The 10-day hearing for Brian David Mitchell is set to begin Nov. 30. Prosecutors included Smart on the list of 39 witnesses they expect to call.
A judge will hear arguments on the issue Sept. 25.
Mitchell's attorney, Robert Steele, did not immediately return a message Thursday.
U.S. attorney's office spokeswoman Melodie Rydalch declined comment, but said prosecutors have until Monday to file a response with the court.
Smart was 14 when she was taken at knifepoint from her Salt Lake City home on June 6, 2002. She was found in March 2003 walking the streets of a nearby suburb with Mitchell and his now-estranged wife.
Copyright 2009 The Associated Press.
After weeks of school threats countywide, local leaders are announcing a plan of action to put a stop to it.
A group of North County lifeguards were honored Thursday night with the Medal of Valor for saving the life of a boater who wound up stranded on a jetty last October.
A San Bernardino man was sentenced to 41 months in federal prison for carrying out a credit/debit fraud scheme that targeted retail stores, restaurants and hotels throughout San Diego County, prosecutors announced Thursday.
The defense team of a Marine accused in a fatal stabbing on a California Marine Corps base argued Thursday that the death was a tragic accident and the two friends were playing around with a knife.
A San Diego County sheriff's deputy was free on bail Thursday following his arrest by Riverside County authorities on suspicion of lewd acts with a child.
Testimony continued Thursday in the civil lawsuit surrounding the mysterious death of Rebecca Zahau as her boyfriend Jonah Shacknai took the stand.
Some San Diego communities are pushing back against dockless bikes and scooters cluttering the streets and sidewalks.
San Diego Mayor Kevin Faulconer met with the Mexican foreign affairs secretary Thursday to discuss ways to improve economic prosperity and infrastructure, a spokeswoman said.
The Fred Hall Show is dubbed The Ultimate Outdoor Experience, featuring the hottest trends in outdoor recreation. Boating, fishing, camping, hunting, scuba diving and international travel with over 700 exhibits and interactive displays at Del Mar Fairgrounds.