Loading…
Appendix 8.A to the Criminal Division rules: the capital case checklist and guidelines for counsel, retained in the case file — pretrial (appearance logs, with Penal Code section 987.9 appearances logged separately; lists of motions and orders; exhibits; juror questionnaires), trial (daily transcripts and their correction; juror questionnaires), post-sentence (the record certification hearing, appointed counsel's duties, and the final lists of appearances, motions, jury instructions and exhibits), and counsel's receipt for the guidelines.
California > Second Appellate District > Los Angeles County > Superior Court of California, County of Los Angeles
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER 8 CRIMINAL DIVISION CAPITAL CASES APPENDIX 8.A CAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSEL People of the State of California vs. Case No. The following general guidelines for counsel in capital cases are to be complied with, unless otherwise ordered by the court. Failure to comply with these guidelines may result in sanctions being imposed or compensation for appointed counsel being withheld. The original of this checklist will be retained in the case file. Each counsel will receive a copy of the signed original. I. PRETRIAL Initial When Complete A. Appearance Log ___________ Primary counsel for each defendant and for the prosecution are to provide the court with a log of every court appearance within 30 days of the first appearance in the Superior Court. This must include all appearances and briefly describe the nature of each appearance. Logged appearances must distinguish between Penal Code section 987.9 appearances and all other appearances. A separate log of Penal Code section 987.9 appearances must be maintained by the primary counsel for each defendant, sealed, and filed with the court at the same time that the final list of all Superior Court appearances is required to be filed with the court, but in no case later than 60 days after imposition of sentence. In the event of any substitution of attorney at any stage of the case, the relieved attorney must provide a log of all appearances to substituting counsel within 5 days of being relieved. If prior counsel fails to provide the appearance log as required, substituting counsel must advise the court immediately. B. Motions and Orders ___________ Within 15 days of assignment to a trial department primary counsel for each defendant and the prosecuting attorney must jointly submit a list of all motions and issues that have been ruled on and all motions that have been filed but are awaiting resolution. This list must denote the court's rulings in all cases where rulings have been issued. C. Exhibits ___________ Within 30 days of the first appearance in the Superior Court primary counsel for each defendant and the prosecuting attorney must provide the trial court with a list of all exhibits introduced by that party at any pretrial hearings, motions pursuant to Section 402 of the Evidence Code, or preliminary hearings. D. Juror Questionnaires ___________ In any case where the trial judge indicates that a jury questionnaire will be utilized, primary counsel for each defendant and the prosecuting attorney must meet at least 30 days prior to the trial date to exchange proposed questionnaires and to prepare a consolidated questionnaire for the trial court. The consolidated questionnaire must be submitted to the trial court at least 15 days prior to the trial date. II. TRIAL ___________ A. Transcripts Court policy provides that counsel for each party are entitled to a copy of the daily transcript in capital cases. Counsel must bring any discrepancies or omissions to the court's attention within 10 days of the receipt of the transcript. This may be done orally, on the record, outside the presence of the jury, or in writing. If there is no dispute concerning a discrepancy or omission in a transcript the court shall order the record corrected forthwith. If a dispute exists with respect to any such discrepancy or omission the court shall hold a hearing within 2 days of receiving oral or written notification from any counsel on the case. The trial court shall make findings and orders on any disputed matters within 5 days of such hearing. B. Juror Questionnaires ___________ Counsel and all other persons involved in the representation of a party are NOT to disclose the content of any completed jury questionnaires to anyone without the prior approval of the court. One blank original of any questionnaire used in the case will be retained and marked as a court exhibit. The original completed questionnaires must be marked as a court exhibit. III. POST-SENTENCE ___________ A. Post-Sentence Hearing A post-sentence record certification hearing must be automatically set by the courtroom clerk within 60 days of the date of imposition of sentence. Trial counsel must be prepared to proceed with certification of the record on the appeal at this hearing. Any final corrections to the reporter's transcripts must be addressed at this hearing. Trial counsel must notify the trial court if all reporter's daily transcripts are not received within 5 days after sentence is imposed. Trial counsel must make themselves available for further hearings to facilitate the certification of the record as directed by the trial court. In order to expedite certification of the entire record on appeal in all capital cases, defendant's primary trial counsel, whether retained by the defendant or appointed by the court, must continue to represent the defendant until the entire record on the automatic appeal is certified in accordance with the mandate of Penal Code section 1240.1(e)(1). A request for augmentation to or correction of the clerk's transcript must include, where feasible, the material that is proposed to be included in the clerk's transcript. Any such request must be made within 20 days of the receipt of the clerk's transcript. B. Appointed Counsel ___________ Pursuant to Penal Code section 1240.1(e)(1), all trial counsel are to assist and cooperate with appellate counsel in the completion of the record certification process. Trial counsel must maintain and preserve all files and records indefinitely, unless otherwise authorized by a court of competent jurisdiction, after notice to appellate counsel. C. Final Lists Within 60 days of the sentence date primary counsel for each defendant and the prosecuting attorney must provide the court with the following: 1. A list of all court appearances with a brief description of ___________ the nature of the appearance. This document must include a separate list, under seal, of all appearances pursuant to Section 987.9 of the Penal Code with a brief description of the request and ruling of the court. 2. A list of all motions filed by that party setting forth the ___________ court's ruling on each such motion. 3. A complete list of all jury instructions submitted by that ___________ party, setting forth any that were withdrawn or refused. 4. A complete list of all exhibits marked by that party ___________ including those not admitted into evidence. Any exhibits or items that were referred to but not previously submitted must be included and marked as a court exhibit. IV. RECEIPT FOR GUIDELINES A copy of these guidelines have been received by counsel in the above entitled case: ____________________ ________ ____________________ ________ Signature Date Signature Date ____________________ ____________________ Name Printed Name Printed ____________________ ________ Signature Date ____________________ Name Printed 8.A
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER 8 CRIMINAL DIVISION CAPITAL CASES APPENDIX 8.A CAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSEL People of the State of California vs. Case No. The following general guidelines for counsel in capital cases are to be complied with, unless otherwise ordered by the court. Failure to comply with these guidelines may result in sanctions being i
Reviewer note: Composed 2026-09-29 (California T3 Los Angeles build 2026-09-29) from BenchPath custody ca/t3/ca-los-angeles/rules/LIBSVCExecutiveSupport-356-LascCourtRules_Appendices.pdf (5790961 bytes, sha256 6957ef6b50a27bd6fb776f44c3b7b26504dbc06c67908c83c1f95d4ba2d01cf3; 139 pages; this appendix is pages 130 to 135) with the shared verbatim composer (v2 reflow), reading the glyphs drawn on the page (the file's replacement-text layer differs from the print: “(begin underline)” markers, fill-in blanks replaced by markers, dashes coded as a bullet and a NUL): the running header, the appendix mark and the page marks removed as chrome; proof 1 (whitespace-only), proof 2 (same character multiset as the text layer minus chrome) and proof 3 (same characters as the glyphs drawn on the page) all pass. The two-column case caption is set left cell, then right cell, the “)” column left out. The checklist's blank initials lines are kept as printed.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.