CR-605 - Capital Case Attorney Trial Checklist (Criminal)

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Capital Case Attorney Trial Checklist (Criminal)

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Form ID: CR-605
Title: Capital Case Attorney Trial Checklist (Criminal)
Effective Date: 2019-04-25
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-605
Primary Download URL: https://www.courts.ca.gov/documents/cr605.pdf
Form Detail Page:
Capital Case Attorney Trial Checklist (Criminal)
(CR-605)
The defense attorney or prosecutor in a capital case uses this form to make sure their party has all the records required of them throughout the trial. This form is also used to certify to the court that each party has reviewed these requirements.
Get form CR-605
Effective: April 25, 2019
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How-to instructions for Criminal
PDF Text:
Note: Under Penal Code section 1240.1(e)(1), in capital cases, the obligations of defendant's trial counsel, whether retained by the 
defendant or court-appointed, and the prosecutor include taking all steps necessary to facilitate the preparation and timely certification 
of the record of all trial court proceedings.  
Instructions: This checklist is designed to be a tool for counsel to use throughout the trial in death penalty cases to ensure timely 
compliance with record preparation requirements and to make the certification of the record of the trial in these cases easier and more 
efficient for both counsel and the court. To acknowledge that counsel has reviewed this checklist as early as possible in the trial 
proceedings in a case in which the death penalty may be imposed, within 10 days of their first appearance, primary counsel for each 
defendant and the prosecution must sign and submit this checklist. Counsel may, but is not required to, use the right-hand column on 
the checklist to monitor their compliance with record preparation requirements. 
ATTORNEY TASK FOR OPTIONAL  
USE BY ATTORNEY
DURING TRIAL 
 1.  Review, sign, and submit checklist. Within 10 days of your first appearance in court, review, sign, 
and submit this checklist. (Cal. Rules of Court, rule 4.230(b).)
 5.  Provide copies of audio or visual aids to the court. If you use any audio or visual aids in 
presentations to the jury that are not subject to rule 2.1040, including digital or electronic 
presentations, provide a copy of the audio or visual aid to the court. If a visual aid is oversized, 
provide a photograph of that visual aid in place of the original. For digital or electronic presentations, 
provide the presentation in its native electronic format and a printout showing the full text of all slides 
or images. Photographs and printouts must be on 8 1/2 x 11 inch paper. (Cal. Rules of Court, rule 
4.230(f).) 
 4.  Comply with rule 2.1040. If you present or offer into evidence an electronic sound or sound-and-
video recording, including a recording of a deposition or other prior testimony or a video that is made 
part of a digital or electronic presentation, you must comply with Cal. Rules of Court, rule 2.1040. 
Among other things, this rule requires that you provide a transcript of the electronic recording, which, 
under rule 8.610, must be included in the record on appeal. 
 2.  Review daily transcripts and identify errors or omissions. During trial, you are required to call 
the court's attention to any errors or omissions you find in the daily reporter's transcripts. Immaterial 
typographical errors that cannot conceivably cause confusion are not required to be brought to the 
court's attention. (Cal. Rules of Court, rule 4.230(c).) 
CR-605
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
DEFENDANT:
PEOPLE OF THE STATE OF CALIFORNIA
v.
CAPITAL CASE ATTORNEY TRIAL CHECKLIST
FOR COURT USE ONLY
CASE NUMBER:
Form Adopted for Mandatory Use  
Judicial Council of California  
CR-605 [New April 25, 2019]
CAPITAL CASE ATTORNEY TRIAL CHECKLIST 
(Criminal)
Cal. Rules of Court, 
rules 4.119 and 4.230 
www.courts.ca.gov
Page 1 of 3
 3.  Ensure all exhibits are marked. Make sure that all exhibits that you offer during the trial are 
properly marked for identification.

