28 (

P) Any court-ordered diagnostic or psychological report required under 29 Penal Code

section 1369. 30 31 (

Q) Any copies of visual aids provided to the clerk under rule 4.230(f). If a 32 visual aid is oversized, a photograph of that visual aid must be included 33 in place of the original. For digital or electronic presentations, printouts 34 showing the full text of each slide or image must be included. 35 36 (

R) Each juror questionnaire, whether or not the juror was selected. 37 38 (

S) The table correlating the jurors’ names with their identifying numbers 39 required by rule 8.611. 40 41 (

T) The register of actions. 42 43

(

U) All documents filed under Penal Code

section 987.9 or 987.2. 1 2 (P)(

V) Any other document filed or lodged in the case, including each 3 juror questionnaire, whether or not the juror was selected. 4 5

(2) The record must include a reporter’s transcript containing: 6 7 (

A) The oral proceedings on the entry of any plea other than a not guilty 8 plea; 9 10 (

B) The oral proceedings on any motion in limine; 11 12 (

C) The voir dire examination of jurors; 13 14 (

D) Any opening statement; 15 16 (

E) The oral proceedings at trial; 17 18 (

F) All instructions given orally; 19 20 (

G) Any oral communication between the court and the jury or any 21 individual juror; 22 23 (

H) Any oral opinion of the court; 24 25 (

I) The oral proceedings on any motion for new trial; 26 27 (

J) The oral proceedings at sentencing, granting or denying of probation, 28 or other dispositional hearing; 29 30 (

K) The oral proceedings on any motion under Penal Code

section 1538.5 31 denied in whole or in part; 32 33 (

L) The closing arguments; 34 35 (

M) Any comment on the evidence by the court to the jury; 36 37 (

N) The oral proceedings on motions in addition to those listed above; and 38 39 (

O) Any other oral proceedings in the case, including any proceedings that 40 did not result in a verdict or sentence of death because the court ordered 41 a mistrial or a new trial. 42 43

(3) All exhibits admitted in evidence, refused, or lodged are deemed part of the 1 record, but, except as provided in rule 8.622, may be transmitted to the 2 reviewing court only as provided in rule 8.634. 3 4

(4) The superior court or the Supreme Court may order that the record include 5 additional material. 6 7 (

b) Sealed and confidential records 8 9 Rules 8.45–8.47 govern sealed and confidential records in appeals under this 10 chapter. 11 12 (

c) Juror-identifying information 13 14 Any document in the record containing juror-identifying information must be 15 edited in compliance with rule 8.332 8.611. Unedited copies of all such documents 16 and a copy of the table required by the rule, under seal and bound together if filed 17 in paper form, must be included in the record sent to the Supreme Court. 18 19 (

d) Form of record 20 21 The clerk’s transcript and the reporter’s transcript must comply with rules 8.45–22 8.47, relating to sealed and confidential records, and rule 8.144. 23 24 Advisory Committee Comment 25 26 Subdivision (a). Subdivision (

a) restates implements Penal Code

section 190.7(a). 27 28 Subdivision (b). The clerk’s and reporter’s transcripts may contain records that are sealed or 29 confidential. Rules 8.45–8.47 address the handling of such records, including requirements for the 30 format, labeling, and transmission of and access to such records. Examples of confidential records 31 include Penal Code

section 1203.03 diagnostic reports, records closed to inspection by court 32 order under People v. Marsden (1970) 2 Cal.3d 118 or Pitchess v. Superior Court (1974) 11 33 Cal.3d 531, in-camera proceedings on a confidential informant, and defense investigation and 34 expert funding requests (Pen. Code, §§ 987.2 and 987.9; Puett v. Superior Court (1979) 96 35 Cal.App.3d 936, 940, fn. 2; Keenan v. Superior Court (1982) 31 Cal.3d 424, 430). 36 37 38 Rule 8.611. Juror-identifying information 39 40 (

a) Application 41 42

A clerk’s transcript, a reporter’s transcript, or any other document in the record that 1 contains juror-identifying information must comply with this rule. 2 3 (

b) Juror names, addresses, and telephone numbers 4 5

(1) The name of each trial juror or alternate sworn to hear the case must be 6 replaced with an identifying number wherever it appears in any document. 7 The superior court clerk must prepare and keep under seal in the case file a 8 table correlating the jurors’ names with their identifying numbers. The clerk 9 and the reporter must use the table in preparing all transcripts or other 10 documents. 11 12

(2) The addresses and telephone numbers of trial jurors and alternates sworn to 13 hear the case must be deleted from all documents. 14 15 (

c) Potential jurors 16 17 Information identifying potential jurors called but not sworn as trial jurors or 18 alternates must not be sealed unless otherwise ordered under Code of Civil 19 Procedure

section 237(a)(1). 20 21 Rule 8.611 adopted effective April 25, 2019. 22 23 Advisory Committee Comment 24 25 Rule 8.611 implements Code of Civil Procedure

section 237. 26 27 28 Rule 8.613. Preparing and certifying the record of preliminary proceedings 29 30 (a)–(c) * * * 31 32 (

d) Notice to prepare transcript and lists 33 34 Within five days after receiving notice under (b)(1) or notifying the judge under 35 (b)(2), the clerk must do the following: 36 37

(1) Notify each reporter who reported a preliminary proceeding to prepare a 38 transcript of the proceeding. If there is more than one reporter, the designated 39 judge may assign a reporter or another designee to perform the functions of 40 the primary reporter. 41 42

(2) Notify trial counsel to submit the lists of appearances, exhibits, and motions 1 required by rule 4.119. 2 3 (Subd (

d) amended effective April 25, 2019.) 4 5 (

e) Reporter’s duties 6 7

(1) The reporter must prepare an original and five copies of the reporter’s 8 transcript in electronic form and two additional copies in electronic form for 9 each codefendant against whom the death penalty is sought. The transcript 10 must include the preliminary examination or grand jury proceeding unless a 11 transcript of that examination or proceeding has already been filed in superior 12 court for inclusion in the clerk’s transcript. 13 14

(2) The reporter must certify the original and all copies of the reporter’s 15 transcript as correct. 16 17

(3) Within 20 days after receiving the notice to prepare the reporter’s transcript, 18 the reporter must deliver the original and all copies of the transcript to the 19 clerk. 20 21 (Subd (

e) amended effective April 25, 2019.) 22 23 (

f) Review by counsel 24 25

(1) Within five days after the reporter delivers the transcript, the clerk must 26 deliver the original transcript and the lists of appearances, exhibits, and 27 motions required by rule 4.119 to the designated judge and one copy of the 28 transcript and each list required by rule 4.119 that is not required to be sealed 29 to each trial counsel. If a different attorney represented the defendant or the 30 People in the preliminary proceedings, both attorneys must perform the tasks 31 required by (2). 32 33

(2) Each trial counsel must promptly: 34 35 (

A) Review the reporter’s transcript and the lists of appearances, exhibits, 36 and motions to identify any for errors or omissions in the transcript; 37 38 (

B) Review the docket sheets and minute orders to determine whether all 39 preliminary proceedings have been transcribed; and 40 41 (

C) Consult with opposing counsel to determine whether any other 42 proceedings or discussions should have been transcribed; and 43

1 (D)(

C) Review the court file to determine whether it is complete. 2 3

(3) Within 21 days after the clerk delivers the transcript and lists under (1), trial 4 counsel must confer regarding any errors or omissions in the reporter’s 5 transcript or court file identified by trial counsel during the review required 6 under (2) and determine whether any other proceedings or discussions should 7 have been transcribed. 8 9 (Subd (

f) amended effective April 25, 2019; previously amended effective January 1, 2007.) 10 11 (

g) Declaration and request for corrections or additions 12 13

(1) Within 30 days after the clerk delivers the reporter’s transcript and lists, each 14 trial counsel must serve and file: 15 16 (

