190.81.
(a) In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified. The trial court may use all reasonable means to ensure the compliance with all applicable statutes and rules of court pertaining to record certification in capital appeals, including, but not limited to, the imposition of sanctions.(b) Within 30 days of the imposition of the death sentence, the clerk of the superior court shall deliver to trial counsel copies of the clerk’s transcript, the reporter’s transcript, and a comprehensive journal of proceedings, prepared by the clerk on a form approved by the Judicial Council, listing every date on which proceedings culminating in the judgment occurred and noting the duration and nature of each session, the names of the court reporters present at each session, and the page-length and volume designation of all transcriptions prepared in connection with each session. Trial counsel shall promptly notify the court if he or she has not received these materials within 30 days.
(c) During the course of a trial in which the death penalty is being sought, trial counsel shall undertake to identify, and promptly alert the court of, any errors in the transcript of proceedings. The court shall periodically require that trial counsel provide a list of any proposed corrections to the trial transcript during the course of the trial and may hold hearings in connection therewith. Corrections to the record shall not be required to include immaterial typographical errors that cannot conceivably cause confusion.
(d) Following the imposition of the death sentence and prior to the deadline set forth in subdivision (e), the trial court shall hold one or more hearings for trial counsel to address the completeness of the record and any proposed corrections, and to certify the they have reviewed the comprehensive journal of proceedings prepared by the clerk and all docket sheets to ensure that the record contains complete and correct transcripts for all proceedings, hearings, and discussions that are required to be reported and that have occurred in the course of the case in any court, as well as all documents required by this code and the rules adopted by the Judicial Council.
(e) The trial court shall ensure that the requirements of subdivisions (c) and (d) have been met and shall certify the record on appeal no later than 90 days after entry of the imposition of the death sentence unless good cause is shown. However, this time period may be extended for proceedings in which the trial transcript exceeds 10,000 pages in accordance with the timetable set forth in, or for good cause pursuant to the procedures set forth in, the rules of court adopted by the Judicial Council.
(f) The clerk of the trial court shall deliver a copy of the record on appeal to the Attorney General and appellant’s appellate counsel when the clerk receives notice of appellate counsel’s appointment or retention, or when the record is certified under subdivision (e), whichever is later.
(g) After the record is certified as provided in subdivision (e), no additional motions for correcting the record shall be entertained except as provided in subdivisions (h), (i),and (j).
(h) Not later than 5 days after filing the appellant’s opening brief, appellant may file in the Supreme Court a motion for reference to the trial court for correction of a material error in the record. The motion must do all of the following:
(1) Specify the particular correction sought.
(2) Identify the basis for appellant’s belief that the proposed correction will accurately reflect what transpired at trial.
(3) Explain both how the proposed correction will materially affect the disposition of the pending appeal and why the existence of the asserted error requiring correction could not reasonably have been discovered within the period prescribed in subdivision (e).
(i) Not later than 5 days after filing the respondent’s brief, respondent may file in the Supreme Court a motion for reference to the trial court for correction of material error in the record. The motion must do all of the following:
(1) Specify the particular correction sought.
(2) Identify the basis for the respondent’s belief that the proposed correction will accurately reflect what transpired at trial.
(3) Explain both how the proposed correction will materially affect the rights of any party and why the existence of the asserted error requiring correction could not reasonably have been discovered within the period prescribed in subdivision (e).
(j) At any time when necessary to avoid a grave and manifest miscarriage of justice, either party may file in the Supreme Court a motion for reference to the trial court for correction of material error in the record. The motion must do all of the following:
(1) Specify the particular correction sought.
(2) Identify the basis for the moving party’s belief that the proposed correction will accurately reflect what transpired at trial.
(3) Explain both how the proposed correction will materially affect the rights of any party and why the existence of the asserted error requiring correction could not reasonably have been discovered within the period prescribed in subdivision (d).
(4) Demonstrate by clear and convincing evidence that failure to effect the correction will result in a grave and manifest miscarriage of justice.
(k) The Supreme Court shall rule on any motion for reference under subdivision (h), (i), or (j) not later than 21 days after the motion is filed. No motion for reference shall be granted except for good cause. If the motion for reference is granted, the Supreme Court shall specify the proposed corrections that merit consideration by the trial court. The trial court shall, within 30 days, or any shorter period specified by the Supreme Court, issue an order granting or denying the proposed correction referred for is consideration.
(l) The Supreme Court shall identify in writing to the Judicial Council any case that has not met the time limit for certification under subdivision (e), or for disposition of requested reference or proposed correction under subdivision (k). The Supreme Court shall also identify those cases, and the reasons, for which it has granted any extension of time to comply with the requirements set forth in subdivision (e). The Judicial Council shall include the foregoing information in its annual report to the Legislature.
(m) As used in this section, “trial counsel” means both the prosecution and the defense counsel in the trial in which the sentence of death has been imposed.
(n) This section shall be implemented pursuant to rules of court adopted by the Judicial Council.
(o) This section shall only apply to those proceedings in which a sentence of death has been imposed following a trial that was commenced on or after July 1, 2007.