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Trial
Court Organization And Locations
Chapter One -
COURT RULES ADMINISTRATION -
100 AUTHORITY
These local Trial Court Rules are adopted pursuant to the authority contained
in Government Code Sections 68070, et seq, Code of Civil Procedure Section
575.1, and Rules 981 and 991 of the California Rules of Court.
(Adopted, eff. 07-01-98)
101 AMENDMENTS TO TRIAL COURT RULES
These Unified Superior Court 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.
(Adopted 07-01-98. As amended, eff. 01-01-99)
102 SANCTIONS FOR FAILURE TO COMPLY WITH COURT
RULES
Sanctions may be imposed upon any person who fails to comply with any
local rule or order of the court, other than a prior order to pay sanctions,
or fails to submit any form or report required by the court, or fails
to appear at any case management conference or any other scheduled event
or court-ordered arbitration.
Sanctions may include, but are not limited to, payment of monetary
sanctions to the court, payment of the opposing party’s reasonable
expenses and attorney’s fees, striking part or all of any pleading
of that party, entry of a party’s default, dismissal of part or
all of the action and/or imposition of other penalties as provided by
statute, the California Rules of Court or other law.
No penalty may be imposed under this section without prior notice to,
and an opportunity to be heard by, the party against whom the penalty
is sought to be imposed.
If a failure to comply with these rules is the responsibility of counsel
and not of the party, any penalty shall be imposed on counsel.
(Adopted 07-01-98. As amended, eff. 07-01-03)
Chapter Two -
COURT JURISDICTION & VENUE -
200 COURT DIVISIONS & GEOGRAPHIC JURISDICTION
The geographic jurisdiction of the Divisions that comprise the Santa
Barbara County Superior Court, are as specified by the California Constitution,
by Government Code Section 74640, et seq., by ordinances of the Board
of Supervisors of Santa Barbara County, and by these Rules.
(Adopted 07-01-98. As amended, eff. 01-01-99)
201
DIVISION OF COUNTY: NORTH & SOUTH GEOGRAPHIC
JURISDICTION
For the purpose of these rules, it shall be hypothetically assumed
that Santa Barbara County has been geographically divided into two separate
counties hereinafter referred to as ''South County'' and ''North County.''
''South County'' is geographically described as the portion of Santa
Barbara County lying southerly and easterly of the following described
line:
“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.”
"North County" is geographically described as the remainder
of Santa Barbara County, and sessions of the Superior Court held in “North
County”, shall comprise the “North County” Divisions
of the Court. Sessions of the Superior Court held in “South County,” shall
comprise the “South County” Divisions of the Court.
This geographic division of Santa Barbara County for Superior Court
jurisdiction, is coterminous with the jurisdictional boundaries dividing
the former Santa Barbara Municipal Court District and the former North
Santa Barbara County Municipal Court District. For further reference,
see the map depicting this geographic division, in “Appendix 1” of
these Rules.
(Adopted 07-01-98. As amended, eff. 01-01-99)
202 COURT VENUE: PLACE OF ORIGINAL FILING
When, under venue laws of this State, "North County" would
be a 'proper county' for venue, hypothetically assuming it were a separate
county, all filings for such matters shall be in the Court Clerk’s
office in the appropriate North County Division. All other filings shall
be made in the Court Clerk's office in the appropriate South County
Division.
Any filing erroneously made in any Division of the Court, may, upon
motion of any party or upon the court's motion, be transferred to the
appropriate Division of the Court. The court may order an intra-division
transfer upon any good cause shown.
Notwithstanding other filing venue provisions of these Rules, any filing
made by the District Attorney, Family Support Division, pursuant to
Family Code Section 4800 et seq., under the Uniform Reciprocal Enforcement
of Support Act (URESA), may be made in the Court’s, North County,
Cook Division. Upon the request of a Respondent who resides in the South
County, the case may be transferred to the appropriate South County
Division.
(Adopted 07-01-98. As amended, eff. 01-01-99)
203 FILING AT ANY TRIAL COURT LOCATION; PLACE
OF HEARING
The proper venue for filing of Court documents will ordinarily, but
not necessarily, determine the Court location where any matter is heard.
Notwithstanding the proper filing venue, and subject to procedures to
be established by the Courts, any document to be filed for consideration
by any Division of the Court, may be deposited with the Clerk of Court
in any other Court Division; providing that the document is legally
acceptable for filing and that, in addition to any other requirements
for document captioning, the first page of the document clearly and
prominently displays the name of the proper Court filing venue location.
Documents deposited in Court Divisions other than the proper filing
venue, are accepted only for the purpose of subsequent filing by the
Clerk in the Court Division of the proper venue, and will bear a filing
date one-day later than the date deposited. For purposes of this Rule,
the date of deposit of mailed or faxed documents is the date of receipt
by the Clerk.