A) A declaration stating that counsel or another person under counsel’s 17 supervision has performed the tasks required by (f), including 18 conferring with opposing counsel; and 19 20 (

B) must serve and file Either: 21 22 (A)(

i) A request for corrections or additions to the reporter’s transcript 23 or court file. Immaterial typographical errors that cannot 24 conceivably cause confusion are not required to be brought to the 25 court’s attention; or 26 27 (B)(ii) A statement that counsel does not request any corrections 28 or additions. 29 30 (

C) The requirements of (

B) may be satisfied by a joint statement or request 31 filed by counsel for all parties. 32 33 (2)–(4) * * * 34 35 (Subd (

g) amended effective April 25, 2019; previously amended effective January 1, 36 2007.) 37 38 (h) * * * 39 40 (

i) Transcript delivered in electronic form 41 42 (1)–(2) * * * 43

(3) A copy of a sealed or confidential transcript delivered in electronic form must 2 be placed on a separated disk from any other transcripts and clearly labeled as 3 confidential required by rule 8.45. 4 5 (4)–(5) * * * 6 7 (Subd (

i) amended effective April 25, 2019; previously amended effective January 1, 2007, 8 January 1, 2017, and January 1, 2018.) 9 10 (

j) Delivery to the superior court 11 12 Within five days after the reporter delivers the copies in electronic form, the clerk 13 must deliver to the responsible judge, for inclusion in the record: 14 15

(1) The certified original reporter’s transcript of the preliminary proceedings and 16 the copies that have not been distributed to counsel, including the copies in 17 electronic form; and 18 19

(2) The complete court file of the preliminary proceedings or a certified copy of 20 that file. 21 22 (Subd (

j) amended effective April 25, 2019; previously amended effective January 1, 2007, 23 and January 1, 2018.) 24 25 (k) * * * 26 27 (

l) Notice that the death penalty is no longer sought 28 29 After the presiding judge has ordered preparation of clerk has notified the court 30 reporter to prepare the pretrial record, if the death penalty is no longer sought, the 31 clerk must promptly notify the reporter that this rule does not apply. 32 33 (Subd (

l) amended effective April 25, 2019; previously amended effective January 1, 2007.) 34 35 Rule 8.613 amended effective April 25, 2019; adopted as rule 34.2 effective January 1, 2004; 36 previously amended and renumbered as rule 8.613 effective January 1, 2007; previously 37 amended effective January 1, 2017, and January 1, 2018. 38 39 40 Advisory Committee Comment 41 42

Rule 8.613 implements Penal Code

section 190.9(a). Rules 8.613–8.622 govern the process of 1 preparing and certifying the record in any appeal from a judgment of death imposed after a trial 2 that began on or after January 1, 1997; specifically, rule 8.613 provides for the record of the 3 preliminary proceedings in such an appeal. Rule 8.625 governs the process of certifying the 4 record in any appeal from a judgment of death imposed after a trial that began before January 1, 5 1997. 6 7 Subdivision (f). * * * 8 9 Subdivision (i). * * * 10 11 12 Rule 8.616. Preparing the trial record 13 14 (

a) Clerk’s duties 15 16

(1) The clerk must promptly—and no later than five days after the judgment of 17 death is rendered:— 18 19 (

A) Notify the reporter to prepare the reporter’s transcript.; and 20 21 (

B) Notify trial counsel to submit the lists of appearances, exhibits, and 22 motions required by rule 4.230. 23 24

(2) The clerk must prepare an original and eight copies of the clerk’s transcript 25 and two additional copies for each codefendant sentenced to death. The clerk 26 is encouraged to send the clerk’s transcript in electronic form if the court is 27 able to do so. 28 29

(3) The clerk must certify the original and all copies of the clerk’s transcript as 30 correct. 31 32 (Subd (

a) amended effective April 25, 2019.) 33 34 (

b) Reporter’s duties 35 36

(1) The reporter must prepare an original and five copies of the reporter’s 37 transcript in electronic form and two additional copies in electronic form for 38 each codefendant sentenced to death. 39 40

