RAP 16.19
PREPARATION OF REPORT OF PROCEEDINGS IN CAPITAL CASES
(a) The clerk of the trial court shall prepare a list
of all pre-trial hearings, trial proceedings, and post-trial
hearings, including any in camera or ex parte proceedings,
that specifies the date of the hearing and the name of the
court reporter. This list shall be served by the clerk of
the trial court on each court reporter, the prosecuting
attorney, the defendant's trial counsel and appellate
counsel, and the trial judge within 10 days of the entry of
a judgment and sentence. If appellate counsel has not been
appointed to represent the defendant when the list is first
prepared, the clerk of the trial court shall send a copy of
the list to each appellate counsel within 10 days of
appointment.
(b) Any party may serve and file objections to, and
propose amendments to the list within 10 days after receipt
of the list prepared by the clerk of the trial court. If
objections or amendments to the list are served and filed,
any objections or proposed amendments must be heard by the
trial court judge for settlement and approval. If the judge
before whom the proceedings were held is for any reason
unable to promptly settle questions, another judge may act
in the place of the judge before whom the proceedings were
held.
(c) Once the list of hearings is settled, the clerk of
the trial court shall serve a copy on each court reporter
and shall file a copy with the Supreme Court. The final
list should indicate the date it was served on the court
reporters and the financial arrangements which have been
made for payment of transcription costs.
(d) The court reporter shall complete the report of
proceedings within 90 days after the reporter receives the
list of hearings. If the report of proceedings cannot be
completed within this time, the court reporter shall, no
later than 10 days before the due date, submit an affidavit
to the prosecuting attorney, to the defense appellate
attorney, and to the Supreme Court stating the reasons for
the delay. Any party or any court reporter may move for an
extension of time from the Supreme Court.
(e) The court reporter shall file the report of
proceedings with the clerk of the trial court. The clerk of
the trial court shall transmit the report of proceedings to
the Supreme Court. The clerk of the Supreme Court shall
provide one copy of the report of proceedings to the
defendant, two copies of the report of proceedings to the
defendant's appellate attorney, and one copy of the report
of proceedings to the prosecuting attorney.
(f) Objections or amendments to the report of
proceedings may be served and filed within 30 days after the
party receives a copy of the report of all proceedings.
Copies of all objections shall be filed with the Supreme
Court. The trial court shall settle the report of
proceedings in accordance with RAP 9.5(c) and (d). The
briefing schedule shall be suspended until the record is
settled.
(g) The record may be corrected or supplemented at any
time in accordance with RAP 9.10.
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |