Santa Barbara Local Rules index

Effective January 1, 2025

Please note: these are the local Court Rules for Santa Barbara County Superior Court. Last amended date for each rule is shown.

PDF version available here

These local Court Rules (“local rules”) are adopted pursuant to Code of Civil Procedure section 575.1 ; California Rules of Court (“CRC”) 10.613 and Government Code sections 68070, et seq .

(Amended effective 07-01-09; adopted effective 07-01-98; previously amended effective 07-01-09)

These local rules may be amended only upon a majority vote of the judges present at any noticed regular or special meeting of the judges of the Superior Court of Santa Barbara County (“Court”).

(Amended effective 07-01-09; fdopted 07-01-98; previously amended effective 01-01-00)

If any counsel, a party represented by counsel, or a self-represented litigant fails to comply with any of the requirements of these local rules, a judge, on motion of a party or on his or her motion, may (1) strike all or any part of any pleading of that party, (2) dismiss the action or proceeding or any part thereof, (3) enter a judgment by default against that party, or (4) impose other penalties of a lesser nature as otherwise provided by law, and may order that party and counsel to pay to the moving party reasonable expenses associated with the motion, including reasonable attorney fees.

No penalty may be imposed under this rule without prior notice and an opportunity to be heard, by the party against whom the sanction is sought to be imposed. [CCP sections 177.5 and 575.2].

If failure to comply with these local rules is the responsibility of counsel and not the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.

(Amended effective 07-01-09; adopted effective 07-01-98; previously amended effective 07-01-03)

The jurisdiction of the Court’s geographic regions is specified by Article VI, sections 4 and 5 of the Constitution of the State of California ; ordinances adopted by the Santa Barbara County Board of Supervisors, and by these local rules.

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective; 01-01-99)

For the purpose of these local rules, it shall be assumed that Santa Barbara County has been divided geographically into two separate regions hereinafter referred to as "South County" and "North County." A map depicting this geographic division is contained in "Appendix 1" of these local rules.

The portion of Santa Barbara County southerly and easterly of the following described line constitutes "South County":

Beginning at the intersection of the west bank of Gaviota Creek and the mean high tide line of the Pacific Ocean; northerly to intersection with the westerly right-of-way line of U.S. Highway 101; northerly along the westerly right-of-way line of U.S. Highway 101 to the south bank of the Santa Ynez River; easterly along the south bank of said river to the westerly right-of-way line of Happy Canyon Road and Figueroa Mountain Road; northerly and northeasterly along said right-of-way line to the boundary line between Township 8 North and Township 7 North; and easterly along said boundary line to the Ventura County line, including the islands of Anacapa, San Miguel, Santa Rosa, and Santa Cruz.

The remainder of Santa Barbara County constitutes "North County." This geographic division is coterminous with the jurisdictional boundaries dividing the former Santa Barbara Municipal Court District and the former North Santa Barbara County Municipal Court District.

(Amended effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99)

For the purpose of these local rules, the following are designated as the divisions of the Court: Santa Maria, Lompoc, Solvang, Santa Barbara, Juvenile and Appellate.

(Adopted 07-01-09)

(Amended effective 01-01-22; adopted 07-01-99 previously amended effective 07-01-18, 07-01-09 and 01-01-99)

The proper venue for filing documents will ordinarily, but not necessarily determine the Court location where any case will be heard. With respect to documents which are not required to be e-filed under Local Rule 1012, the Clerk shall not refuse to accept for filing a document delivered to the Clerk's Office in a division different from the appropriate filing venue, provided that the document is otherwise legally acceptable for filing.

(Amended effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99)

Regular meetings of the judges of the Court shall be called periodically by the Presiding Judge or by the Assistant Presiding Judge. Special meetings of the judges may be called by the Presiding Judge, or Assistant Presiding Judge, or by a majority vote of the judges of the Court. Meetings of the judges of either region of the Court may be called by the Presiding Judge or Assistant Presiding Judge or by any two judges of a region.

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

The Presiding Judge and an Assistant Presiding Judge of the Court shall be elected by a secret ballot majority vote of all judges of the Court at a September meeting. The Presiding Judge shall be selected from one region and the Assistant Presiding Judge shall be selected from the other region. The term of office for these positions shall be concurrent and shall be for a period of two calendar years. Upon completion of the term , the Assistant Presiding Judge shall succeed the Presiding Judge for a full two-year term.

(Amended effective 07-01-09; adopted effective 01-20-05)

A judge’s vacation day is defined as an approved absence from the Court for one full business day.  A request for vacation time or other absence from the Court shall be submitted to the Presiding Judge or a designee with reasonable advance notice.   Absences from the court to attend an authorized education program, conference, or workshop or to participate in Judicial Council or other authorized committees or community outreach activities, is not considered vacation time if prior approval has been granted by the Presiding Judge or a designee.

A judge may take two personal leave days per year subject to prior approval by the Presiding Judge or a designee.

(Amended effective 07-01-09; adopted effective 07-01-08)

The judges of the Court may appoint an Executive Officer, who shall also serve as Clerk of the Court (“Clerk”) and as Jury Commissioner, and who shall continue to serve at the pleasure of a majority of the judges of the Court. The duties of Executive Officer are prescribed by CRC 10.610 .

(Amended 07-01-09; Adopted 07-01-98; previously amended 01-01-99)

The Executive Officer shall prepare and submit a Superior Court Personnel “Plan” to the judges of the Court for approval. The Plan, when adopted by a majority of the judges, shall apply to all Court employees, and the judges shall follow such Plan in all dealings with Court employees, except where inconsistent with California and federal statutes and the CRC, in which event the statutes and CRC shall be controlling.

(Amended effective 07-01-09; adopted effective 07-01-98)

The complaint must include a statement of the specific action or conduct by the subordinate judicial officer that is the basis for the complaint and the approximate date that the action was taken or conduct occurred. If the complainant requests that particular witnesses to the action or conduct of the subordinate judicial officer be contacted in support of the complaint, the names, and if available to the complainant, the addresses and telephone numbers of those witnesses must be included in the complaint.

(Former rule 402 renumbered effective 07-01-09; adopted effective 01-20-05)

DESIGNATED EMPLOYMENT CLASSIFICATIONS

Judges and Court Commissioners will file Statements of Economic Interests and any other related and required forms, as elsewhere provided by law.

Employees, contractors or consultants in the below-designated classifications shall report interests, investments and interests in the corresponding Disclosure Categories, as set forth in Appendix II:

DISCLOSURE CATEGORIES

Category 1.  Employees, contractors or consultants in designated classifications assigned to this disclosure category shall report interests in real property located within Santa Barbara County or within two miles of Santa Barbara County.

Category 2.  Employees, contractors or consultants in designated classifications assigned to this disclosure category shall report investments in and income from business entities engaged in the manufacture, sale, lease or provision of supplies, materials, equipment, real property and services of the type used by these Courts within the past two (2) years.

Category 3.  Employees, contractors or consultants in designated classifications assigned to this disclosure category shall report all investments, sources of income, interests in real property, and positions in business entities, as follows: If, during a reporting period, a designated employee in this category did not participate in, or was not required to disqualify himself or herself from participating in, a case or other assignment in which he or she had a financial interest as defined   by Section 87103 of the Government Code, the employee shall sign a statement to that effect, under penalty of perjury. This statement shall be filed as the statement of economic interests required by Section 4(c) of the Standard Code. An employee who disqualified himself or herself from participating in a case or assignment in which he or she had a financial interest, shall disclose the case or assignment and the disqualifying interest, and file the statement with the Filing Officer.

(Adopted 07-01-98.  As amended, eff. 01-01-11)

The Executive Officer shall recommend, prepare for approval by the judges , and for review and authorization of the Judicial Council, a schedule of all fees charged by the Court and by the Clerk, to litigants and to the general public for filing documents and provision of other Court services. Upon adoption by the judges and upon authorization of the Judicial Council pursuant to CRC 10.815, the approved Schedule of Court Services, Filing Fees and Charges, and all instructions or information contained therein, shall be published and maintained for public inspection and shall have the full force and effect of a Rule of Court, except as may otherwise be prescribed by statute, the CRC , or otherwise by these local rules.

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

If a check is returned for non-sufficient funds or “account closed,” the payor must reimburse the Court with cash, or cashier’s check plus a service fee for the actual cost as determined by consultation between the Court Administrator and the County Auditor’s Office.

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective 01-01-02)

The Court will not accept deferred or partial payments on fines unless a deferred fine payment or a financial payment plan is first approved, or as may otherwise be ordered by a judicial officer. To establish a fine deferment, for one future payment of the entire fine, or a financial payment plan for multiple future payments, the defendant must submit a completed application, along with a nominal fee for the cost of account administration, to the fiscal unit of the Clerk’s office in the division where the case is calendared. Incomplete applications will not be accepted. Court approval of deferment or installment payment plans will include specified due dates and minimum amounts for payments, as determined by the Court at the time of the application is filed.

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

The Court has entered into contract(s) with private debt collections firm(s), for the purpose of collecting certain delinquent accounts. Court accounts may be referred for collection under such contract(s) and collections will be made and remitted to the Court, pursuant to the terms of the contract(s).

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

All interest earned on Court funds, and on funds deposited by the Court in fiduciary trust for other persons or entities, shall be paid promptly into the fund which contains the principal on which the interest accrued in accordance with Government Code section 53647(b), and to the extent not otherwise specifically provided by the CRC, or specific rule or formal order of the Court.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

The Sheriff of Santa Barbara County is designated Court Security Officer (“CSO” for the Court. The CSO shall provide court security services within and about the perimeter of all Court facilities, prisoner transportation services, prisoner escort services, bailiff services, and the execution of court orders and bench warrants requiring the immediate presence of a defendant or witness in court pursuant to Government Code section 26671.4 and in compliance with Government Code sections 69920 et seq ., and the CRC.

(Amended effective 07-01-09; previously amended effective 01-01-99; adopted 07-01-98)

The Court Security Officer shall prepare, periodically review and revise, a Court Security Plan (“Plan”), for consideration and approval by the Court Security Committee created pursuant to CRC 10.173 and Government Code section 26671.6. The Plan shall be submitted for approval of a majority of the judges of the Court and shall comply with the requirements of Government Code section 69925 and CRC 10.172.

(Amended effective 07-01-09; previously amended effective 01-01-99; adopted 07-01-98)

The Court Security Plan shall include, and the CSO shall provide, a bailiff for each department of the Court where a judicial officer is presiding in accordance with the Memorandum of Understanding (“MOU”) between the Court and the Sheriff prescribed by Government Code section 69926 and for such other Court proceedings as directed by the Presiding Judge. The courtroom bailiff's primary responsibility is to assure the security of the attending public, courtroom personnel, jurors and other participants in court hearings as well as the security of court facilities, equipment and evidence in the courtroom. In the execution of this duty, each bailiff shall serve under the direction of the judicial officer presiding in the courtroom to which the bailiff is assigned, as well as under the supervision of the CSO . The CSO shall consult with the Court Security Committee before assigning newly-hired personnel or transferring personnel into the Sheriff’s Court Services Division pursuant to Government Code section 26671.7.

(Amended effective 07-01-09; previously amended effective 01-01-99; adopted 07-01-98)

The Court shall control the use and occupation of the courtrooms, corridors, and adjacent public spaces, when court is in session and immediately before and after court sessions, as necessary to allow the courts to function, and to protect the right of access to court proceedings by parties litigant, witnesses, observers, and the general public. The Court may specify procedures for protection of the operations of the Court against disruption or obstruction due to noise, crowding, or other disruptive conditions that may occur in or immediately adjacent to court facilities; as further implemented by the Court-adopted Court Security Plan.