(2) Any portion of the transcript transcribed during trial must not be retyped 41 unless necessary to correct errors, but must be repaginated and combined 42 with any portion of the transcript not previously transcribed. Any additional 43

copies needed must not be retyped but, if the transcript is in paper form, must 1 be prepared by photocopying or an equivalent process. 2 3

(3) The reporter must certify the original and all copies of the reporter’s 4 transcript as correct and deliver them to the clerk. 5 6 (Subd (

b) amended effective April 25, 2019; previously amended effective January 1, 7 2016.) 8 9 (

c) Sending the record to trial counsel 10 11 Within 30 days after the judgment of death is rendered, the clerk must deliver one 12 copy of the clerk’s and reporter’s transcripts and one copy of each list of 13 appearances, exhibits, and motions required by rule 4.230 that is not required to be 14 sealed to each trial counsel,. The clerk must retaining the original transcripts and 15 the any remaining copies. If counsel does not receive the transcripts within that 16 period, counsel must promptly notify the superior court. 17 18 (Subd (

c) amended effective April 25, 2019.) 19 20 (d) * * * 21 22 Rule 8.616 amended effective April 25, 2019; repealed and adopted as rule 35 effective January 23 1, 2004; previously renumbered as rule 8.606 effective January 1, 2007; previously amended 24 effective January 1, 2016. 25 26 27 Rule 8.619. Certifying the trial record for completeness 28 29 (

a) Review by counsel during trial 30 31 During trial, counsel must call the court’s attention to any errors or omissions they 32 may find in the transcripts. The court must periodically ask counsel for lists of any 33 such errors or omissions and may hold hearings to verify them. 34 35 (b)(

a) Review by counsel after trial 36 37

(1) When the clerk delivers the clerk’s and reporter’s transcripts and the lists of 38 appearances, exhibits, motions, and jury instructions required by rule 4.230 to 39 trial counsel, each counsel must promptly: 40 41

(1)(

A) Review the docket sheets, and minute orders, and the lists of 1 appearances, exhibits, motions, and jury instructions to determine 2 whether the reporter’s transcript is complete; and 3 4

(2) Consult with opposing counsel to determine whether any other proceedings 5 or discussions should have been transcribed; and 6 7 (3)(

B) Review the court file to determine whether the clerk’s transcript 8 is complete. 9 10

(2) Within 21 days after the clerk delivers the transcripts and lists under (1), trial 11 counsel must confer regarding any errors or omissions in the reporter’s 12 transcript or clerk’s transcript identified by trial counsel during the review 13 required under (1). 14 15 (Subd (

a) amended and relettered effective April 25, 2019; adopted as subd (b); previously 16 amended effective January 1, 2007.) 17 18 (c)(

b) Declaration and request for additions or corrections 19 20

(1) Within 30 days after the clerk delivers the transcripts, each trial counsel must 21 serve and file: 22 23 (

A) A declaration stating that counsel or another person under counsel’s 24 supervision has performed the tasks required by (b)(a), including 25 conferring with opposing counsel; and must serve and file 26 27 (

B) Either: 28 29 (A)(

i) A request to include additional materials in the record or to 30 correct errors that have come to counsel’s attention. 31 Immaterial typographical errors that cannot conceivably 32 cause confusion are not required to be brought to the 33 court’s attention; or 34 35 (B)(ii) A statement that counsel does not request any additions or 36 corrections. 37 38

(2) The requirements of (1)(

B) may be satisfied by a joint statement or request 39 filed by counsel for all parties. 40 41

(3) If the clerk’s and reporter’s transcripts combined exceed 10,000 pages, the 1 time limits stated in (a)(2) and (b)(1) are extended by three days for each 2 1,000 pages of combined transcript over 10,000 pages. 3 4 (2)

