(a) In order to provide for a comprehensive and organized record for a capital
habeas proceeding, and to avoid duplication by the parties, the following is required:
(1) The entire record of the case shall be filed with the Clerk of the Court at a
time to be designated by the Court.
(2) The petitioner shall be the party responsible for filing the record, unless
the parties agree that the respondent will file the record.
(3) The record shall be divided into volumes each consisting of approximately
two hundred pages. Each volume shall be numbered and have a cover that
includes the case name, the case number, and a designation of what category
of documents, as described below, is contained in the volume. See sample
volume covers in the forms.
(4) The record shall be assembled in the following order and shall be
separated by tabs according to the following categories:
(a) State Court – Trial. This section shall include the trial transcript
and the circuit clerk's record from the trial proceeding.
(b) Alabama Court of Criminal Appeals -- Direct Appeal. This section
shall include the direct appeal briefs filed by both parties with the
Alabama Court of Criminal Appeals and the opinion(s) from the
Alabama Court of Criminal Appeals.
(c) Alabama Supreme Court – Direct Appeal This section shall include
the direct appeal briefs filed by both parties with the Alabama
Supreme Court and the opinion(s) from the Alabama Supreme Court.
(d) United States Supreme Court – Direct Appeal. This section shall
include the pleadings filed by both parties with the United States
Supreme Court and the decision(s) from the United States Supreme
Court.
(e) State Court – Collateral Appeal. This section shall include the post-
conviction hearing transcript and the circuit clerk's record from the
Rule 32 proceedings with the trial Court.
(f) Alabama Court of Criminal Appeals -- Collateral Appeal. This
section shall include the post-conviction appeal briefs filed by both
parties with the Alabama Court of Criminal Appeals and the
opinion(s) from the Alabama Court of Criminal Appeals.
(g) Alabama Supreme Court – Collateral Appeal. This section shall
include the post-conviction appeal briefs filed by both parties with the
Alabama Supreme Court and the opinion(s) from the Alabama
Supreme Court.
(h) United States Supreme Court – Collateral Appeal. This section
shall include the pleadings filed by both parties with the United States
Supreme Court and the decision(s) from the United States Supreme
Court.
(5) A separate index of the record shall be prepared which identifies each
volume of the record, the category of the proceedings contained in the
volume, and the general content of the record contained in the volume,
including number of pages. For example, the index will read: Volume 1,
Circuit Court – Trial, clerk's record pages 1-175; and Volume 2, Circuit
Court – Trial, trial transcript pages 1-200. The index shall be served on the
opposing party. See attached sample index.
(6) In referencing this record in any pleadings or briefs filed in this case, the
parties shall make specific reference by tab number, volume number and
page number.