All judicial officers are hereby empowered to make such orders as they may deem necessary to limit the occupancy of the courtrooms in which they preside and the public corridors in court facilities immediately adjacent thereto, and to limit and control the behavior of persons gathered therein, when the circumstances indicate that the operations of the court, or public access to the court, are being disrupted or are about to be disrupted by congestion or disturbance. The CSO is empowered to enforce such Court orders, and also to implement the intent of this rule, generally, as consistent with the Plan.

Before limiting the activities of members of the news media within the courthouse, or in the areas immediately adjacent to the court building within the courthouse grounds, the court shall give such notice as is practical in the circumstances to all identifiable news media members who may be affected by an order under this rule, and offer them an opportunity to make a showing that the proposed order is unnecessary, or should be modified. Nothing in this rule is intended to impact the procedures established in the CRC regarding the coverage of court proceedings by electronic media.

Any party aggrieved by an order made pursuant to this rule may apply to the court to modify the order, or to be exempted from it, by making a request in writing to the judge who issued the order, or to the Presiding or Assistant Presiding Judge of the Court, if the judge who issued the order is not available. Such written request shall be made under penalty of perjury, and shall state the specific impact of the order on the party requesting exemption or modification, as well as the specific relief requested.

(Amended effective 07-01-09; previously amended effective 01-01-99; adopted 07-01-98)

Court proceedings are generally open to the public , but certain exceptions are provided by California statutes and the CRC and may be further specified by court order. Closed court proceedings will be noticed by a sign, “Courtroom Closed.”

When a court order is sought for closure of any proceeding or for opening any closed proceeding, the party seeking such order shall file written notice of motion at least two (2) court days prior to the hearing. The motion shall be scheduled to be heard at least one day prior to the hearing. Motions for closure of hearings may be heard on shorter notice at the discretion of the court.

(Amended 07-01-09; previously amended effective 01-01-99; adopted 07-01-98)

Rule number 605 is reserved for future use.

(Rule 605 repealed effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-03.)

(Amended effective 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

Rule number 701 is reserved for future use.

(Rule 701 repealed effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09, 07-01-99 and 01-01-03)

The allowance of fees in excess of those provided in the Schedule for appointed counsel, diagnosticians or other court service providers is subject to the discretion of the court upon proper and sufficient showing by the claimant of the necessity or justification thereof, except as may otherwise be specifically provided by statute.

(Amended 07-01-09; adopted effective 07-01-98)

Except as to those Public Defender and Conflict cases subject to written contract between the court, Santa Barbara County and contract counsel, the following appointment and counsel fee approval procedures shall apply:

(Amended effective 07-01-09; adopted effective 07-01-98)

To assist the court in determining the qualifications of otherwise unrepresented persons for court-appointed counsel, and to permit effective compliance with legal requirements for court determination of the ability of such persons to pay for the public services provided by appointed counsel, all court-appointed counsel, including the Public Defender, contract and non-contract appointed attorneys, shall collect financial information regarding the represented client’s assets, liabilities, income and expenses for all defendants who are not in custody, and provide such information to the court at the time of the initial appointment and again on conclusion counsel shall also advise the court of the number of professional hours and the nature and amount of expenses that the defense has incurred at public expense.

(Amended 07-01-09; adopted effective 07-01-98)

Rule number 705 is reserved for future use.

(Rule 705 repealed effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09, 01-01-01 and 01-01-08)

Rule number 706 is reserved for future use.

(Rule 706 repealed effective 07-01-18; adopted effective 07-01-98; amended 07-01-09)

When the plaintiff is entitled to an award of attorneys' fees in an unlawful detainer default judgment, the sum of One Thousand Dollars ($1000.00) will be awarded.

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 01-01-16 and 07-01-09)

Any grand juror who fails to obey the oath taken or charge by the court pursuant to Penal Code sections 911 or 914 is subject to removal from office by the Presiding Judge.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

Trial jury selection shall be conducted in accordance with Code of Civil Procedure section 198.5. Jury venires for all South County   divisions shall be selected from the South County geographic region , and jury venires for all North County divisions shall be selected from the North County geographic region as defined in rule 201 of these local rules, unless the Presiding Judge or Assistant Presiding Judge orders a countywide venire in the interest of justice.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-00)

In the event a civil case settles prior to the commencement of trial, the party who has demanded trial by jury shall notify the Jury Commissioner no later than 3:00 p.m. on the court day prior to the date set for trial. Failure to provide timely notice shall result in the party's forfeiture of the jury fee deposit and liability for all of the costs of the jurors appearing for trial. If the case settles on the day of trial after the jurors have actually appeared and cannot be utilized in another trial on the same date, the parties shall be responsible for the actual costs of all jurors appearing for the trial to be determined by the judge.

(Amended 07-01-09; adopted effective 07-01-98)

Rule number 803 is reserved for future use.

(Rule 803 repealed effective 07-01-18; adopted effective 07-01-99; amended 07-01-09)

The Court maintains a direct calendar system with cases generally assigned to one department for all purposes including trial. The Presiding Judge or Assistant Presiding Judge may assign and re-assign cases to other departments.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

The Clerk shall post in a prominent public location at each division by 4:00 p.m. every court day, a copy of the weekly schedule of judicial assignments and a copy of the daily calendar the hearings and trials scheduled for the following court day , excluding the name and other identifying information regarding juvenile or other confidential acti ons except as may otherwise be provided by law.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

The Court shall establish a schedule of judicial officers to be available to consider and to make necessary court orders after regular business hours  for the review and setting of bail, issuance of search warrants, and emergency juvenile, domestic violence and other protective orders. The Court has established a system of telephonic or other contact with such “after-hours duty judicial officers ,” and shall provide such information to law enforcement agencies and child protective service agencies on a confidential basis.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

(Amended 07-01-09; adopted effective 01-01-04)

(Amended 07-01-09; adopted 07-01-98; Former Rule 903; re-numbered effective 01-01-04; previously amended  effective 01-01-99)

To assure timely disposition of all cases consistent with the goals of Government Code section 68607 and California Standards of Judicial Administration 2.1, the Court will actively manage all cases from filing to disposition.

(Amended 07-01-09; adopted effective 07-01-99; previously amended effective 01-01-99)

Parties seeking a continuance of any matter must apply to the Court in the manner provided by law, i.e., by stipulation, by ex parte application, or by noticed motion. Except where otherwise required by law, continuances are granted or denied in the court's discretion and are not granted solely on the basis of the stipulation of the parties. The Clerk is not authorized to continue a matter without an order from the Court.

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-99)

Except upon specific order of a judicial officer or as may otherwise be provided by law, no case shall be scheduled in any di vision of the court without approval of the Clerk.

(Amended 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-99)

To the extent permitted by law and in the discretion of the judicial officer presiding, if time estimates are exceeded, any case may be deemed submitted for decision on the evidence presented, ordered off calendar, or a mistrial declared.

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09)

Counsel in both civil and criminal cases are responsible for having their parties and witnesses present in court promptly so that no proceeding is delayed. It is also the responsibility of counsel to attempt to mitigate unnecessary attendance of witnesses at proceedings where they may not be necessary, and to attempt to schedule witnesses on an “on-call” basis whenever possible. The court will not impose sanctions in cases where there is a short continuance required for the appearance of a witness who has been placed “on- call” in a reasonable manner.

(Amended 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-99)

(Amended 01-1-2024; Adopted effective 07-01-98; previously amended effective 07-01-09, 01-01-99 and 07-01-18)

Subject to Government Code section 68086 and CRC 2.956, official reporting services are normally available in all Departments of the Court for trials and all other proceedings in civil cases, excepting small claims hearings and ex parte proceedings.

(Adopted effective 07-01-18; former Rule 1006, adopted 07-01-98, was repealed effective 07-01-09)

(Amended effective 01-01-22; previously adopted effective 07-01-18; former Rule 1007 (07-01-98) repealed effective 07-01-09)

South County Court Divisions : Santa Barbara – Civil (805) 882-4519 Santa Barbara – Criminal & Traffic (805) 882-4647

North County Court Divisions: Santa Maria – Civil (805) 614-6616 Santa Maria – Criminal & Traffic (805) 614-6591 Lompoc Division (805) 737-5440 Solvang Division (805) 686-7491

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09, 01-01-03 and 01-01-99)

All applications for ex parte orders shall comply with CRC 3.1200-3.1207 and shall be e-filed where mandatory under Local Rule 1012. Applications which are not required to be e-filed under Local Rule 1012 shall be filed in the Clerk’s office of the appropriate court division where the case is pending. To the extent practicable, papers in support of an ex parte application should be filed and served by 10:00 a.m. on the court day before the scheduled hearing; later-filed papers may not be timely available to the court and may require a continuance of the hearing.

(Amended 1-1-25; Amended 07-01-18; Adopted Effective 07-01-98; Previously Amended 07-01-09)

Access to review records in the court's public electronic and non-electronic files is available at the Clerk's Office under the supervision of court personnel as provided by law. Copies of such records are available from the Clerk upon request, subject to any established court charge.

(Amended 07-01-18; adopted effective 01-20-05; previously amended 07-01-09; former rule 1010, Acceptance of Certain Hand Printed Documents and Forms, Repealed, effective 1-1-03)

For documents not e-filed, the Clerk will conform a maximum of two (2) copies of any document at the time of filing. Additional copies will be provided by photocopy and the established fee for copies will be charged. If conformed copies are to be returned by mail, a stamped, self-addressed envelope must be included.

(Amended 07-01-18; adopted effective 01-01-03; previously amended 07-01-09)

An ADR Committee is established pursuant to CRC 10.783 for guidance and oversight of all court alternative dispute resolution programs, including the Judicial Arbitration Program. Members of the ADR Committee and the ADR Program Administrator are appointed by the Presiding Judge.

(Amended 07-01-09; adopted 07-01-98; amended effective 01-20-05)

(a) [Arbitration Administrator] The ADR Administrator shall serve as ADR program administrator for all court administered ADR as provided in CRC 10.783, including serving as Arbitration Administrator for judicial arbitration. The ADR Administrator shall establish such local forms, lists of arbitrators and other procedures necessary to implement the Judicial Arbitration Program, and other court administered ADR programs to the extent not otherwise provided by law or the Standards of Judicial Administration.

(b) [Service and Filing] Plaintiff(s) shall include with service of complaints a copy of the Court Administered Dispute Resolution (CADRe) Program Information and a Stipulation and Order to Alternative Dispute Resolution (ADR) Process form pursuant to CRC 3.221(c).

(c) [ADR Consultation] Counsel and self-represented litigants may be required to attend a consultation with the CADRe staff within ten (10) court days of the 120-day CMC or as otherwise directed by the court. Parties and counsel shall be fully prepared to discuss the appropriate dispute resolution method(s) for the case with the court and CADRe staff.

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09 and 01-20-05)

(a) [Applicability of Certain Methods] The Court will make a determination of the amount in controversy at the CMC pursuant to Code of Civil Procedure sections 1141.16 and 1775.5.

(b) [Amount in Controversy Does Not Exceed $50,000] Where the Court determines that the amount in controversy does not exceed $50,000 for each plaintiff, the court shall order the parties to engage in either of the following ADR processes unless exempt by law:

(c) [Amount in Controversy Exceeds $50,000] Where the Court determines that the amount in controversy exceeds $50,000, the Court may order the parties to attend a continued Case Management and ADR Early Settlement Session ("CMADRESS") orientation conference with a court-appointed neutral. The neutral will meet with the parties and their counsel to discuss the case with respect to issues of trial preparation, the volume of anticipated discovery, and the potential costs of the litigation if pursued through trial, and to assist them in deciding whether ADR would help resolve the dispute. The parties will be given the opportunity to mediate their case at this conference if they choose. The parties will not have to pay for the services of the neutral assigned to the case for the first 1.5 hours of the session. The neutral for each case will be chosen by the CADRe Director from a list of mediators approved by the Court's ADR Committee. The parties shall be responsible for scheduling the CMADRESS conference, which must be held within the time limits set by the Court in the case management order.

(d) [Settlement Conferences] The Court may order one or more mandatory settlement conference in all cases to be conducted pursuant to CRC 3.1380. At the request of the parties, the Court may in its discretion order mediation in addition to or in lieu of a mandatory settlement conference.

(e) [Stipulations] The parties may stipulate to ADR processes in addition to or different from CADRe processes ordered by the Court. If an ADR process is stipulated, counsel shall file a fully executed Stipulation and Order to Alternative Dispute Resolution Process form ("ADR Stipulation") within ten (10) court days after the later of either (1) the 120-day CMC or (2) the CADRe consultation. If the parties elect to pursue private ADR with their own neutral and at their own expense, they must inform the Court at the CMC and the Court will exempt them from the CMADRESS conference. Parties attending the CMADRESS conference may continue mediation or other ADR with the assigned neutral or any mediator after the CMADRESS conference, but they will be responsible for making a fee arrangement with the selected mediator for subsequent ADR sessions.

(f) [Participation] All parties are required to participate in court ordered ADR processes in good faith. Personal attendance at the CMADRESS and mandatory settlement conferences is required of all parties, their attorney and any claims representatives, except for defendants who are fully insured and represented by a claims agent for their insurance carrier and who do not have to consent to a settlement. Requests for excused personal attendance must be directed to the Mandatory Settlement Conference Judge.

(Amended 07-01-18; adopted 01-01-98; previously amended effective 07-01-09 and 01-20-05)

(a) [Timing] The parties shall conduct the ADR process within sixty (60) calendar days of filing the ADR Stipulation unless otherwise approved by the court. The neutral shall file a Statement of Agreement or Non-Agreement (ADR-100) within ten (10) court days of the final ADR session. All reports to the court by any mediator shall comply strictly with Evidence Code sections 1115 et seq. regarding disclosure of confidential or privileged information.

(b) [Court Monitoring] At the time an ADR process is ordered by the Court, or at any time in the Court's discretion, the Court may schedule a follow-up CMC or order to show cause to ensure that the ADR process has been completed by the time set by the Court. Any continuance of dates scheduled for ADR, including mandatory settlement conference dates and completion dates, must be directed to the assigned trial judge. Participation in an ADR process shall not affect time periods specified in the Trial Court Delay Reduction Act.

(c) [Settlement] Upon any settlement or other disposition of a case other than by trial, where an ADR process has occurred or is pending, notice of such disposition shall be given to all parties, the court, the arbitrator or other ADR neutral involved in the case, and to the CADRe staff as required by CRC 3.1385.

(d) [Follow-Up Reports] The neutral will be directed by the Court to report to the CADRe Director on the CMADRESS conference using a form approved by the Court's ADR Committee and provided to the neutral upon assignment of the case. The completed forms will be filed with the Court.

(Adopted effective 07-01-18)

(a) Application This rule establishes the court's procedures for receiving, investigating, and resolving complaints about mediators in the court's mediation program for general civil cases, as required by rule 3.868 of the California Rules of Court. Nothing in this rule should be interpreted in a manner inconsistent with rules 3.865–3.862 of the California Rules of Court or as limiting the court's inherent or other authority, in its sole and absolute discretion, to determine who may be included on or removed from its list of mediators or who may be recommended, selected, appointed, or compensated as a mediator by the court. This rule also does not limit the court's authority to follow other procedures or take other actions to ensure the quality of mediators who serve in the court's mediation program in contexts other than when addressing a complaint. The failure to follow a requirement or procedure in this rule will not invalidate any action taken by the court in addressing a complaint.

(b) Definitions As used in this rule:

(c) Confidentiality

(d) Submission of inquiries and complaints to the complaint coordinator All inquiries and complaints should be submitted or referred to the complaint coordinator.

(e) Addressing inquiries If the complaint coordinator receives an inquiry, the coordinator must inform the person making the inquiry that the complaint procedure provides for investigation of written complaints only and that the person should submit a written complaint if he or she wants the court to conduct an investigation or take action. If the person does not submit a complaint, the complaint coordinator may prepare a written summary of the inquiry.

(f) Acknowledgment and preliminary review of complaints

(g) Appointing an investigator or a complaint committee The presiding judge will appoint an investigator who has experience as a mediator and is familiar with the rules of conduct, or a complaint committee that includes at least one such individual, to investigate and make recommendations concerning any complaint that is not resolved or closed by the complaint coordinator as a result of the preliminary review.

(h) Investigations

(i) Final decision on a complaint that was investigated

(j) Interim suspension pending a final decision on a complaint If the preliminary review or the investigation indicates that a mediator may pose a threat of harm to mediation participants or to the integrity of the court's mediation program, the presiding judge or the other judicial officer or committee designated by the presiding judge to make the final decision about the action to be taken on any complaint may suspend the mediator from the court's panel or list pending final decision on the complaint. The complaint coordinator may make a recommendation to the presiding judge or the designee regarding such a suspension.

(Adopted effective 07-01-18)

Appeals and petitions for writs are ordinarily heard by a panel of three judges of the Appellate Division. Appeals from convictions of traffic infractions may be heard and decided by one judge of the appellate division designated by the presiding judge of the appellate division.

(Amended 01-01-20; adopted 07-01-98; previously amended effective 01-01-18, 07-01-09, and 01-01-99)

The original trial court file may be used instead of a clerk's transcript on appeal in limited civil cases, misdemeanor and infraction appeals pursuant to CRC 8.833, 8.863 and 8.914.

(Amended 01-01-20; Adopted effective 07-01-09)

(a) On stipulation of the parties or on order of the trial court pursuant to CRC 8.835, 8.837(d)(6), 8.868, 8.869(d)(6), 8.915 and 8.916, the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted to the appellate division clerk as the record of the oral proceedings without being transcribed.

(b) The clerk shall make the official electronic recording available to the parties and counsel for listening in court facilities during normal business hours.

(Amended 01-01-20; Adopted effective 07-01-09)

The duty of the clerk to send or to transmit trial court records to the Appellate Division is satisfied when the court record is made available to the Appellate Division clerk for use by the Appellate Division either electronically or in hardcopy.

(Amended 01-01-20; Adopted effective 07-01-09)

(Rule 1204 repealed effective 01-01-20; Adopted effective 07-01-09)

(Rule 1205 repealed effective 01-01-20; Adopted effective 07-01-09)

(a) Unless otherwise ordered by the Presiding Judge of the Appellate Division or the Presiding Judge's designee, appellate court proceedings in the Appellate Division shall be conducted by videoconference as provided in CRC 8.885(b) and 8.929(b). (b) Unless personal appearance has been expressly ordered:

(Amended 01-01-20; Adopted effective 07-01-09)

(Rule 1207 repealed effective 01-01-20; Adopted effective 07-01-14)

(a) [Format of Electronic Briefs] Briefs filed in electronic form should comply with the formatting requirements for documents filed in the Court of Appeal as provided in CRC 8.74 to the extent not otherwise required by CRC 8.883 (applicable to misdemeanor and limited civil case appeals), CRC 8.928 (applicable to infraction appeals), or other applicable statute or rule.

(b) [Binding] If filed in paper, briefs must be bound at the top left corner. Paperclips are preferred for binding to facilitate scanning of the document. If stapled, the staples should not be covered with tape.

(c) [Attachments] Briefs generally should not include attachments and may not include evidence not presented to the trial court. However, a party filing a brief may attach copies of trial court exhibits or other materials in the appellate record or copies of relevant local, state, or federal regulations or rules, out-of-state statutes, or other similar citable materials that are not readily accessible. These attachments must not exceed a combined total of 5 pages, but on application the presiding judge of the Appellate Division may, for good cause, permit additional pages of attachments or attachment of other matter. All attachments must be printed on paper complying with CRC 2.103 or, if electronically filed, must comply with CRC 2.256(b). 3

(d) [ Wende Briefs] People v. Wende shall be prominently cited on the cover, or the first page if there is no cover, of any brief requesting the Appellate Division to review the record on appeal to determine if there are any arguable issues that may require briefing as provided in People v. Wende (1979) 25 Cal.3d 436.

(Amended 01-01-20; Adopted effective 07-01-14)

In addition to the requirements of CRC 8.808, all motions, requests, and applications must be accompanied by a proposed order.

(Amended 01-01-20; Adopted effective 07-01-14)

(a) Except as provided in subdivision (b), all documents presented for filing in the Appellate Division in limited civil appeals must be electronically filed (e-filed) as provided in Code of Civil Procedure section 1010.6, CRC 2.250 through 2.261, and Local Rule 1012.

(b) Documents presented for filing by a self-represented party (as defined in CRC 2.250(b)(10)) and documents which are not feasibly converted to electronic form are not required to be e-filed under subdivision (a). Self-represented parties are encouraged to e-file documents although not required to do so.

(Adopted effective 01-01-20)

Unless otherwise ordered by the Court, civil law and motion hearings are to be set on the civil law and motion calendar of the department to which the matter is assigned. It is the responsibility of the filing party to ensure that the Court is available to hear the matter on the applicable civil law and motion calendar and that the matter is timely filed and served with notice of the hearing date and time.

(Adopted effective 07-01-18 ; former Rule 1300, adopted 07-01-98, was repealed effective 07-01-09)

Tentative rulings in civil law and motion matters are posted pursuant to CRC 3.1308 and require notice of intent to appear. Tentative rulings are not required, but any judicial officer who does issue tentative rulings shall use this procedure. Tentative rulings shall be made available by telephone notice and, at the option of the judicial officer, by posting on the Court's web site at http://www.sbcourts.org/os/tr/ not later than 3:00 p.m. on the court day preceding the scheduled hearing. As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear. A party may obtain tentative rulings and provide notice to the court of intention to appear using the following telephone numbers:

Santa Barbara Civil Departments: Department 3 (805) 882-4570 Department 4 (805) 882-4590 Department 5 (805) 882-4570 Department 6 (805) 882-4590

Santa Maria Civil Departments: Department 1 (805) 614-6500 Department 2 (805) 614-6500 Department 4 (805) 614-6515

(Amended 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-03)

Rule number 1302 is reserved for future use.

(Rule 1302 repealed effective 07-01-18; adopted effective 07-01-98; amended 07-01-09)

(a) [Application for Examination] A judgment creditor shall apply for an order requiring the judgment debtor or a third party to appear for examination pursuant to Code of Civil Procedure sections 708.110 or 708.120 using Judicial Council form EJ-125 (or successor form). It is the judgment creditor's responsibility to complete the proposed order portion of the form, including the date and time of the examination hearing, and to verify that the court is available at such date and time for the examination. Examinations are to be set in the department to which the case is assigned. A natural person must be named in the order for examination proceedings on behalf of a corporation, limited liability company, partnership, or other entity, unless the court for good cause orders otherwise.

(b) [Proof of Service of Order] Proof of service of an order requiring the judgment debtor or a third party to appear for examination pursuant to Code of Civil Procedure sections 708.110 or 708.120 must be filed with the court at least three (3) court days prior to the examination.

(c) [Continuance of Examination Hearing] Unless otherwise ordered by the court, continuances of an examination hearing will be granted only where: (i) both the applicant and the person to be examined appear on the date of the examination, (ii) the applicant and the person to be examined stipulate in writing to a continuance, or (iii) proof of timely service of the order has been filed prior to the request for a continuance and the applicant declares that the person to be examined has agreed to appear at the continued date. If timely service has not been effected, the court may set a new examination date upon request of the applicant but a new order for examination must be submitted to the court and the new order served as required as required by applicable law.

(d) [Failure to Appear at Hearing by Applicant] If the applicant fails to appear at the hearing and the person named in the order appears, the proceeding will be taken off calendar without costs awarded to the applicant. Except as otherwise ordered by the court, no further hearing will be scheduled except upon application for a new order with the further hearing scheduled no earlier than 120 days from the date of the originally scheduled hearing.

(e) [Failure to Appear at Hearing by Person Ordered to Appear]

(f) [Obtaining Exceptions] Where exceptions to this rule are permitted upon order of the court, a party seeking such exception shall apply for the exception by stipulation, by ex parte application, or by noticed motion, and such application or motion shall be supported by a declaration showing good cause.

(Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09)

Rule number 1304 is reserved for future use.

(Rule 1304 repealed effective 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09)

Rule number 1305 is reserved for future use.

(Rule 1305 repealed effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99)

1306 TRIAL BRIEFS

Rule number 1306 is reserved for future use.

(Rule 1306 repealed effective 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09)

(a) [Stipulations] Stipulations for a court order are filed with the court without setting a hearing date. The court will accept, modify, or reject the stipulation for an order in chambers without a hearing. The court does not accept stipulations to continue trial except by ex parte application.

(b) [Default Judgments]

(c) [Scheduling Changes] The court may, in its discretion, shorten the times set forth herein, or specially set the hearing or disposition of any matter addressed by this rule, on its own motion or upon ex parte application supported by a declaration showing good cause therefor.

(Amended 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99)

After an action is removed to federal court, remand from the federal court to the state court is effected when the federal court clerk sends a certified copy of the order on remand to the clerk of the superior court. Documents filed in federal court after removal are not provided to the superior court. To complete the superior court's file after remand, within 30 days of the filing of the order of remand, each party shall file a declaration describing the material pleadings that party filed in the federal action and the pertinent orders or rulings entered in the federal action. Certified or conformed copies of all such pleadings and papers shall be attached to the declaration.

(Adopted effective 07-01-18; former Rule 1308, adopted 07-01-98, was repealed effective 07-01-09)

(a) [Delay Reduction Policy] This rule is adopted pursuant to the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.) and CRC 3.711 and 3.714. This rule applies to all general civil actions and all limited civil actions specified, except for those actions excluded by the Trial Court Delay Reduction Act or other actions specified by the court.

(b) [Assignment of "All-Purpose" Judge; Case Management Noticing] Upon filing of the complaint in general civil cases, a judge will be assigned randomly to hear the case for all purposes. A Case Management Conference ('CMC') shall be scheduled one hundred twenty (120) calendar days from the date of filing the complaint and notice of the 'all-purpose judge' assignment and the date set for the CMC will be sent to the Plaintiff. In the event a case is transferred from another county or from another division of this Court, unless otherwise ordered by the Court, a CMC shall be scheduled within ninety (90) calendar days from receipt of the file by the Clerk of the transferee court. Any unlawful detainer case not resolved or set for trial within forty-five (45) calendar days after the date the complaint was filed may be set for CMC to determine the status of such case.

(c) [Case Management Conferences] The Court conducts case management conferences in accordance with the case management rules set forth in CRC 3.720 et seq.

(Amended effective 07-01-18; adopted 07-01-99; previously amended effective 01-01-12, 07-01-09, 07-01-08, 01-20-05, 01-01-03 and 07-01-01)

In addition to the Civil Case Cover Sheet required by the California Rules of Court, a civil action or proceeding presented for filing must be accompanied by the Civil Case Cover Sheet Addendum (form SC-2069), signed by counsel for plaintiff, or by the plaintiff if he or she is self-represented. A copy of the completed form must be served with the summons and complaint or petition.

(Adopted effective 07-01-18)

All actions, proceedings, or other matters to which the Family Rules (commencing with rule 5.2) of the California Rules of Court apply are governed by the rules set forth in chapter 14 of these local rules.

Rule number 1401 is reserved for future use.

(Repealed 01-01-19; amended 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98; previously amended effective 01/01/03)

Rule number 1402 is reserved for future use.

(Repealed 01-01-19; amended 01-01-14; 07-01-09; adopted effective 07-01-98)

Rule number 1403 is reserved for future use.

(Repealed 01-01-19; amended 01-01-11; 07-01-09; adopted effective 07-01-98)

All judges and commissioners are designated to hear family law actions, as assigned or reassigned by the Presiding Judge or Assistant Presiding Judge.

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

Santa Barbara Civil Departments: Department 3 (805) 882-4570 Department 4 (805) 882-4590 Department 5 (805) 882-4570 Department 6 (805) 882-4590

Santa Maria Civil Departments: Department 1 (805) 614-6500 Department 2 (805) 614-6500 Department 4 (805) 614-6515

(Amended 01-01-19; 01-01-11; 07-01-09; 01-01-02; adopted effective 07-01-98)

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; 01-01-02; 07-01-98; adopted effective 07-01-12)

Except where notice of the hearing or service of papers is excused (as provided in CRC 5.165, 5.167(a) or Local Rule 1407), all required ex parte moving papers, including a copy of the proposed order, shall be served as provided in CRC 5.167(a) no later than 1:00 p.m. on the court day preceding the scheduled hearing. Absent a waiver by the court, all such papers shall also be filed with the court no later than 1:00 p.m. on the court day preceding the scheduled hearing. Responding papers shall be served as provided in CRC 5.167(a) at or before the time of the hearing. Service shall be by personal service unless the parties have expressly agreed to service by different means, including electronic or fax service. Responding papers, if not filed by 1:00 p.m. on the court day preceding the scheduled hearing, shall be filed by presenting the original documents for filing to the clerk of the department in which the hearing is scheduled.

(Amended 01-01-19; 01-01-11; 07-01-09; adopted effective 07-01-98)

Rule number 1409 is reserved for future use.

(Repealed 01-01-19; amended 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

All moving and response documents for requests for orders, motions, and orders to show cause shall be filed and served as required by CRC 5.92 and 5.94. Responses to responses (replies) shall comply with CRC 5.92 requirements for response documents and shall clearly state to what the document is responding.

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; 01-01-02; adopted effective 07-01-98)

(Amended 01-01-19; 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

Unless otherwise ordered by the Court, the parties shall comply with CRC 5.125 concerning preparation of an order after hearing. Parties comply with the cover letter requirement of Rule 5.125(e)(3)(C) by filing a declaration of counsel or the self-represented party setting forth the items required by that rule.

(Amended 01-01-19; 07-01-14; 01-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

(Amended 01-01-19; 07-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

Rule number 1416 is reserved for future use.

(Repealed 01-01-19; amended 07-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

Rule number 1417 is reserved for future use.

(Repealed 01-01-19; amended 07-01-14; 01-01-11; 07-01-09; 01-01-03; 07-01-01; adopted effective 07-01-98)

b.       [Computerized Calculations of Support] Computerized calculations of support may be attached to the Declaration required under local rule 1418(a) as follows: 1.       The calculations must be based on a computer program currently in effect, including the latest released amendments to that program. 2.       The Xspouse™ program is utilized by the Court. The Court will take judicial notice of the provisions of the federal Internal Revenue Code, the California Revenue & Taxation Code and applicable regulations, and the accuracy of the amount of applicable taxes calculated by the Xspouse™ program pursuant to Evidence Code sections 452(b), 453, and 455(b). 3.       If the Xspouse™ program is used, the default settings established in each new version of the software must be utilized. The declaration must describe any differences in the assumptions (“settings”) employed and those required by this Rule. 4.       If a Judicial Council-approved computer program other than Xspouse™ is used, comparable assumptions and settings shall be used, and a comparable printout shall be provided.

(Amended 4-1-25; 01-01-19; 07-01-14; 01-01-11;  07-01-09; 01-01-03; adopted effective 07-01-98)

(Amended 01-01-19; 07-01-14; 01-01-11;  07-01-09; 01-01-03;  adopted effective 07-01-98)

Rule number 1420 is reserved for future use.

(Repealed 01-01-19; amended 07-01-14; 01-01-11; 07-01-09; adopted effective 07-01-98)

(Amended 01-01-19; 07-01-14; 01-01-11; 07-01-09; 01-01-03; adopted effective 07-01-98)

Rule number 1422 is reserved for future use.

(Repealed 01-01-19; amended 07-01-14; 01-01-11; 07-01-09; 01-01-03; adopted effective 07-01-98)

(Amended 01-01-19; 07-01-14; 01-01-12; 07-01-09; adopted effective 07-01-98)

(Amended 01-1-19; 07-01-14; 07-01-09; adopted effective 07-01-98)

(Amended 01-01-19; 07-01-14; 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-03)

Rule number 1426 is reserved for future use.

(Repealed 01-01-19; amended 07-01-14; 07-01-09; adopted effective; 07-01-98)

(a) [Office Established] An office of Family Law Facilitator is established in each geographic region as required by the Family Law Facilitator Act, Family Code (“FC”)  section 10000 et seq.  (See Local Rules 201-204)

(b) [Additional Duties] Attorney family law facilitators appointed by the court shall, in addition to the duties and services prescribed by  FC section 10004 , also provide and perform the duties and services permitted under  FC section 10005 (a) and (b) as assigned by the Presiding or Assistant Presiding Judge supervising the division to which the facilitator is appointed.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98)

(a) [Description; Purpose] The purpose of Family Court mediation is to provide a confidential forum for separated parents to meet and discuss custody and visitation issues with a court-appointed mediator.  The goal is to develop an agreed-upon parenting plan focused on the best interests of the children.

(b) [Required Mediation] Mediation by Family Court Services is required before any hearing on a contested issue of child custody or visitation.  Mediation is also required when a court order or judgment provides for mediation at the request of either party, or when a court has ordered mediation, even though no motion is pending.  Unless excused by the Court for good cause, the mediation requirement must be met.

(c) [Voluntary Mediation] When a family law action has been filed, but no motion or Order to Show Cause (OSC) is pending, a mediation session may be scheduled upon the request of either party  to resolve any issue of custody or visitation.  If a party refuses to attend a voluntary mediation, that party’s refusal may be used as good cause to order attorneys fees as sanctions under  FC section 271 or any other statute that imposes fees as sanctions for failure to cooperate.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98)

All mediation proceedings shall be held in private and all communications between the parties and the mediator shall be deemed confidential.  Statements made during mediation by the mediator, or by any party, witness or attorney, shall be inadmissible in future hearings.  Proposed agreements prepared by the mediators shall not be attached to pleadings and filed with the court unless signed by all parties to the mediation, and by counsel for any represented party.  The court may impose sanctions upon parties or counsel who attempt to introduce such statements in evidence or make reference to the Court in any manner to any statements made in mediation.  The mediator shall not be available as a witness in any proceedings.  No information shall be communicated by the mediator to the court other than described in Local Rule 1503(d).  By written agreement or stipulation made in open court, the parties may agree to waive confidentiality in future mediation sessions.  However, disclosure of statements by minors is discouraged notwithstanding the waiver of the children's privilege by the holder(s) thereof.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98)

(a) [Scheduling Mediation] Parents shall cooperate as much as possible in scheduling a mediation appointment.  The parent wanting resolution of the custody or visitation issue(s) shall contact the other parent to determine the most mutually convenient day(s) of the week and time slot (morning or afternoon) for an appointment.  The appointment is set by calling the Mediation Appointment Secretary (“Secretary”) at Family Court Services in the designated region.