(Adopted 07-01-98. As amended, eff. 01-01-99)
204 SANTA MARIA SESSION OF THE COURT
Pursuant to the provisions of Government Code Section 69746, a session
of the Superior Court of the State of California for the County of Santa
Barbara shall be held in the city of Santa Maria.
(Adopted 07-01-98. As amended, eff. 01-01-99)
Chapter Three - COURT
ORGANIZATION & MANAGEMENT-
300 MEETINGS OF THE JUDGES
Regular, meetings of the judges of the Santa Barbara County Superior
Court shall be called periodically by the Presiding Judge, or by the Acting
or Assistant Presiding Judge. Special meetings of the judges may be called
by the Presiding Judge, the Acting or Assistant Presiding Judge, or by
a majority vote of the judges of the Court. Meetings of the judges of
any Division of the Court may be called by the Presiding Judge, the Acting
or Assistant Presiding Judge, or by any two judges of Division.
(Adopted 07-01-98. As amended, eff. 01-01-99)
301 PRESIDING JUDGE; ASSISTANT PRESIDING JUDGE
The Presiding Judge and one Assistant Presiding Judge of the Superior Court
shall be elected by secret ballot majority vote of all judges of the Court, and
shall serve in opposite, North or South County, geographic regions of the Court,
respectively. 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 of office,
the Assistant Presiding Judge shall be deemed elected as Presiding Judge for
a full succeeding two-year term, and a new Assistant Presiding Judge shall be
elected as provided herein.
(Adopted, eff. 01-20-05)
302 JUDICIAL VACATION AND PERSONAL LEAVE DAYS
(a) VACATION. Judicial vacation days and use are authorized consistent with California Rules of Court, rule 10.603(c)(2). A judge’s vacation day is defined as follows:
A day of vacation for a judge is an approved absence from the court for one full business day. A request for vacation time or other absences from the court shall be submitted to the Presiding Judge or his/her designee with reasonable advance notice. Absences from the court to attend an authorized education program, conference, or workshop for judges, 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 his/her designee.
(b) PERSONAL LEAVE. Judicial personal leave days and use are authorized consistent with California Rules of Court, rule 10.603(c)(2)(D). A judge may take two personal leave days per year at anytime that is approved by the Presiding Judge or his/her designee.
(Adopted effective 07-01-08)
303 RESERVED
304 COURT EXECUTIVE OFFICER
The judges of the Court may appoint a Trial Courts Executive Officer,
who shall also serve as Clerk of the Superior Court and as Jury Commissioner,
and who shall continue to serve at the pleasure of the judges of the
Court, a majority concurring. The duties of such office shall be as
set forth in California statutes and Rules of Court.
(Adopted 07-01-98. As amended, eff. 01-01-99)
305 COUNTY CLERK RELIEVED AS CLERK OF SUPERIOR
COURT
The Trial Courts Executive Officer having been appointed to perform
all functions, and to exercise all powers, duties
and responsibilities of the Clerk of the Superior Court, the County Clerk
is therefor and
hereby relieved of all such powers, duties and
responsibilities, and of any obligation imposed on him by law regarding
them. In any instance
where California statutes, California Rules of
Court or these Rules make reference to the Clerk of Superior Court, the
Clerk of Court, or
to the County Clerk in his capacity as Clerk of
Court, this shall mean the Trial Courts Executive Officer, as appointed
by the judges of the
Court, a majority concurring, acting in the capacity
of Clerk of the Court. (Adopted 07-01-98. As amended, eff. 01-01-99)
Chapter Four
- COURT OFFICERS & PERSONNEL -
400 STATUS OF COURT EMPLOYEES; COURT AND COUNTY
RULES
As provided by the California Rules of Court, and by the Standards
of Judicial Administration, the Trial Courts Executive Officer shall prepare
and submit to the judges of the Court for approval, the Unified Superior
Court Personnel Rules or Personnel Plan. The Court Personnel Rules or
Plan, when adopted by the judges, a majority concurring, shall apply to
all Court employees, and the judges of the Courts shall follow such Rules
or Plan in all dealings with Court employees, as provided by the California
Rules of Court.
The provisions of all personnel rules, policies and
practices of the County of Santa Barbara, shall apply
to all Trial Court employees, as though they were
Santa Barbara County employees, except where inconsistent
with California statutes, California Rules of Court,
or with the Rules, Personnel Rules or Plan(s) of
this Court, in which event the latter shall be controlling.
All Court personnel classifications and positions
and, except as may be provided by applicable statute,
by these Rules, by the Court Personnel Rules or
Plan, or by any Memorandum of Understanding or
other written agreement approved by the Court,
all Court employees shall be exempt from the Santa
Barbara County Civil Service System. Personnel
administration for Court employees shall be governed
entirely by these Rules and by the Court Personnel
Rules or Plan, as well as by any applicable Federal
or State statutes.