(4) A request for additions to the reporter’s transcript must state the nature and 5 date of the proceedings and, if known, the identity of the reporter who 6 reported them. 7 8 (3)

(5) If any counsel fails to timely file a declaration under (1), the judge must not 9 certify the record and must set the matter for hearing, require a showing of 10 good cause why counsel has not complied, and fix a date for compliance. 11 12 (Subd (

b) amended and relettered effective April 25, 2019; adopted as subd (c); previously 13 amended effective January 1, 2007.) 14 15 (d)(

c) Completion of the record 16 17 If any counsel files a request for additions or corrections: 18 19

(1) The clerk must promptly deliver the original transcripts to the judge who 20 presided at the trial. 21 22

(2) Within 15 days after the last request is filed, the judge must hold a hearing 23 and order any necessary additions or corrections. The order must require that 24 any additions or corrections be made within 10 days of its date. 25 26

(3) The clerk must promptly—and in any event within five days—notify the 27 reporter of an order under (2). If any portion of the proceedings cannot be 28 transcribed, the judge may order preparation of a settled statement under rule 29 8.346. 30 31

(4) The original transcripts must be augmented or corrected to reflect all 32 additions or corrections ordered. The clerk must promptly send copies of the 33 additional or corrected pages to trial counsel. 34 35

(5) Within five days after the augmented or corrected transcripts are filed, the 36 judge must set another hearing to determine whether the record has been 37 completed or corrected as ordered. The judge may order further proceedings 38 to complete or correct the record. 39 40

(6) When the judge is satisfied that all additions or corrections ordered have been 41 made and copies of all additional or corrected pages have been sent to trial 42

counsel, the judge must certify the record as complete and redeliver the 1 original transcripts to the clerk. 2 3

(7) The judge must certify the record as complete within 90 30 days after the 4 judgment of death is rendered last request to include additional materials or 5 make corrections is filed or, if no such request is filed, after the last statement 6 that counsel does not request any additions or corrections is filed. 7 8 (Subd (

c) amended and relettered effective April 25, 2019; adopted as subd (d); previously 9 amended effective January 1, 2007.) 10 11 (e)(

d) Transcript delivered in electronic form 12 13

(1) When the record is certified as complete, the clerk must promptly notify the 14 reporter to prepare five copies of the transcript in electronic form and two 15 additional copies in electronic form for each codefendant sentenced to death. 16 17

(2) Each copy delivered in electronic form must comply with the applicable 18 requirements of rule 8.144 and any additional requirements prescribed by the 19 Supreme Court, and must be further labeled to show the date it was made. 20 21

(3) A copy of a sealed or confidential transcript delivered in electronic form must 22 be placed on a separated disk from any other transcripts and clearly labeled as 23 confidential required by rule 8.45. 24 25

(4) The reporter is to be compensated for copies delivered in electronic form as 26 provided in Government Code

section 69954(b). 27 28

(5) Within 10 days after the clerk notifies the reporter under (1), the reporter 29 must deliver the copies in electronic form to the clerk. 30 31 (Subd (

d) amended and relettered effective April 25, 2019; adopted as subd (e); previously 32 amended effective January 1, 2017, and January 1, 2018.) 33 34 (f)(

e) Extension of time 35 36

(1) The court may extend for good cause any of the periods specified in this rule. 37 38

(2) An application to extend the 30-day period to review the record under (c)(a) 39 or the period to file a declaration under (

b) must be served and filed within 40 that the relevant period. If the clerk’s and reporter’s transcripts combined 41 exceed 10,000 pages, the court may grant an additional three days for each 42 1,000 pages over 10,000. 43

(3) If the court orders an extension of time, the order must specify the 2 justification for the extension. The clerk must promptly send a copy of the 3 order to the Supreme Court. 4 5 (Subd (

e) amended and relettered effective April 25, 2019; adopted as subd (f).) 6 7 (g)(

f) Sending the certified record 8 9

(1) When the record is certified as complete, the clerk must promptly send one 10 copy of the clerk’s transcript and one copy of the reporter’s transcript: 11 12 (