a. The completed list of all appearances by the party you represent during the trial 
ATTORNEY TASK FOR OPTIONAL  
USE BY ATTORNEY
CR-605
PEOPLE OF THE STATE OF CALIFORNIA v.
DEFENDANT:
CASE NUMBER:
Note that under Penal Code section 1240.1(e)(1), to expedite certification of the entire record on appeal in all capital cases, the 
defendant's trial counsel, whether retained by the defendant or court-appointed, and the prosecutor must continue to represent the 
respective parties until the record is certified.
 CR-605 [New April 25, 2019] CAPITAL CASE ATTORNEY TRIAL CHECKLIST 
(Criminal)
Page 2 of 3
 7.  Submit and serve completed lists of appearances, exhibits, and motions. 
          •   No later than 21 days after the imposition of a sentence of death, you must submit the lists to 
the court and serve a copy of all the lists, except the list of Penal Code section 987.9 
appearances, on all parties. If the clerk's and reporter's transcripts, combined, exceed 10,000 
pages, this time limit is extended by 3 days for each 1,000 pages of combined transcripts over 
10,000 pages. 
          •   Unless otherwise provided by local rule, submit the lists to the court in electronic form. (Cal. 
Rules of Court, rule 4.230(d)(2).)
    c. A list of all motions made by the party you represent during the trial, including ex-parte 
motions. Capital Case Attorney List of Motions (form CR-603) must be used for this purpose. (Cal. 
Rules of Court, rule 4.230(d)(1)(C).)
    b. A list of all exhibits offered by the party you represent during the trial  
          •   Capital Case Attorney List of Exhibits (form CR-602) must be used for this purpose. The list 
must include all exhibits offered during the trial and must indicate whether the exhibit was 
admitted in evidence, refused, lodged, or withdrawn. (Cal. Rules of Court, rule 4.230(d)(1)(B).) 
          •   Make sure that all exhibits that you offer during the trial are properly marked for identification.
    d. A list of all jury instructions submitted in writing by the party you represent during the trial.  
Capital Case Attorney List of Jury Instructions (form CR-604) must be used for this purpose. The  
         list must indicate whether the instruction was given, given as modified, refused, or withdrawn. (Cal. 
Rules of Court, rule 4.230(d)(1)(D).)
AFTER COMPLETION OF TRIAL IF DEATH PENALTY IS IMPOSED
     b. The completed list of all exhibits offered by the party you represent during the trial
     c. The completed list of all motions made by the party you represent during the trial
     d. The completed list of all jury instructions submitted in writing by the party you represent 
during the trial
    e. Providing lists to substituting counsel. In the event of any substitution of attorney during the trial, 
the relieved attorney must provide the lists of all appearances, exhibits, motions, and jury 
instructions to substituting counsel within five days of being relieved. (Cal. Rules of Court, rule 
4.230(d)(1)(A).)
    a. A list of all appearances by the party you represent during the trial, including ex parte 
appearances 
          •   Capital Case Attorney List of Appearances (form CR-601) must be used for this purpose. The 
list must include the date of each appearance, the department in which it was made, the name 
of the attorney 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. 
 6.  Prepare lists of appearances, exhibits, motions, and jury instructions. Prepare the lists 
specified in a, b, c, and d below.