(b) [Notice of Mediation]  Within three (3) court days after getting a mediation appointment, the parent who set the appointment shall file and serve on the other parent a Notice of Mediation (see Local Form # SC-4042).  The use of the Notice of Mediation form is mandatory.

(c) [Inability to Agree on Date of Mediation] If the parents cannot agree on a mutually convenient date for the mediation appointment, then the parent wanting resolution of the custody or visitation issue shall nevertheless schedule a mediation appointment and give notice to the other parent by filing and serving the Notice of Mediation form.

(d) [Cancellation of Mediation Appointment] If the other parent is unable to attend the scheduled appointment, then he or she has the responsibility to do the following:

The parent who cancelled the mediation appointment must work as soon as practicable and in good faith with the other parent to reschedule the appointment to a mutually convenient date and time.

(e) [Disputes Regarding Scheduling, Attendance and Cancellation of the Mediation Appointment]  In addition to the procedure outlined above, if a dispute regarding the attendance at, cancellation of, scheduling of or re-scheduling of a mediation appointment arises, either parent may file a “Request for Case Management Conference/Trial Setting” (see Local Form SC-4014).  The Court will then schedule a hearing on the matter and give notice to the parents.  The staff of Family Court Services is not authorized or required under any circumstances to referee scheduling disputes between parents or counsel.

(f) [Agreements Reached in Mediation] If a tentative agreement has been reached between the parents at the mediation, the mediator shall prepare a written agreement and present it to the self-represented parent(s) or the counsel for parent(s), if represented, for approval.  No agreement shall be presented to the court, nor shall the court approve any agreement, until it has been signed by the parties and approved by their counsel, if retained.

(g) [Reports of Mediator] If no agreement is reached at mediation, the mediator may inform the Court whether further mediation should be or has been scheduled.

(h) [Sanctions for Failure to Make Reasonable Efforts to Contact the Other Parent Prior to Setting the Mediation Appointment] Failure to make reasonable efforts to confer to a mutually agreeable mediation date may result in the imposition of sanctions against either party or counsel in the discretion of the Court.

(i) [Sanctions for Failure to Attend Mediation] Failure to attend mediation before a hearing or trial on custody and/or visitation without good cause may subject the parents to monetary and/or issue sanctions in the discretion of the Court.  Among the factors the Court may consider in determining if a parent had good cause for not attending mediation are:

(Amended effective 07-01-23; amended 07-01-12; 05-06-11; 07-01-09; adopted effective 07-01-98)

(a) [Parties Required to be Present] The parties and their minor children who are ages six (6) or older are required to participate in mediation.  Other interested persons may be included in the process at the mediator's sole discretion.  In cases of domestic violence, a support person may be present at mediation as permitted by  FC section 5519.

(b) [Presence of Children] Children six (6) years of age and older on the date of mediation shall be present.  The parent having the child with him/her on the date of mediation is required to bring the child.  If the child is twelve (12) years of age or younger, that parent shall also provide a person to supervise or remove the child after completion of the child's interview.  Children under six (6) years of age shall not be brought to the Family Court Services Offices unless the mediator requires their presence.  The mediator may excuse the presence of any child.

(c) [Participation of Counsel] It is recommended that counsel confirm with the local mediation office to ascertain whether or not to appear at mediation.  If permitted by the mediator, Counsel may be personally present at the commencement of mediation.  The mediator has sole discretion to exclude attorneys from the mediation proceeding.

(d) Language Interpreters] If an interpreter is required to assist the mediation process, it is the responsibility of the party needing the interpreter to provide one.  A family member should not be used as the interpreter without the consent of the other party and opposing counsel.  The interpreter shall interpret only and shall not offer opinions, suggestions or comments.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98)

(a) [Weapons and Recording Devices] No weapons, tape recorders or electronic surveillance devices may be brought to the Family Court Services Office or to any Family Court mediation.

(b) [Referrals to Attorneys] In the event any party seeks a referral to an attorney, the mediator shall make no recommendation of private counsel but will advise the party that the services of the Family Law Facilitator are available.

(c) [Abuse of Process; Sanctions] The court may impose sanctions against parties and counsel for abuse of the mediation process, including but not limited to: failure to properly schedule mediation, failure to give the required notice, failure to reasonably cooperate in scheduling a mediation, and failure to attend a properly scheduled mediation.

(d) [Mediator Conflicts of Interest] Absent full disclosure and consent, a mediator shall not participate in the mediation process if an attorney-client or psychotherapist-patient relationship exists or existed between the mediator and any party or counsel.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98

The Santa Barbara Superior Court advises all litigants, attorneys and evaluators that the processes and procedures set out in Family Code sections 211, 3110 – 3118 and the  CRC 5.220, 5.225, 5.230 and 5.235 are adopted in their entirety.  (CRC 5.220 (d) (1) (A) (i)).

All parties and evaluators are advised to review those statutes and rules before seeking, stipulating to or performing a custody evaluation.

(Amended 01-01-11; 07-01-09; adopted effective 07-01-98)

(a) [Requirement to Attend] All parties to a family law proceeding in which there are minor children, including, but not limited to actions for parentage or legal separation, nullity, dissolution of marriage, or actions to establish or modify custody or visitation, including uncontested cases, shall physically or electronically attend and complete the program entitled 'Parent Education and Co-Parenting Effectively' ('PEACE'). Parties shall physically or electronically attend prior to the first of the following events:

(b) [Purpose of Program and Description] The purpose of the program is to provide education and encouragement for parents to engage fully in parenting and effective cooperation. The program will teach cooperative parenting skills with emphasis on the effects of custody and visitation litigation on children.

(c) [Instructions, Registration and Fee for Attendance] No fee will be charged for the program. Written instructions regarding the requirement of attendance and registration for the parenting education program shall be provided by the Clerk to any party filing any of the documents described in rule 1507(a). A copy of these written instructions shall be served on the opposing party by the filing party at the time of service of the documents described above.

(d) [Attendance Before Mediation; Exceptions] If any party has not completed the required parent education program by the date on which the mediation is scheduled, the mediation date may be reset to a later time to permit the party to attend the program. The mediator may proceed with the mediation if it is in the best interests of the children. In such a case, the mediator shall first require any party who has not attended the program and who has failed to obtain a waiver of the requirement, to sign a written stipulation, which will be incorporated in a court order, requiring that party to attend the required program not later than a specified date.

(e) [Failure to Attend and Remedies]

(f) [Exceptions to Requirement for Attendance]

(g) [Certification of Attendance] The instructors of the PEACE program shall provide attendees with a 'Certificate of Attendance' verifying completion of the course by each attending party. If a party participates in the PEACE program electronically, the party shall print a hardcopy 'Certificate of Completion' and file it with the court within the time for completion of PEACE program attendance. be obtained from the court upon a showing of good cause.

(Amended 01-01-19; 01-01-11; 07-01-09; 07-01-08; 01-01-03; 01-01-99; adopted 07-01-98)

(a) [Requirement to Attend] The parties may be ordered to attend other parenting education programs.  The parties shall attend when:

(1)        the court orders the parties  to attend the program because the court determines a high degree of conflict exists consistent with the criteria prescribed by Family Code section 3190; (2)        the parents stipulate that they will both attend the program; or (3)        the court orders both parents to attend based upon a recommendation from Family Court Services or a recommendation from a child custody evaluator that is made in accordance with the criteria set forth in  FC section 3190. The court may also order parties to attend classes in child development, child psychology, parenting and related topics.

(b) [Purposes of Programs] The purposes of the programs are to provide instructional counseling to the parents to (1) reduce conflict, (2) reduce the children’s exposure to conflict between their parents, (3) educate parents about communication options and problem solving, (4) help parents understand their accountability under existing court orders, and (5) improve understanding of child development, parenting skills and the effect of parent conflict on children.

(c) [Failure to Comply] Failure to comply with an ordered parenting education program shall result in an order to repeat the entire program or another appropriate sanction.

(d) [Fee for Attendance] The parties shall be assessed a fee to defray the cost of the parenting program in an amount to be established by the court.  Such fee shall be waived for any party who obtains an order from the court to proceed in forma pauperis.  Any fees associated with any parenting education shall be allocated pursuant to court order.

(e) [Inadmissibility] Statements made during parenting education by any attendee, instructor or either parent shall be inadmissible in future hearings.  Sanctions shall be imposed upon a party and counsel who attempt to introduce such statements into evidence.

(Amended 01-01-11; 07-01-09; 07-01-08; adopted effective 07/01/99)

(Rule 1600 repealed effective 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-99)

(a) [Filing of Petition] Santa Barbara County Mental Health Department petitions for capacity hearings pursuant to Welfare & Institutions Code (“W&I”) section 5333 shall be filed with the Clerk or with the Deputy Clerk at the Psychiatric Health Facility (“PHF”), located at 315 Camino Del Remedio, Santa Barbara by 4:45 p.m. of each court day. The form of the Petition for Capacity Hearing shall be the form included in the Appendix to these local rules. A copy of the Petition shall be provided to the person who is the subject of the Petition and his or her advocate or counsel at the time it is filed.

If the filing of the petition is at the PHF, the Deputy Clerk shall promptly call the Clerk for assignment of a case number, and shall thereafter electronically transmit a fax of the Petition to the Clerk.

(b) [Scheduling Capacity Hearings] Upon the issuance of a case number, the Clerk or, if filed at the PHF, the Deputy Clerk shall give notice of the capacity hearing to the person who is the subject of the petition, and his or her advocate or counsel. The capacity hearing shall be held before a hearing officer at the PHF in accordance with the following local policy schedule developed by the Presiding Judge and the County Director of Alcohol, Drugs and Mental Health Services (“ADMHS”) to insure that all parties can appropriately respond to the petition:

Earlier hearings can be calendared with the consent of all involved parties.

(c) [Postponement of capacity hearings] Postponement of capacity hearings may be made by the Clerk or Deputy Clerk in the event of the following hardships: petitions filed on or intervening weekends or legal holidays; untimely physical illness of hearing officer, patient, patient's counsel or advocate, attending physician, or treatment facility counselor the physical unavailability of the patient at the PHF.  In no event shall capacity hearings be held beyond seventy-two (72) hours of filing of the initial petition.

(Amended 07-01-09; adopted effective 07-01-98)

The person who is the subject of the capacity hearing shall be given oral notification of the determination at the conclusion of the hearing, by the hearing officer. As soon as thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment shall be provided with written notification of the hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination. A copy of the ruling shall be submitted to the Clerk.

Upon completion of the capacity hearing, the Deputy Clerk at the PHF shall personally deliver the original Petition, if filed with the Deputy Clerk, and all other documents related to the hearing to the Clerk.

(Amended 07-01-09; adopted effective 07-01-98)

(a) [Appeal of Capacity Hearing Determinations] Appeal of a capacity hearing determination may be made to the Court by the patient or with the consent of the County Counsel, by the person who files the original petition (W&I Code section 5334). The form to be used for an appeal made on behalf of the patient shall be the form included in the Appendix to these local rules.

Appeals of capacity hearing determinations shall be filed with the Clerk or with the Deputy Clerk by 4:45 p.m. of each court day.

If an Appeal is filed at the PHF, the Deputy Clerk shall promptly call the Clerk and shall thereafter fax a copy of the Appeal to the Clerk. Appeal case numbers shall be the same as the capacity hearing petition number.

All appeals to the Court shall be subject to de novo review and shall be heard within seventy (72) hours not including weekends and holidays.

(b) [Representation on Appeal] Upon request or upon court order, the Public Defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from capacity hearing determinations. In cases where the patient's representative on appeal is the Public Defender, a copy of the Appeal shall be provided to the Public Defender.

