Rule 8.616. Preparing the trial record

(a) Clerk's duties.

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

(A)  Notify the reporter to prepare the reporter's transcript; and

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

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

(3)  The clerk must certify the original and all copies of the clerk's transcript as correct.

(Subd (a) amended effective April 25, 2019.)

(b) Reporter's duties.

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

(2)  Any portion of the transcript transcribed during trial must not be retyped unless necessary to correct errors, but must be repaginated and combined with any portion of the transcript not previously transcribed. Any additional copies needed must not be retyped but, if the transcript is in paper form, must be prepared by photocopying or an equivalent process.

(3)  The reporter must certify the original and all copies of the reporter's transcript as correct and deliver them to the clerk.

(Subd (b) amended effective April 25, 2019; previously amended effective January 1, 2016.)

(c) Sending the record to trial counsel.

Within 30 days after the judgment of death is rendered, the clerk must deliver one copy of the clerk's and reporter's transcripts and one copy of each list of appearances, exhibits, and motions required by rule 4.230 that is not required to be sealed to each trial counsel. The clerk must retain the original transcripts and any remaining copies. If counsel does not receive the transcripts within that period, counsel must promptly notify the superior court.

(Subd (c) amended effective April 25, 2019.)

(d) Extension of time.

(1)  On request of the clerk or a reporter and for good cause, the superior court may extend the period prescribed in (c) for no more than 30 days. For any further extension the clerk or reporter must file a request in the Supreme Court, showing good cause.

(2)  A request under (1) must be supported by a declaration explaining why the extension is necessary. The court may presume good cause if the clerk's and reporter's transcripts combined will likely exceed 10,000 pages.

(3)  If the superior court orders an extension under (1), the order must specify the reason justifying the extension. The clerk must promptly send a copy of the order to the Supreme Court.

Rule 8.616 amended effective April 25, 2019; repealed and adopted as rule 35 effective January 1, 2004; previously renumbered as rule 8.606 effective January 1, 2007; previously amended effective January 1, 2016.

Advisory Committee Comment

Rule 8.616 implements Penal Code section 190.8(b).


Rules that reference this rule: N/A