A) To each defendant’s appellate counsel and each defendant’s habeas 13 corpus counsel: one paper copy of the entire record and one copy of the 14 reporter’s transcript in electronic form. If either counsel has not been 15 retained or appointed, the clerk must keep that counsel’s copies until 16 counsel is retained or appointed. 17 18 (

B) To the Attorney General, the Habeas Corpus Resource Center, and the 19 California Appellate Project in San Francisco: one paper copy of the 20 clerk’s transcript and one copy of the reporter’s transcript in electronic 21 form. 22 23

(2) The reporter’s transcript must be in electronic form. The clerk is encouraged 24 to send the clerk’s transcript in electronic form if the court is able to do so. 25 26 (Subd (

f) amended and relettered effective April 25, 2019; adopted as subd (g); previously 27 amended effective January 1, 2018.) 28 29 (h)(

g) Notice of delivery 30 31 When the clerk sends the record to the defendant’s appellate counsel, the clerk must 32 serve a notice of delivery on the clerk/executive officer of the Supreme Court. 33 34 (Subd (

g) amended and relettered effective April 25, 2019; adopted as subd (h); previously 35 amended effective January 1, 2018.) 36 37 Rule 8.619 amended effective April 25, 2019; adopted as rule 35.1 effective January 1, 2004; 38 previously amended and renumbered as rule 8.619 effective January 1, 2007; previously 39 amended effective January 1, 2017, and January 1, 2018. 40 41 Advisory Committee Comment 42 43

Rule 8.619 implements Penal Code

section 190.8(c)–(e). 1 2 Subdivision (e)(d)(4) restates a provision of former rule 35(b), second paragraph, as it was in 3 effect on December 31, 2003. 4 5 6 Rule 8.622. Certifying the trial record for accuracy 7 8 (

a) Request for corrections or additions 9 10

(1) Within 90 days after the clerk delivers the record to defendant’s appellate 11 counsel,: 12 13 (

A) Any party may serve and file a request for corrections or additions to 14 the record. Immaterial typographical errors that cannot conceivably 15 cause confusion are not required to be brought to the court’s attention. 16 Items that a party may request to be added to the clerk’s transcript 17 include a copy of any exhibit admitted in evidence, refused, or lodged 18 that is a document in paper or electronic format. The requesting party 19 must state the reason that the exhibit needs to be included in the clerk’s 20 transcript. Parties may file a joint request for corrections or additions. 21 22 (

B) Appellate counsel must review all sealed records that they are entitled 23 to access under rule 8.45 and file an application to unseal any such 24 records that counsel determines no longer meet the criteria for sealing 25 specified in rule 2.550(d). Notwithstanding rule 8.46(e), this 26 application must be filed in the trial court and these records may be 27 unsealed on order of the trial court. 28 29

(2) A request for additions to the reporter’s transcript must state the nature and 30 date of the proceedings and, if known, the identity of the reporter who 31 reported them. A request for an exhibit to be included in the clerk’s transcript 32 must specify that exhibit by number or letter. 33 34

(3) Unless otherwise ordered by the court, within 10 days after a party serves and 35 files a request for corrections or additions to the record, defendant’s appellate 36 counsel and the trial counsel from the prosecutor’s office must confer 37 regarding the request and any application to unseal records served on the 38 prosecutor’s office. 39 40

(4) If the clerk’s and reporter’s transcripts combined exceed 10,000 pages, the 41 time limits stated in (1), (3), and (b)(4) are extended by 15 days for each 42 1,000 pages of combined transcript over 10,000 pages. 43

1 (Subd (

a) amended effective April 25, 2019.) 2 3 (

b) Correction of the record 4 5

(1) If any counsel files a request for corrections or additions, the procedures and 6 time limits of rule 8.619(d)(c)(1)–(5) must be followed. 7 8

