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.
A woman was transported to the hospital Sunday after being bitten by a rattlesnake on the cliffs above Torrey Pines State Beach, according to a spokesperson for the San Diego Fire-Rescue Department.
There was a special reunion in La Jolla on Sunday with surf dog Ricochet jumping on a surfboard with quadriplegic surfer Patrick Ivison. Ivison surfed with Ricochet 10 years ago and they got to chance the ride the waves together once again.
Weekend temperatures were mild at 0-7 degrees above average. Mountain and deserts humidity will decrease through Monday as high pressure moves over Southern California.
The investigation continues into the tragic killing of a pregnant mother and her two young daughters in Colorado. The girls' father remains behind bars accused in their deaths.
At least two children had to be hospitalized Sunday as a result of a major crash that blocked multiple lanes of Interstate 8 in El Cajon.
On Saturday, the community of Alpine turned out to help the victims of the devastating West Fire. Dozens packed the Alpine Community Center for a special fundraiser hosted by News 8’s Shawn Styles.
A suspected drunken motorist in a Mercedes Benz on Sunday suffered "numerous serious facial injuries" in the Skyline community of San Diego when he crashed his vehicle into a house, which sustained minor damage, a police officer said.
Military officials on Saturday identified the San Diego- based Marine at the center of a search in the seas southeast of the Philippines that was called off earlier this week.
As the heatwave continues to torment people, shockingly high electricity bills seem to be an added annoyance this summer.