Involving the Death Penalty
(A) In habeas corpus cases involving the death penalty, it is the responsibility of the
party who first makes reference in a pleading or instrument to a deposition or an
exhibit to:
(1) Obtain either the original or a certified copy of that deposition and include that
deposition or exhibit as an exhibit to their pleading or instrument; or
(2) To file a certificate indicating why the deposition or exhibit is not included as
an exhibit to the pleading or instrument.
(B) It is the responsibility of the party offering for filing any portion of a prior state or
federal court record or transcript to:
(1) Obtain from the Clerk’s office a habeas corpus checklist and review the
various phases of court proceedings identified on the checklist.
(2) Review each prior state or federal court record to be submitted and identify,
within each record, the first page of every portion of the submitted record
identified on the checklist, using the colored tabs and numbering scheme as
indicated below:
(a) Petitioner shall use red index tabs and shall sequentially number the
index tabs commencing with the number “P-1,” “P-2,” etc.
(b) Respondent shall employ blue index tabs and shall sequentially number
the index tabs commencing with the number “R-1,” “R-2,” etc.
(c) Amicus curiae or other parties permitted to intervene or otherwise
participate shall employ green index tabs and shall sequentially number
the index tabs commencing with the number “X-1,” “X-2,” etc.
(3) Cross-reference the index tab number to the checklist.
(4) File a completed checklist concurrently with the filing of the first pleading or
instrument which makes reference to any portion of a prior state or federal
court record or transcript.
(5) Serve a copy of the checklist on all parties and file a certificate of service along
with the checklist, indicating service upon all parties.
(C) In order to facilitate the timely and efficient processing of habeas corpus capital
cases, checklists and index tabs may be obtained in advance of filing from the
Clerk’s office.