(Amended 07-01-09; adopted effective 07-01-98)

Capacity hearings shall be conducted by a judge, a commissioner or referee, or a court-appointed hearing officer. All commissioners, referees, and hearing officers shall be appointed by the court from a list of attorneys unanimously approved by a panel composed of the local ADMHS Director, the Public Defender, and the County Counsel or District Attorney designated by the Board of Supervisors. No employee of the county ADMHS or of any facility designated by the County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation may serve as a hearing officer. All hearing officers shall receive training in the issues specific to capacity hearings.

(Amended 07-01-09; adopted effective 07-01-98)

(a)(1) [Requirement for a Notice of Certification] To detain a person involuntarily in a facility designated by the County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation, placed under W&I Code section 5150 in such a seventy-two(72) hour treatment and evaluation facility for up to fourteen (14) days of intensive treatment (W&I Code section 5250); or for up to an additional fourteen (14) days of intensive treatment for suicidal persons (W&I Code section 5260); or, for up to an additional thirty (30) days of intensive treatment for gravely disabled persons (W&I Code section 5270.15), a Notice of Certification for such involuntary detention shall be executed designating the particular detention period applicable and the facts forming the basis of the need for such involuntary detention and intensive treatment.

(a)(2) The Notice of Certification shall be signed by two “professional persons” who personally participated in the evaluation. (Welfare & Institutions code sections 5251, 5261 and 5270.20).

(b) [Form of Notice of Certification] The Notice of Certification forms for W&I code sections 5250 and 5270.15 are prescribed in W&I code section 5252. The Notice form for W&I Code section 5260 is prescribed in W&I Code Sections 5262. Both forms are included in the Appendix to these Rules.

(c) [Notice to the Court] Upon the completion of the Notice of Certification form by the “two professionals”, the treating facility shall place an identification number in the top portion of the form. A copy of the form shall then be promptly faxed to the Clerk. The original form shall be personally delivered to the Deputy Clerk assigned to the treatment facility in which the patient is detained.

(d) [Notice to Patient and Others] A copy of the Notice of Certification for a hearing under W&I Code section 5250 shall be personally delivered to the Director of the approved treatment facility or his or her designee and to the patient certified. A copy shall be promptly provided either personally or by fax to the patient’s counsel, if any, the patient rights advocate and such other person(s) as the patient designates. (W&I Code section 5253). For the additional certifications under Welfare & Institutions code sections 5260 and 5270.15, the copy distribution above shall apply plus a copy to the County Counsel.

(e)(1) [Time Elements for Hearings] The Certification Review Hearings shall be held within four (4) days from the date on which the patient is certified to be detained involuntarily, to receive intensive treatment, or for additional detention for further intensive treatment. A patient certified under W&I Code section 5250 also shall have a certification hearing within seven (7) days of the original involuntary admission to the treatment and evaluation facility under the committing W&I Code section 5150.

(e)(2) Hearings may be postponed up to forty-eight (48) hours upon the request of the patient or his or her attorney or advocate.

(e)(3) A patient may bypass the certification review hearing by requesting a judicial review via habeas corpus.

(Amended 07-01-09; adopted effective 07-01-99)

The person who is the subject of a certification review hearing shall be given oral notification of the determination at the conclusion of the certification review hearing by the hearing officer. As soon as thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment, shall be provided with written notification of the certification review hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination. Upon completion of the certification review hearing, the Deputy Clerk at the treatment facility shall deliver the original of the notice of certification, and all other writings and documents of the certification review hearing together with the original of the hearing officer’s written determination to the Clerk.

(Amended 07-01-09; adopted effective 07-01-99)

(a)(1) [Appeal of Certification Review Hearing Determination] Appeals of certification review hearings shall be filed with the Clerk or with the Deputy Clerk assigned at each facility designated by Santa Barbara County and approved by the State Department of Mental health as a facility for seventy-two (72) hour treatment and evaluation by 4:45 p.m. of each Court business day.

(a)(2) If the filing of an Appeal is at an approved treatment facility, the Deputy Clerk assigned at the treatment facility shall promptly call the Clerk or his or her designee for assignment of a case number and shall thereafter fax a copy of the Appeal to the Clerk.

(a)(3) Upon the filing of an Appeal, the Clerk or the Deputy Clerk at an approved treatment facility shall promptly provide a copy of the Appeal, either personally or by fax to the Director of the treatment facility or his or her designee, the patient’s rights advocate, the patient’s counsel, if any, the Public Defender and the County Counsel.

(b) [Representation on Appeal] Upon request, or upon court order, the Public Defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from certification review determinations.

(Amended 07-01-09; adopted effective 07-01-99)

The certification review hearing shall be conducted by either a court-appointed commissioner or referee, or a certification review hearing officer. The certification review hearing officer shall be either a state qualified administrative law hearing officer, a medical doctor, a licensed psychologist, a registered nurse, a lawyer, a certified law student, a licensed clinical social worker, or a licensed marriage, family and child counselor. Licensed psychologists, licensed social workers, licensed marriage, family and child counselors, and registered nurses who serve as certification review hearing officers shall have had a minimum of five (5) years experience in mental health. Certification review hearing officers shall be selected from a list of eligible persons unanimously approved by a panel composed of the Director of ADMHS, the Public Defender, and the County Counsel or District Attorney designated by the Board of Supervisors.  No employee of the ADMHS or of any facility designated by the county and approved by the State Department of Mental Health as a facility for seventy-two (72) hour treatment and evaluation may serve as a certification review hearing officer.

(Amended 07-01-09; adopted effective 07-01-99)

Except where further limited herein, the rules of this chapter apply to, and only to, every action and proceeding to which the Probate Rules of the California Rules of Court apply. (Adopted effective 07-01-19)

(Rule 1701 Repealed 07-01-19; Amended 01-01-13; adopted 07-01-98; previously amended effective 01-20-05 and 07-01-09)

(Rule 1702 Repealed 07-01-19; Amended 01-01-13; adopted effective 07-01-98; previously amended effective 01-01-12)

(Rule 1703 Repealed 07-01-19; Amended 01-01-13; adopted effective 07-01-98; previously amended effective 07-01-00 and 01-01-12)

(Rule 1704 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended effective 07-01-00)

(Rule 1705 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended effective 01-01-03)

(Rule 1706 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended effective 01-01-03 and 07-01-09)

(Rule 1707 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended 07-01-00)

(Rule 1708 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98)

(Rule 1709 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98)

(Rule 1710 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended effective 07-01-00)

(Rule 1711 Repealed 07-01-19; Amended 01-01-12; adopted effective 07-01-98; previously amended effective 07-01-00)

(Rule 1712 Repealed 07-01-19; Amended 01-01-13; adopted effective 07-01-98; previously amended effective 07-01-09)

(Rule 1713 Repealed 07-01-19; Amended 07-01-09; adopted effective 07-01-98; previously amended effective 07-01-00)

(Rule 1714 Repealed effective 07-01-2019; Amended 01-01-13; adopted effective 07-01-98, previously amended effective 07-01-00, 01-01-08 and 07-01-09)

(a) [Filing Location] All cases filed pursuant to the Probate Code shall be filed in the appropriate geographic division as designated by Local Rule 203 and the appropriate Probate Code sections. Each petition filed pursuant to the Probate Code must adequately identify the basis for venue.

(b) [Appearance Requirements] Court appearances are required at all hearings unless the matter has been recommended for approval or appearance is otherwise excused in the examination notes/ tentative ruling. When an appearance is required, attorneys or unrepresented parties must appear in person or by telephone, pursuant to CRC 3.670 and Local Rule 1005. Failure to appear as required may result in sanctions under Local Rule 102.

(c) [Review of Files Prior to Hearing]

(d) [Objections to Pre-Approved Matters] At the time scheduled for hearing, all cases on the calendar will be called. If an objection is made when a case is called, the court will schedule a hearing on a future date to allow for the filing of written objections. If no objections are made when a case is called, or if written objections are not on file at the time of the scheduled hearing, the tentative ruling will be deemed the final order.

(Adopted effective 07-01-19)

(a) [Continuance of Nontrial Matters] Hearings other than trials or evidentiary hearings may be continued subject to the following:

(b) [Continuance of Trials or Evidentiary Hearings] A trial or evidentiary hearing may be continued for good cause only by order of the court. If all parties waive notice, an application for continuance may be presented ex parte. The application must be made at the earliest possible time and in no event less than one week prior to trial or the hearing. A party's need for additional time to prepare for trial or to discuss settlement does not constitute good cause.

(Adopted effective 07-01-19)

Ex Parte Requests in probate are requests for court orders without providing the full notice required for a petition or motion under the Probate Code. As herein defined, Ex Parte Requests are "With Appearance" or "Without Appearance."

(a) [Ex Parte Request Without Appearance] Ex Parte Requests "Without Appearance" are for matters that are uncontested, routine, and are not subject to specific noticing rules in the Probate Code.

(b) [Ex Parte Request With Appearance] All Ex Parte Requests other than those set forth in subdivision (a) are Ex Parte Requests "With Appearance." These matters are often contested.

(c) [Ex Parte Application for Appointment as Special Administrator] A party seeking appointment of as special administrator by ex parte application shall comply with the provisions of this section for an Ex Parte Request, subject to the following:

(Adopted effective 07-01-19)

(a) [Order Prescribing or Dispensing With Notice] Unless otherwise ordered by the court, an order prescribing or dispensing with notice will be considered at the time the petition is heard. A request for an order dispensing with notice must be accompanied by a declaration of due diligence. (See CRC 7.52; Local Court Form SC-6014.)

(b) [Proposed Probate Orders] Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.

Each party is under a continuing obligation pursuant to CRC 3.300 to serve and file a Notice of Related Case whenever it appears that two or more petitions with different case numbers have been filed with reference to the same decedent, conservatee, minor, or trust. The court may, on its own motion, relate or consolidate such matters.

(Adopted effective 07-01-19)

A Petition for Instructions is limited to those matters for which no other procedure is provided. The Petition for Instructions should set forth the matter on which the petitioner desires instructions in precise detail. If the petitioner is taking a position on the issue, the petition shall set forth the position as well as the legal basis for such position. The petition shall be accompanied by a proposed Order of Instructions which sets forth the instructions in clear and explicit language.

(Adopted effective 07-01-19)

(a) The following costs advanced may be reimbursed to the attorney or fiduciary without prior court permission:

Any fees reimbursed without prior court order are nevertheless subject to review for reasonableness at the next account.

(b) The following expenses are considered by the court to be a business expense and are not ordinarily reimbursable costs or fees:

(a) [Broker's Commissions on Real Property Sales] The court will not approve a real estate commission in excess of 6% except in unusual cases where a larger commission is justified because of exceptional circumstances.

(b) [Appearance by Attorney for Sales Confirmation] In hearing petitions for confirmation of sale of real property and for sale of personal property where bidding is authorized, the court ordinarily will not proceed with confirmation of the sale in the absence of the attorney of record.

(c) [Increased Bid Forms] When there is a successful overbid in open court on a sale of real property, an "Increased Bid in Open Court" form (local court form number (SC-6004)) must be completed, signed, and filed with the court before the conclusion of the hearing; otherwise, confirmation is not effective.

(Adopted effective 07-01-19)

(a) [Appointment] The probate referee is selected on a rotational basis. The name of the appointed referee shall be added by the clerk on the Order for Probate (DE-140), Order Appointing Guardian (GC-240) or Order Appointing Probate Conservator (GC-340). If the referee's name is not on the order, the appointment of a probate referee may be accomplished by ex-parte application. (See Local Court form SC-6000 Application and Order Appointing Probate Referee.) (New)

(b) [Preparation of Inventory and Appraisal] The California Probate Referee's Association has published the "Guide to Using Probate Referees," which may be consulted at probatereferees.net . Although not an official court publication, this pamphlet is a good reference.

