Proposed Local Rules / Forms
Proposed Local Court Forms and Rules
The following local form amendments are proposed for adoption January 1, 2024.
Questions or comments regarding these proposed rules and forms should be directed by November 16, 2023 to: localrulescomments@sbcourts.org.
PROPOSED LOCAL COURT FORMS AND RULES:
- The Criminal Rules Committee recommends the revision of local court form SC-3085 and the adoption of three new forms: SC-3620; SC-3621; and SC-3622:
The Civil Rules Committee recommends that the following local rules be adopted/ amended:
1. Local Rule 1005 be amended to update telephone appearances to remote appearances, so as to read as follows:
1005 REMOTE APPEARANCES
(a) (1) Counsel or self-represented parties may appear by remote means (including Zoom) as permitted by Code of Civil Procedure section 367.75, and California Rules of Court, rules 3.670 and 3.672.
(2) Those appearing by remote means must be at the appearance at least five minutes prior to the time set for the hearing.
(3) Persons intending to make regular remote appearances are encouraged to provide notice of intent to appear remotely for the duration of the case as provided in California Rules of Court, rule 3.672.
(b) Remote appearances are provided through a private vendor under agreement with the Court. Those wishing to appear by remote means must comply with Code of Civil Procedure section 367.75, and California Rules of Court, rules 3.670 or 3.672. Contact information for the remote conference vendor is available on the Court’s website: santabarbara.courts.ca.gov
2. Local Rule 1012, subdivision (a)(2)(vi) be amended to update e-filing exception for original documents, so as to read as follows:
1012 E-FILING
(a) Scope.
[¶] … [¶]
(2) Exceptions to Mandatory E-Filing. The following documents are not subject to mandatory e-filing under subdivision (a)(1):
[¶] … [¶]
(vi) Documents for which ‘originals’ are required by statute or otherwise, including, where appropriate, bench warrants, subpoenaed documents, affidavits re real property of small value, bonds, undertakings, documents supporting a court accounting submitted by a guardian or conservator, letters (probate, guardianship, conservatorship), and wills and codicils (for filing or safekeeping).
3. New Local Rule 1426 be adopted (rule required by California Rules of Court) as follows:
1426 COMPLAINTS REGARDING MINOR’S COUNSEL
Complaints regarding the conduct and procedures employed by counsel appointed for a child pursuant to Family Code section 3150 et seq. will be handled by the judicial officer to whom the case is assigned. Pursuant to noticed motion, application, or order to show cause, the judicial officer must determine what action should be taken, if any. This rule is not intended to limit or qualify any complaint procedure or remedy otherwise available by law.
4. New Local Rule 1427 be adopted (rule required by California Rules of Court) as follows:
1427 DECLARATIONS AND REPORTS OF PROVIDERS OF SUPERVISED VISITATION
(a) This rule is intended to implement California Standards of Judicial Administration, standard 5.20. The requirements and definitions of standard 5.20 are adopted and apply to the provision of supervised visitation service as ordered or permitted by the court and by this rule. Judicial Council forms required by this rule shall be the most recent adopted form or successor to such form.
(b) Supervised Visitation Provider Required Filings
(1) [Professional Providers] Prior to providing services, a professional supervised visitation provider shall file a completed and signed Judicial Council form FL-324(P).
(2) [Professional Providers] Each time a professional supervised visitation provider files a report with the court, the provider shall file a separate, updated, completed, and signed Judicial Council form FL-324(P) as the cover page for such report.
(3) [Nonprofessional Providers] Prior to providing services, a nonprofessional supervised visitation provider shall file a completed and signed Judicial Council form FL-324(NP).
(c) Filing and Maintaining Forms and Reports
Forms and reports required by this rule shall include the case name and case number of the case in which the services are being provided. Forms and reports shall be filed with the court and maintained in that case file.
5. Local Rule 402, Appendix II, Category 3 be amended with a non-substantive clarification (last sentence), so as to read as follows:
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. The requirements of this category are met by filing a completed CFPPC form 700 (or its successor form) identifying no reportable interests (for no reportable disqualification) or identifying reportable interests on the applicable form 700 schedule with additional required information as “comments”; no separate declaration is needed; this sentence is declaratory of existing law and practice, and is not intended to make any substantive change.
6. Local form SC-6028 be amended on page 6 to correct typographic errors, so as to replace in paragraph 25(d), “Attachment 23(d)” with “Attachment 25(d)” and to replace in paragraph 25(e), “Attachment 23(e)” with “Attachment 25(e)”.