(2) If any application to unseal a record is filed, the judge must grant or deny the 9 application before certifying the record as accurate. 10 11 (2)

(3) When the judge is satisfied that all corrections or additions ordered have been 12 made, the judge must certify the record as accurate and redeliver the record to 13 the clerk. 14 15 (3)

(4) The judge must certify the record as accurate within 120 30 days after it is 16 delivered to appellate counsel the last request to include additional materials 17 or make corrections is filed. 18 19 (Subd (

b) amended effective April 25, 2019; previously amended effective January 1, 20 2007.) 21 22 (

c) Computer-readable Copies of the record 23 24

(1) When the record is certified as accurate, the clerk must promptly notify the 25 reporter to prepare six copies of the reporter’s transcript in electronic form 26 and two additional copies in electronic form for each codefendant sentenced 27 to death. 28 29

(2) In preparing the copies, the procedures and time limits of rule 8.619(e)(d)(2)– 30 (5) must be followed. 31 32 (Subd (

c) amended effective April 25, 2019; previously amended effective January 1, 2007, 33 and January 1, 2018.) 34 35 (

d) Extension of time 36 37

(1) The court may extend for good cause any of the periods specified in this rule. 38 39

(2) An application to extend the 90-day period to request corrections or additions 40 under (

a) must be served and filed within that period. If the clerk’s and 41 reporter’s transcripts combined exceed 10,000 pages, the court may grant an 42 additional 15 days for each 1,000 pages over 10,000. 43

(3) If the court orders an extension of time, the order must specify the 2 justification for the extension. The clerk must promptly send a copy of the 3 order to the Supreme Court. 4 5

(4) If the court orders an extension of time, the court may conduct a status 6 conference or require the counsel who requested the extension to file a status 7 report on counsel’s progress in reviewing the record. 8 9 (Subd (

d) amended effective April 25, 2019.) 10 11 (

e) Sending the certified record 12 13 When the record is certified as accurate, the clerk must promptly send: 14 15

(1) To the Supreme Court: the corrected original record, including the judge’s 16 certificate of accuracy,. and a copy of The reporter’s transcript must be in 17 electronic form. The clerk is encouraged to send the clerk’s transcript in 18 electronic form if the court is able to do so. 19 20

(2) To each defendant’s appellate counsel, each defendant’s habeas corpus 21 counsel, the Attorney General, the Habeas Corpus Resource Center, and the 22 California Appellate Project in San Francisco: a copy of the order certifying 23 the record and a copy of the reporter’s transcript in electronic form. 24 25

(3) To the Governor: the copies of the transcripts required by Penal Code

section 26 1218, with copies of any corrected or augmented pages inserted. 27 28 (Subd (

e) amended effective April 25, 2019; previously amended effective January 1, 29 2018.) 30 31 Rule 8.622 amended effective April 25, 2019; adopted as rule 35.2 effective January 1, 2004; 32 previously amended and renumbered as rule 8.622 effective January 1, 2007; previously 33 amended effective January 1, 2018. 34 35 Advisory Committee Comment 36 37 Rule 8.622 implements Penal Code

section 190.8(g). 38 39 Former rule 8.625. Certifying the record in pre-1997 trials [Repealed] 40 41 (

a) Application 42 43

This rule governs the process of certifying the record in any appeal from a 1 judgment of death imposed after a trial that began before January 1, 1997. 2 3 (

b) Sending the transcripts to counsel for review 4 5

(1) When the clerk and the reporter certify that their respective transcripts are 6 correct, the clerk must promptly send a copy of each transcript to each 7 defendant’s trial counsel, to the Attorney General, to the district attorney, to 8 the California Appellate Project in San Francisco, and to the Habeas Corpus 9 Resource Center, noting the sending date on the originals. 10 11

(2) The copies of the reporter’s transcript sent to the California Appellate Project 12 and the Habeas Corpus Resource Center must be delivered in electronic form 13 complying with the applicable requirements of rule 8.144 and any additional 14 requirements prescribed by the Supreme Court, and must be further labeled to 15 show the date it was made. 16 17