(Adopted effective 07-01-19)

(a) [Policy] Absent a showing of good cause, it is the policy of the Court to order all funds disbursed to a minor be deposited into a blocked account. The fact that a parent is appointed as guardian of the estate is not ordinarily good cause for waiving this policy.

(b) [Receipt from Institution] When the Court orders funds to be deposited into a blocked account, the deposit must be acknowledged by Judicial Council form "Receipt and Acknowledgement of Order for the Deposit of Money Into Blocked Account" (MC-356). This form must be signed by an authorized signatory of the institution into which the funds were deposited. The Court will set a hearing to review the filed Receipt and Acknowledgement. Appearance may not be required at the review hearing if the Receipt has been filed.

(c) [Accounting for Blocked Accounts] If funds are maintained in a blocked account in a guardianship proceeding, the guardian is not excused from submitting a timely accounting. However, the Court may accept proof of continued deposits, such as submission of all original account statements during the period of accounting, instead of the statutory accounting schedules.

(d) [Support Obligation of Parents] Minor's funds may not be used for the ordinary expenses of supporting a minor where there is a parent living who has the obligation to support the minor pursuant to the Family Code. In all cases, Court approval must be obtained prior to the expenditure of funds for support of a minor.

(e) [Petition for Authority to Expend Funds for Support from Non-Blocked Account] If the minor's funds are not maintained in a blocked account and the order disbursing the funds does not otherwise authorize an expenditure, a Petition for Authority to Expend Funds for Support may be submitted.

(f) [Petition for Withdrawal of Funds from Blocked Account] If the funds are maintained in a blocked account, a Petition for Withdrawal of Funds from Blocked Account (Judicial Council MC-357) may be submitted. The petition must be calendared and should not be submitted ex parte. Petitioner must use attachments to supply the information described in the above paragraph that is not otherwise called for on the Judicial Council form.

(Adopted effective 07-01-19)

In cases involving a court investigation, a petition for approval of an account must state the amount of court investigator's assessments that have been paid and any amount due and owing. A receipt for payment must be filed, unless the fiduciary has obtained an order deferring or waiving payment of the assessment.

(Adopted effective 07-01-19)

(a) [Reporting Sufficiency of Bond in Accounting] Sufficiency of the bond must be addressed in all interim accountings. The calculation for the reasonable amount for cost of recovery to collect on the bond must be included in the report as provided in CRC 7.207. The petition must also contain an allegation as to the date the bond was last renewed and when the next premium is due.

(b) [Increase or Decrease of Bond] If required, upon filing the Inventory and Appraisal, the personal representative or the attorney for the estate shall apply to the court for an increase or reduction in the amount of the bond as required by California Rules of Court, rule 7.204.

(Adopted effective 07-01-19)

(a) [Scope of Rule] This rule applies to all original documents required to be submitted by a fiduciary under Probate Code section 2620 in support of an accounting, including financial account statements, closing escrow statements, and residential care facility or long-term care facility bills.

(b) [Electronic Original Documents] All original documents required to be submitted by Probate Code section 2620 that are available only as electronic documents shall be electronically filed as provided in Local Rule 1012.

(c) [Non-Electronic Original Documents] All original documents required to be submitted by Probate Code section 2620 that are non-electronic documents shall be filed electronically as copies as provided in Local Rule 1012 and also lodged in their form as original non-electronic documents pursuant to CRC 2.252(e).

(d) [Additional Submissions] The Court in its discretion may at any time additionally require:

(Adopted effective 07-01-19)

Where a closing balance reported in the "Property on Hand" schedule (at end of the accounting period) and/or an Inventory and Appraisal (for first accounting) does not agree with the balance reported in its corresponding financial statement, the account must include a schedule with a detailed reconciliation.

(Adopted effective 07-01-19)

It is the practice of this Court to enforce Probate Code time limitations for the filing of inventory and appraisals, accountings, petitions for distribution and other required acts by the issuance of orders to show cause re suspension of powers and for imposition of monetary sanctions, as against either or both the attorney and the personal representative.

(Adopted effective 07-01-19)

(a) [Notice of Petition] The petitioner or petitioner's attorney shall be responsible for publication of notice where required and where notice by mail is required to be given, petitioner or petitioner's attorney shall give the notice and file a proper proof of service. If there is no one entitled to notice, a statement to that effect shall appear on the proof of service of the Notice of Petition to Administer Estate (DE-121).

(b) [Submission of Duties of Personal Representative] If a bond is not required, the proposed personal representative shall submit the form (DE-147) prior to the hearing on the petition for appointment. If a bond is required, the proposed personal representative may submit the form (DE-147) prior to the hearing or with the bond after the hearing.

(c) [Submission of Letters of Personal Representative] If a bond is not required, the proposed personal representative shall take the prescribed oath of office and sign, date, and submit the Letters prior to the hearing on the petition for appointment. If a bond is required, the proposed personal representative may submit the executed Letters prior to the hearing or with the bond after the hearing.

(d) [Declination to Serve / Consent to Serve]

(e) [Will Submitted for Safekeeping] The original will must be submitted at the time of filing unless previously lodged with the Court for safekeeping. If the will was previously lodged for safekeeping, it is petitioner's responsibility to notify the clerk upon filing the petition for probate that the will was previously lodged.

(Adopted effective 07-01-19)

(a) [Allowance on Account of Fees] Allowances on account of statutory fees will be granted only in proportion to the actual work performed to date. See California Rules of Court, rule 7.701. In any event, the last 25% of the statutory fees will not ordinarily be allowed before the approval of the final account and decree of distribution.

(b) [Payment of Attorney Fees Where Estate Insufficient] If the estate lacks sufficient cash for payment of attorney fees, the court will generally allow and approve compensation but only award and order it paid to the extent that there is cash in the estate to do so. In such a situation, the beneficiaries may advance cash to the estate to pay the fees. The amounts advanced should be shown on the accounting and should not be included in the fee base for calculating ordinary fees.

(Adopted effective 07-01-19)

(a) [Description of Distributees] The Petition for Distribution must set forth in detail the precise manner in which the estate is to be distributed. A general allegation that the estate is to be distributed in accordance with the terms of the will is not sufficient. The petition must set forth the name of the distributee and a statement as to whether the distributee is a minor or adult.

(b) [Intestacy] Heirs who take by virtue of intestacy must be sufficiently described to permit the court to determine if the laws of intestate succession have been properly applied.

(c) [Minors] If the distributee is a minor, the manner in which the funds are to be distributed must be identified. Probate Code section 3413 governs the distribution of money belonging to a minor. If money belonging to the minor is to be distributed to a fiduciary (e.g., a probate guardian, a trustee or custodian), the fiduciary must be identified in the petition.

In addition, the following documents must be submitted under the appropriate circumstances:

(d) [Order for Distribution] Orders should be drawn so as to set forth the full plan of distribution. Orders may not contain distribution plans which refer to the petition or any other document.

(e) [Trustees] If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee. (f) [Distribution Pursuant to Agreement] If distribution is to be other than according to the terms of the will or the laws of intestate succession, there must be a written agreement on file and signed by all parties affected by the distribution.

(g) [Distribution to Deceased Heir or Beneficiary]

(h) [Distribution Pursuant to Assignment] When distribution is requested pursuant to an assignment by a distributee, the assignment must be filed in the proceeding. The court may require additional information, including consideration paid, to assure that the assignor fully comprehends the effect of the assignment, that it was voluntarily made, and was not grossly unreasonable.

(i) [Distribution Pursuant to Disclaimer] A copy of a disclaimer must be on file prior to the hearing on a petition for distribution of an affected asset. The proposed distribution must comply with Probate Code sections 282 and 21110 as well as any other sections that may apply.

(Adopted effective 07-01-19)

A petition under Probate Code section 11700 must set forth the specific determination which the petitioner believes the court should make and must provide for a complete disposition of the property of the estate.

(Adopted effective 07-01-19)

(a) If the basis for claim that property should pass or be confirmed to the surviving spouse is that the property is community or quasi-community property, then the following information must be included in the spousal property petition:

(b) If the claim is based on a document, a copy of the document must be attached to the petition and properly authenticated.

(Adopted effective 07-01-19)

It is the practice of this Court to enforce Probate Code time limitations for the filing of inventory and appraisals and other acts required during the first year up to an including accountings by the issuance of a Conservatorship Compliance Order concurrent with issuance of Letters. The Court reviews these cases regularly to ensure compliance.

(Adopted effective 07-01-19)

(a) [Schedule for Submission] At the time the Court appoints a conservator or guardian, and unless the Court dispenses with accountings, the Court will set a compliance date for the conservator or guardian to file his or her first accounting and report, which will typically be no later than 90 days after the first year anniversary of the appointment of the conservator or guardian. If the conservator or guardian has filed the accounting and all is in order, this will be a nonappearance matter. Each time the Court hears a subsequent accounting and report, it will set a compliance date for the next accounting and report, which will typically be every two years thereafter.

(b) [Allegation re Trust] At the time of each accounting, a verified summary or recapitulation showing the following shall be filed as a confidential statement:

(c) [Final Accounting]

(d) [Order Dispensing with Accounting]

(Adopted effective 07-01-19)

(a) [Appointment] If the Court determines that it is statutorily required or in the best interests of the proposed conservatee or conservatee, the Court shall appoint counsel for the conservatee from the list of attorneys qualified to accept such appointments maintained by the clerk, any other attorney appropriate for such appointment or the Public Defender's Office. Within forty-eight (48) hours of the appointment, the Court shall order a "meet and confer" for all counsel involved in the conservatorship proceeding, in person or by telephone. (b) [Role of Court Appointed Counsel] Attorneys who are appointed as counsel for conservatees pursuant to Probate Code sections 1470, 1471, or 2356.5 have the following ethical obligations:

(Adopted effective 07-01-19)

(a) [Attorney Fees]

(b) [Conservator Fees]

(c) [General]

(a) [Reports Accompanying Accountings] The report accompanying the guardian's accountings should contain a statement of the age, health, activity and whereabouts of the minor. Alternatively, the guardian may submit the Confidential Guardianship Status Report (Judicial Council form GC-251).

(b) [Separate Accounting for Each Minor] When a guardian of the estate is appointed for more than one minor, the guardian shall file a separate accounting for each minor. Separate accountings may be included in a single petition.

(c) [Investments by Guardian] The Court will not routinely grant the additional powers to the guardian pursuant to Probate Code sections 2590 and 2591. If a guardian wishes to invest or expend funds belonging to the minor, the guardian should petition the Court for authorization. If expenditures or investments are made by the guardian without prior authorization, such acts will not be considered for approval except on settlement of accounting. Except in rare and unusual cases, the Court will not approve investment in unsecured loans or loans to a near relative unless secured.

(d) [Final Accounting] A guardian's report will normally not be approved if accompanied by a Waiver of Accounting unless the minor is present in court and available to testify.

(a) [Venue] Every petition filed under Probate Code section 17200 et seq. shall contain facts necessary to determine the principal place of administration of the trust. In most instances, this requires an allegation of the city or unincorporated area in which the day-to-day activity of the trust is carried on.

(b) [Related Cases] All petitions filed under Probate Code section 17200 et seq. which relate to the same trust shall be filed under the same case number.

(c) [Supporting Documents]

(Adopted effective 07-01-19)

(Rule 1800 Repealed effective 07-01-09; adopted 07-01-98; amended effective 01-01-99)

In any Small Claims action, upon the request of the parties or in the Court's discretion, the Court may order the parties to participate in mediation or other alternative dispute resolution process.

