Exhibits – viewing, copying, transferring
Per Rule of Court 8.320(e), exhibits are already part of the record on appeal, however, you need to make additional efforts to view them. Transcripts of an audio or video played for the jury, are part of the normal record on appeal and, if missing, can be obtained with a Rule 8.340 letter citing Rule 8.320(b)(11).
When to transfer an exhibit: If you refer to an exhibit that you want the Court of Appeal to view when considering your brief, pursuant to Rule 8.224(a), you need to write a letter and have the exhibits transferred within 10 days of the Respondent’s Brief being filed.
Documentary exhibits must be made part of the Clerk’s Transcript
Pursuant to Second Appellate District Local Rule 1, subdivision (a)(7):
“The Clerk’s Transcript shall include all documentary exhibits admitted in evidence, refused, or lodged in the case in the superior court, including copies of any demonstrative exhibits that were shown to the trier of fact if those copies were lodged in the superior court. The demonstrative exhibits to be included in the clerk’s transcript shall include copies of computer slide presentations (such as PowerPoint presentations) that were shown to the trier of fact, whether or not the presentations were marked as exhibits if copies were lodged in the superior court. Each admitted exhibit shall be clearly identified and sequentially numbered.”
If these items are not included in the Clerk’s Transcript, request them in a Rule 8.340 record omission letter to the Superior Court. DO NOT request them in a motion to augment.
Copies of Digital/Electronic Exhibits admitted on a CD/DVD or flash drive
If you are local to the Los Angeles area: First try to obtain copies of the digital exhibit(s) from defense counsel or the prosecutor on the case. It that fails, you must get a court order to obtain copies. One method to obtain a court order is to send a letter to the trial judge including the defendant’s name and trial court case number, explaining that you are the court appointed appellate attorney and need the exhibits as part of your representation in the Court of Appeal along with the:
If you are not in the Los Angeles area or are physically unable to obtain digital exhibits, CAP-LA may obtain copies on a limited basis. However, you must first do the following:
- Request a copy of the digital exhibit from defense counsel and the DA.
- If that fails or you decide you need to see the actual digital exhibit played for the jury, email a request to the staff attorney assigned to your case (call the front desk and ask the name of the staff attorney assigned to your case). In the email, please include:
- Exhibit number(s) for the digital exhibits you need,
- The steps you have taken to obtain the exhibits,
- Why the digital exhibits are necessary to the appeal.
- If your request is approved, CAP-LA will handle getting the exhibits transmitted to the Court of Appeal and will make copies on a once-per-week basis.
- Please make your requests as early as possible, to allow sufficient time.
Please limit your request to digital exhibits that are actually necessary to the case, either to provide an accurate factual statement, evaluate the admissibility of an issue or evaluate prejudice.
Rule 8.340 record omission letters and motions to augment should NOT be used to obtain copies of digital exhibits, and, may lead to delays in obtaining copies.
In Los Angeles County - to View or Copy
To view a non-audio or video exhibit, contact Central Exhibits, (213) 628-7972, ask for the phone number for the Exhibits Clerk at the courthouse where your client’s trial occurred. Call and make an appointment to view the exhibits.
To copy an exhibit normally viewed in the exhibits room, you will need a court order. With any such request, we recommend sending a letter to the trial judge with the request including the defendant’s name and trial court case number, explaining that you are the court appointed appellate attorney and need the exhibits as part of your representation in the Court of Appeal.
To view audio/video exhibits played in court, write a letter to the Court of Appeal asking to have the exhibits transferred to their exhibit viewing room. **Please note, this could take up to 30 days as exhibits are only delivered to the Court of Appeal once per month. Once the exhibit has been transferred, you can make an appointment at the Court of Appeal to view the exhibit.
In San Luis Obispo County - to View or Copy
To view exhibits, appointments are required. Please call (805) 706-3600 and ask for the Criminal Exhibits Custodian to make an appointment.
To copy non-documentary exhibits, The clerk will not make copies, but taking photos of exhibits cellphones is permitted. For digital exhibits, please see above.
To view court files, you must register for and use the “Attorney Portal.” At this time all case files/documents in this court are electronic.
In Santa Barbara County - to View or Copy
Santa Barbara Courthouse:
To view a non-audio or video exhibit, contact Christine Estrada, (805) 882-4731, to make an appointment to view them. To view a audio/video exhibit, you must bring your own laptop.
Copies of exhibits: The clerk will make copies of paper exhibits upon request. For digital/electronic exhibits, please follow the procedure above. Alternatively, you may seek a court order to obtain copies.
Santa Maria Courthouse:
To view exhibits in a case tried in Santa Maria, email the clerk to make an appointment to view them. The clerk’s email address is: northcountyrecords@sbcourts.org. On the subject line write “Exhibits.”
Your email should include the name of the client, the superior court case number, an explanation that you are appellate counsel and would like to review the exhibits, and the date and time that you are requesting and/or available to review them. The clerk will then get back to you by email to confirm the date and time when the exhibits may be viewed. If there are audio/video exhibits, the clerk will arrange for a laptop for reviewing them; you must bring your own earbuds for listening.
Copies of exhibits: A small number of copies of paper exhibits can be made while you wait. For copies of longer documents, you will need to return at a later date to retrieve the copies or you can file a record omission letter citing Second Appellate District Local Rule 1, subd. (a)(7), which makes all documentary exhibits part of the normal Clerk’s Transcript. Copies of audio/video/digital exhibits will be made by the clerk after the visit and provided to you later.
You must have your appointment order, bar card, and identification with you and present it to the clerk before you will be permitted to review the exhibits.
Juveniles – Santa Maria: To review juvenile exhibits contact the appeals clerk for Santa Barbara County, at the Santa Barbara Superior Court.
In Ventura County - to View or Copy
Adult: To view any exhibit, call Exhibits, (805) 289-8671, to make an appointment. The clerk will then have the exhibits ready for review at the time of the appointment. The clerks have equipment for reviewing audio/video exhibits. If you need document copies, request them from the clerk or file a record omission letter citing Local Rule 1, subd. (a)(7). Court-appointed attorneys should bring the appointment order and identification to obtain a fee waiver.
Juvenile: To review exhibits or the superior court file just walk into the juvenile court clerk’s office with your identification to verify that you are appointed counsel. Copies may be requested at that time. Remember that the Juvenile Court is on Vineyard in Oxnard, separate from the adult court.