(3) When the clerk is notified of the appointment or retention of each defendant’s 18 appellate counsel, the clerk must promptly send that counsel copies of the 19 clerk’s transcript and the reporter’s transcript, noting the sending date on the 20 originals. The clerk must notify the Supreme Court, the Attorney General, 21 and each defendant’s appellate counsel in writing of the date the transcripts 22 were sent to appellate counsel. 23 24 (

c) Correcting, augmenting, and certifying the record 25 26

(1) Within 90 days after the clerk delivers the transcripts to each defendant’s 27 appellate counsel, any party may serve and file a request for correction or 28 augmentation of the record. Any request for extension of time must be served 29 and filed in the Supreme Court no later than five days before the 90-day 30 period expires. 31 32

(2) If no party files a timely request for correction or augmentation, the clerk 33 must certify on the original transcripts that no party objected to the accuracy 34 or completeness of the record within the time allowed by law. 35 36

(3) Within 10 days after any party files a timely request for correction or 37 augmentation, the clerk must deliver the request and the transcripts to the trial 38 judge. 39 40

(4) Within 60 days after receiving a request and transcripts under (3), the judge 41 must order the reporter, clerk, or party to make any necessary corrections or 42 do any act necessary to complete the record, fixing the time for performance. 43

If any portion of the oral proceedings cannot be transcribed, the judge may 1 order preparation of a settled statement under rule 8.346. 2 3

(5) The clerk must promptly send a copy of any order under (4) to the parties and 4 to the Supreme Court, but any request for extension of time to comply with 5 the order must be addressed to the trial judge. 6 7

(6) The original transcripts must be corrected or augmented to reflect all 8 corrections or augmentations ordered. The clerk must promptly send copies 9 of all corrected or augmented pages to the parties. 10 11

(7) The judge must allow the parties a reasonable time to review the corrections 12 or augmentations. If no party objects to the corrections or augmentations as 13 prepared, the judge must certify that the record is complete and accurate. If 14 any party objects, the judge must resolve the objections before certifying the 15 record. 16 17

(8) If the record is not certified within 90 days after the clerk sends the 18 transcripts to appellate counsel under (b)(2), the judge must monitor 19 preparation of the record to expedite certification and report the status of the 20 record monthly to the Supreme Court. 21 22 (

d) Sending the certified record 23 24 When the clerk certifies that no party objected to the record or the judge certifies 25 that the record is complete and accurate, the clerk must promptly send: 26 27

(1) To the Supreme Court: the original record, including the original certification 28 by the trial judge. 29 30

(2) To each defendant’s appellate counsel, the Attorney General, and the 31 California Appellate Project in San Francisco: a copy of the order certifying 32 the record. 33 34

(3) To the Governor: the copies of the transcripts required by Penal Code

section 35 1218, with copies of any corrected or augmented pages inserted. 36 37 (

e) Subsequent trial court orders; omissions 38 39

(1) If, after the record is certified, the trial court amends or recalls the judgment 40 or makes any other order in the case, including an order affecting the 41 sentence, the clerk must promptly certify and send a copy of the amended 42

abstract of judgment or other order—as an augmentation of the record—to 1 the persons and entities listed in (d). 2 3

(2) If, after the record is certified, the superior court clerk or the reporter learns 4 that the record omits a document or transcript that any rule or court order 5 requires to be included, the clerk must promptly copy and certify the 6 document or the reporter must promptly prepare and certify the transcript. 7 Without the need for further court order, the clerk must send the document or 8 transcript—as an augmentation of the record—to the persons and entities 9 listed in (d). 10 11 Rule 8.625 repealed effective April 25, 2019; adopted as rule 35.3 effective January 1, 2004; 12 previously amended and renumbered as rule 8.625 effective January 1, 2007; previously 13 amended effective January 1, 2017, and January 1, 2018. 14