(Amended 01-01-20; 07-01-09; adopted effective 07-01-98)

(Rule 1801 Repealed effective 01-01-20; amended 07-01-09; adopted effective 07-01-98)

A.    New misdemeanor and felony complaints received for in-custody arraignment shall be filed no later than 12:00 p.m. on the last day that the arraignment must be heard. Example: If the last day for arraignment is scheduled for a Thursday, the complaint must be filed by 12:00 p.m. that same day.

B.    New misdemeanor and felony complaints received for out-of-custody arraignment shall be filed no later than 4:00 p.m. two business days before the date of the arraignment. Example: If the arraignment is scheduled for a Friday, the complaint must be filed by 4:00 p.m. on the preceding Wednesday.

C.    Any exception to these rules must be approved by the Judicial Officer where the arraignment will be held. Any requests for late filings will be reviewed on a case-by-case basis. The Judicial Officer will have the discretion to approve or deny the request.

(Amended 01-01-2025)

The Santa Barbara County Probation Department, Pretrial Services Unit, has been designated by the court to prepare Pre-Trial reports in order to provide information and recommendations to the court about a defendant’s release from custody on one’s own recognizance, on supervised release, with the posting of an appropriate bail amount, a combination of financial and non-financial terms of release, or being held without bail.

(Amended 01-01-2025)

The presence of the defendant at arraignments and subsequent court appearances shall follow the procedures outlined in Penal Code § 977.  Requests to recall a warrant shall follow the same procedures as arraignments as stated in § 977.  For example, a defendant must be physically present to recall a felony warrant.  If necessary to obtain a defendant’s signature or to serve the defendant with an order, the court may require the defendant’s personal presence.

(Amended 01-01-2025)

Under special circumstances, the court may conduct an arraignment of a prisoner at the custody facility where the prisoner is confined. All hearings must be open to the public except those hearings authorized by law to be closed.

(Amended 07-01-09; adopted effective 07-01-98)

(Rule 2000 Repealed effective 07-01-09; adopted 07-01-98; previously amended 01-01-99)

The juvenile court presiding judge shall establish policies and procedures relating to all juvenile court actions consistent with California statutes, the CRC and these local rules.

(Amended 07-01-09; adopted 07-01-98, previously amended effective 01-01-99)

(a) [W&I Code Sec. 300 and 601 Minors] Minors taken into temporary custody as persons described by Welfare & Institutions (W&I) Code sections 300 or 601 shall be delivered to and detained at Santa Barbara County Department of Social Services shelter care homes for W&I Code section 300 cases and to a Santa Barbara County Probation Department designated non-secure detention facility for W&I Code section 601 cases, respectively.

(b) [W&I Code Sec. 602 Minors] Minors taken into temporary custody as persons described by the provisions of W&I Code section 602 shall be delivered to and initially detained at the Santa Barbara Juvenile Hall facilities located in the appropriate North County or South County region consistent with rule 201.

(Amended 07-01-09; adopted effective 07-01-98)

Minors taken into temporary custody shall be transported by the law enforcement agency which has taken the minor into custody; provided, however, that in an emergency or if a probation officer or a child protective services caseworker has volunteered to accept responsibility for transportation of the minor, the law enforcement agency shall be relieved of the transportation responsibility. The law enforcement agency shall be responsible to provide information sufficient to complete the Juvenile Admission Record prescribed in rule 2004.

(Amended 07-01-09; adopted effective 07-01-98)

When a minor described by W&I Code section 602 is delivered to any designated detention facility, a Santa Barbara County Probation Department Juvenile Admission Record form shall either accompany the minor or be completed at the time custody is transferred. The information to complete the form shall be provided by a law enforcement officer having knowledge of the facts subjecting the minor to Juvenile Court jurisdiction, the facts of the apprehension and temporary custody of the minor, and, if continued detention is recommended by the law enforcement agency, the basis of such recommendation. The form shall be left with the Juvenile Hall receiving officer or the operator of either the shelter care home or non-secure facility.

(Amended 07-01-09; adopted effective 07-01-98)

The Probation Department shall assign personnel on duty 24 hours a day, seven (7) days a week who are authorized to make the following release or detention decisions consistent with the criteria specified by W&I Code section 628.

(a) designate placement of minors alleged to be subject to W&I Code section 601 jurisdiction  minors at a non-secure detention facility in response to inquiries by law enforcement agencies;

(b) release minors taken into temporary custody to a parent, guardian or responsible relative.

(c) arrange placement in a non-secure facility for minors alleged to be subject to W&I Code section 602 jurisdiction who do not require 24-hour secure detention but are described in W&I Code section 628.

(d) release to a parent, guardian or responsible adult on “home supervision “or electronic monitoring under terms and conditions agreed to in writing by the minors those who are alleged to be subject to W&I Code section 602 jurisdiction, who do not require 24-hour secure detention and who are not described in W&I Code section 628; and,

(e) detain in a secure facility those minors alleged to be subject to W&I section 602 jurisdiction who are described in W&I Code section 628.

(Amended 07-01-09; adopted 07-01-98)

(a) [Filing Locations] All Juvenile petitions and intercounty transfers shall be filed with the Clerk at the appropriate North County and South County region juvenile court facilities.

(b) [Occurrence Jurisdiction] Petitions for both Santa Barbara County resident minors and for minors whose legal residence is outside the county shall be filed in the appropriate North County and South County region office of the Clerk where the circumstances alleged in the petition occurred.

(Amended 07-01-09; adopted effective 07-01-98; amended effective 01-01-03)

Social study reports, whether prepared by the Probation Department or the Social Services Department, shall be made available to the Juvenile Court, and all parties or counsel within a reasonable time prior to the date scheduled by the court for hearings. The reports shall be filed in the same manner as juvenile petitions.

(Amended 07-01-09; adopted effective 07-01-98)

In all juvenile court proceedings filed pursuant to W&I Code section 300 the appointment and substitution or relief of counsel for the parties shall be governed by CRC 5.660 and by these local rules.

(a) Competency of Appointed Counsel

(b) Review and Resolution of Complaints by Parties

Complaints by parties concerning the adequacy of representation by appointed counsel shall be referred to the court when informal discussion between counsel and the client does not resolve the complaint to the client’s satisfaction. All appointed counsel have the duty to bring unresolved complaints regarding representation to the attention of the judicial officer to whom a case is assigned. Counsel have the duty to tell parties dissatisfied with their representation of their right to bring the matter to the attention of the court. When necessary to protect the privacy of the complaining party or the  confidentiality of information protected by the attorney-client privilege, the court will examine the complaint of the party in camera, by procedures analogous to a hearing in criminal cases pursuant to People v. Marsden (1970) 2 Cal.3d 118.

(c) Procedures to Inform Court of Interests of Dependent Child

All counsel have a continuing duty to advise the court of any information bearing upon the best interests of a minor subject to dependency proceedings that is not privileged under applicable law. However, counsel have no duty under this rule to disclose information adverse to the interest of counsel’s client, where such disclosure would violate a privilege or the Rules of Professional Conduct.

(Amended 07-01-09; adopted effective 07-01-99)

(a) [Adoption and Oversight of CASA Program] The court designates CASA of Santa Barbara to recruit, screen, select, train, supervise , and support lay volunteers for appointment by the court to help define the best interests of the child in juvenile court dependency and wardship proceedings.  CASA of Santa Barbara shall comply with CRC 5.655.

(b) [CASA Reports; Distribution] Court-appointed CASA volunteers shall submit a written court report for all hearings, for filing with the court no later than two court days prior to a hearing. Copies shall be served on attorneys for the parties and the child welfare case worker or probation officer, as appropriate.

No copies of CASA reports will be distributed to foster parents, group homes, or any other parties or organizations not specifically provided herein except as may be required by California statutes, the CRC, these local rules or upon order of a Judge of the Juvenile Court.

(Amended 07-01-09; adopted effective 07-01-03)

(a) Settlement Conference

The court will set a pretrial (readiness and settlement) conference for every contested action. Cases will not ordinarily be scheduled for a contested hearing until all parties who have appeared in the action have been served with the report and recommendation of the petitioner.

(b) Discovery

(Adopted 07-01-09; formerly subsection (a) of rule 2009, adopted effective 07-01-98)

(Rule 2100 Repealed 07-01-09; adopted effective 07-01-90; amended effective 01-01-09)

The Clerk's Office of the Santa Barbara County Superior Court, Traffic Division shall be responsible for processing all adult and juvenile traffic infractions and non-traffic infractions. No misdemeanors shall be filed in the Traffic Division.

(Adopted effective 01-01-16)

Regular court sessions for citations and complaints filed in the Traffic Division for both adult and juvenile matters shall be scheduled as required by the Presiding Judge and published by the Court Executive Officer.

(Adopted effective 01-01-16)

The Clerk is authorized to process bail forfeitures, proofs of correction, initial and discretionary continuances, traffic school referrals and other ministerial or discretionary matters to the extent permitted by law. [CRC 4.104 Vehicle Code section 41501 and 42005].

(Adopted effective 01-01-16)

The Clerk has authority to grant extensions of court appearances for infractions, including mechanical defects charges, for not more than thirty (30) calendar days after the date noted on the citation for the first scheduled appearance and the discretion to grant a second extension of not more than thirty (30) calendar days.

(Adopted effective 01-01-16)

All persons released on their promise to appear in infraction cases by a law enforcement agency shall be required to appear for arraignment in court between twenty-one (21) and forty five (45) calendar days after issuance of the notice to appear.

(Amended01-01-16; 07-01-09; adopted effective 07-01-98)

Except for offenses mandating a court appearance, a defendant may waive the right to be arraigned on the violation and enter a plea of not guilty at the counter or by telephone or over the internet using the Court's automated systems. The Clerk will assign a trial date within the statutory time requirements of Penal Code §1382, unless the defendant waives that right on the form provided by the Clerk.

(Adopted effective 01-01-16)

All persons released on bail by a law enforcement agency in a misdemeanor traffic action shall be required to appear in the traffic court not more than thirty (30) calendar days after the acceptance of bail.

(Adopted effective 01-01-16)

(Repealed 01-01-16; Amended 07-01-09; adopted effective 07-01-98)

Successful completion of a certified traffic school program is permitted as a method of disposition and dismissal of specified traffic infractions consistent with directions provided by the Clerk.  Upon posting bail and paying an additional administrative fee, the Clerk may authorize traffic school attendance without further approval of a judicial officer. [Vehicle Code section 42007]

(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)

A defendant may elect a trial by written declaration on an alleged violation of a Vehicle Code infraction or any local ordinance adopted pursuant to Vehicle Code section 40902.

(Amended 07-01-09; adopted effective 07-01-98)

Following review, the reviewing judicial officer shall determine whether good cause exists and may grant specific relief. The judicial officer shall make such findings and issue such orders as are appropriate to address requests for relief. The Clerk's Office shall communicate such judicial orders to the defendant in writing within 30 days from the date the request was received by the Court.

(Adopted effective 01-01-16)

APPENDIX 2: SPECIAL LOCAL COURT FORMS

APPENDIX 3: SUPERIOR COURT SERVICES, FILING FEES & CHARGES

APPENDIX 4:APPROVED COURT SERVICE VENDOR RATE & FEE SCHEDULE (For Non-Employee, Professional and Specialized Personal Services TO the Courts)

Click here for Guidelines for Attorneys

This is a statement of the legal practice guidelines of the Santa Barbara County Superior Court, adopted in conjunction with the Santa Barbara County Bar Association; which guidelines are applicable to all proceedings pending before the Courts of Santa Barbara County.