ATTORNEY TASK FOR OPTIONAL  
USE BY ATTORNEY
CR-605
PEOPLE OF THE STATE OF CALIFORNIA v.
DEFENDANT:
CASE NUMBER:
    a. A declaration stating that counsel or another person under counsel's supervision has performed the 
tasks required by 8.613(f), including meeting and conferring with opposing counsel. (Cal. Rules of 
Court, rule 8.619(b)(1)(A).)
 10. Serve and file declaration and request for corrections or additions/statement. Within 30 days 
after the clerk delivers the transcripts and lists to you, each trial counsel must serve and file both of 
the following (if the clerk's and reporter's transcripts, combined, exceed 10,000 pages, this time limit  
       is extended by 3 days for each 1,000 pages of combined transcript over 10,000 pages):
    b. ONE of the following: 
          •   A request to include additional materials in the record or to correct errors that have come to 
counsel's attention. 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; OR 
          •   A statement that counsel does not request any corrections or additions. 
        Counsel may file a joint statement or request. (Cal. Rules of Court, rule 8.619(b)(1).)
 CR-605 [New April 25, 2019] CAPITAL CASE ATTORNEY TRIAL CHECKLIST 
(Criminal)
Page 3 of 3
11. Participate in hearing to certify the record for completeness. If any party files a request for 
corrections or additions to the record, the trial court will set a hearing to consider the request. (Cal. 
Rules of Court, rule 8.619(c).)
12. Participate, as necessary, in certification of the record for accuracy.  
          •   When appellate counsel for the defendant is retained or appointed, the trial court will send that 
counsel a copy of the record that has been certified for completeness. Within 90 days after that, 
appellate counsel or any other party may serve and file a request for corrections or additions to 
the record. If the clerk's and reporter's transcripts, combined, exceed 10,000 pages, this time 
limit is extended by 15 days for each 1,000 pages of combined transcripts over 10,000 pages. 
          •   If a request for corrections or additions to the record is filed, unless otherwise ordered by the 
trial court, within 10 days after that request is filed, defendant's appellate counsel and the trial 
counsel from the prosecutor's office must meet and confer, in person or by telephone, to discuss 
the request and any application to unseal records served on the prosecutor's office.
 9.  Confer. Within 21 days after the clerk delivers the transcripts and lists, you must confer with 
opposing counsel to discuss any errors or omissions in the reporter's or clerk's transcript identified 
during your review. If the clerk's and reporter's transcripts, combined, exceed 10,000 pages, this time 
limit is extended by 3 days for each 1,000 pages of combined transcript over 10,000 pages. (Cal. 
Rules of Court, rule 8.619(a)(2).)
I acknowledge that I have reviewed this checklist.
 8.  Review reporter's transcript, clerk's transcript, and lists. When the clerk delivers the clerk's and 
reporter's transcripts and the lists to you, you must: 
          •   Review the docket sheets, minute orders, and lists of appearances, exhibits, motions, and jury 
instructions to determine whether the reporter's transcript is complete; and 
          •   Review the court file to determine whether the clerk's transcript is complete. 
              (Cal. Rules of Court, rule 8.619(a)(1).)
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY)
, attorney for 
(PARTY)

Retrieval chunks

• #1

  Form ID: CR-605 Title: Capital Case Attorney Trial Checklist (Criminal) Effective Date: 2019-04-25 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-605 Primary Download URL: https://www.courts.ca.gov/documents/cr605.pdf Form Detail Page: Capital Case Attorney Trial Checklist (Criminal) …

• #2

  or images. Photographs and printouts must be on 8 1/2 x 11 inch paper. (Cal. Rules of Court, rule 4.230(f).) 4. Comply with rule 2.1040. If you present or offer into evidence an electronic sound or sound-and- video recording, including a recording of a deposition or other prior testimony or a video that is made p…

• #3

  appearances, on all parties. If the clerk's and reporter's transcripts, combined, exceed 10,000 pages, this time limit is extended by 3 days for each 1,000 pages of combined transcripts over 10,000 pages. • Unless otherwise provided by local rule, submit the lists to the court in electronic form. (Cal. Rules of …

• #4

  • A separate list of Penal Code section 987.9 appearances must be maintained under seal for each defendant. 6. Prepare lists of appearances, exhibits, motions, and jury instructions. Prepare the lists specified in a, b, c, and d below. ATTORNEY TASK FOR OPTIONAL USE BY ATTORNEY CR-605 PEOPLE OF THE STATE OF …

• #5

  trial court, within 10 days after that request is filed, defendant's appellate counsel and the trial counsel from the prosecutor's office must meet and confer, in person or by telephone, to discuss the request and any application to unseal records served on the prosecutor's office. 9. Confer. Within 21 days after …