5. What is the procedure for augmenting the record in a criminal case?

A motion to augment the record must be filed after the record is filed in the Court of Appeal. By local court policy, augmentation requests are to be made within the first 30 days after the filing of the record.

“Normal” Record - Rule 31(a) contains a lengthy description of the contents of a normal record in a criminal case on appeal. If a document or transcript required by rule 31 was inadvertently omitted, the trial court clerk should be notified directly by letter with a copy to the court of appeal. The trial court clerk will then certify and transmit the document or transcript to the court of appeal as an augmentation (see rule 32.1(b),CRC). An augmentation request made pursuant to rule 31.2(b) automatically extends the time to file the brief.

Additional Documents or Transcripts - If the material sought is outside of the normal record, it is necessary to make a formal motion to the court of appeal to augment the record. The basic filing requirements are: 1) An original and 3 copies must be offered; (2) a proof of service on all other litigants [including the Office of the Attorney General, for criminal cases] must be included, and (3) the moving party must be a party to the proceeding. If the motion is granted, the last paragraph of the court’s order will state the due date for the brief (usually 30 days).