PROCEDURES
record procedures
Updated: 08/18/08
A roadmap for resolving credits and other correction requests in the trial court, such as correction of the abstract of judgment, using both the informal and formal motion procedures discussed in Fares and Clavel.
Watch an MCLE video on this topic under "Sentencing": 
The Appellate Record Checklist
Updated: 04/05/07
Procedural checklist for augmentation or obtaining missing normal record items in the appellate record.
Watch a related MCLE video on this topic under "Fundamentals":
Dealing With Sealed Records at End of Case
Updated: 04/20/06
Dealing with sealed records can be tricky and counsel must take care to appropriately handle these at the conclusion of the appeal. The normal rule that the entire record goes to the client may not apply to sealed portions. Consider the following scenarios:
In one case, appointed counsel was sent sealed records from the Court of Appeal with a notation on the cover, "It is recommended that this report not be provided to the examinee." The order granting access to the report named counsel, not the appellant. At the end of the case, counsel filed an application in the court requesting guidance on how to dispose of the sealed materials, and citing the Rules of Professional Responsibility that the record belongs to the client. The court directed that the sealed report be returned to the Court of Appeal.
More common sealed record items such as Marsden transcripts are discussed in our Appellate Record Checklist article.
Identifying juror information must be handled carefully; see "Redaction of Juror Identifying Information" and specific court policies below.
Redaction of Juror Identifying Information
The Fifth District issued a formal policy – see above link – concerning the redaction of juror information in record in February 2003. The policy states that appointed counsel must notify the Court of Appeal immediately upon counsel's discovery of the presence in the record of any unredacted personal juror identifying information. The court will then issue a corrective order, depending on the amount of redaction needed and whether the court has completed its review of the record. (Click on the blue link above to read their official policy.)
In the Third District, when counsel discovers unredacted personal juror-identity information in the record, counsel should notify the court clerk by letter (with service copies) immediately. In addition, counsel should identify whether the juror involved in the unredacted portion actually served on the sitting jury panel or not.
Settled Statements, Procedures Article
Updated: 04/05/07 This article is under review for updating
The Third and the Fifth District have slightly different procedures for where to file an application to obtain a Settled Statement from the superior court. Those differences and other tips are described in this article.
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