In any instance where the County Personnel Rules,
Policies or Procedures make reference to any process
of approval or review of administrative decisions
regarding personnel matters, by the County Civil
Service Commission, the County Board of Supervisors
or the County Executive Officer, this authority
is, instead, expressly vested in the judges of
the Court, a majority concurring; except as to
the establishment of the number of positions, salary
ranges or other economic employee benefits for
Court-approved employee classifications, to the
extent that such authority may be legally vested
in the County Board of Supervisors or other authority.
(Adopted 07-01-98. As amended, eff. 01-01-99)
401 PERSONNEL AND LABOR RELATIONS SERVICES
(a) [Meet and Confer] All process of meet and confer and negotiation
between any Court employees who may be represented by officially recognized
employee organizations, their designated representatives, and the Courts
and County shall be conducted by the Court or by the Court and County,
jointly, with Court-appointed labor relations representatives actively
participating as to both economic and non-economic issues. Such process
shall include Court participation in all related posture and strategy
planning meetings, and with regular briefings of, and solicitation of
recommendations from Court management personnel.
(b) [Ratification of Agreements] Except as may be otherwise provided
by California statute, Rules of Court or agreement between the Court
and the County or State, and in addition to any other approval required,
presentation of any subsequent labor agreements for ratification, as
to both economic and non-economic issues, shall be made to the judges
of the Court, for their approval, a majority concurring.
(Adopted 07-01-98. As amended, eff. 01-01-99)
402 COMPLAINTS AGAINST SUBORDINATE JUDICIAL OFFICERS
(a) [Applicability] This rule applies to all subordinate judicial officers
serving in the Court, as that term is defined by the California Judicial
Council in Rule 6.655 of the California Rules of Court.
(b) [Submission and Content] Complaints against subordinate
judicial officers must be in writing, and must be submitted
to the Presiding Judge of the Court. To be considered a complaint, the writing
must contain the name, mailing address and telephone number of the complainant,
and the name of the subordinate judicial officer against whom the complaint is
made. The complaint must also state whether the complaint is about the content
or resulting effect of a decision or ruling, or the exercise of judicial or administrative
discretion by the subordinate judicial officer; or whether the complaint is about
other actions or conduct of the officer.
The complaint must include a statement of the specific action or conduct by
the subordinate judicial officer that is the reason for the complaint, and the
approximate date that the action was taken or conduct occurred. If the complainant
desires 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.
(c) [Closing Complaints After Preliminary Review] If a complaint
against a subordinate judicial officer addresses the content
or effect of a ruling of that officer, or if the complaint addresses the exercise
of judicial or administrative discretion of the officer, the Presiding Judge
will close the complaint after preliminary review, and will notify the complainant
and the subordinate judicial officer of that decision, as provided by Rule 6.655(h)
of the California Rules of Court.
(d) [Applicability of Rule 6.655, CRC] The Court hereby adopts
the provisions of rule 6.655 of the California Rules of Court,
as supplemented by this Rule, for all complaints against subordinate judicial
officers in this Court.
(Adopted, eff. 01-20-05)
403 COURT EMPLOYMENT CONFLICT OF INTEREST CODE
(a) [Adoption of Code] The Santa Barbara County Superior Court
hereby adopts this Conflict of Interest Code, as provided by Article 3, commencing
with Section 87300, of the California Government Code; which hereby incorporates,
by reference, Title II Section 18730 of the California Code of Regulations, and
any subsequent amendments thereto.
(b) [Code Reviewing Body] The Presiding Judge of the Court,
or the Presiding Judge’s designee(s), shall act as the Code Reviewing Body
for this Conflict of Interest Code.
(c) [Place of Filing; Filing Officer] The Trial Courts Executive
Officer and Clerk of the Court is designated as the Filing Officer for all Statements
of Economic Interests filed under this Rule.
(d) [Forms and Filing of Statements] The California Fair Political
Practices Commission will supply the Court with the required
Statement of Economic Interests forms required by this Rule, the Court’s
personnel staff will distribute the forms to those persons required to file,
and the designated employees, contractors and consultants are responsible for
completing and filing their own forms (1) on assuming employment in a designated
classification (2) on terminating employment in a designated classification,
and (3) annually, while so classified.
(e) [Code Appendices: I. Designated Classifications; II Disclosure
Categories] The Superior Court of Santa Barbara County hereby adopts
the following appendices to the Standard Code:
(Adopted as Rule 402, eff. 07-01-98, As amended, eff. 01-01-99; Renumbered, eff. 01-20-05)
APPENDIX
I
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:
| CLASSIFICATION |
DISCLOSURE
CATEGORY |
| Traffic Referee |
1, 2 |
| Trial Courts Executive Officer |
1, 2 |
| Legal Research Attorneys |
3 |
| Family Custody Mediators & Supervisors |
1, 2 |
| Consultants |
1, 2 |
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. 01-01-99)
Chapter Five - COURT
BUDGETS, FINANCE & FISCAL SERVICES -
500 COURT SERVICES, FILING FEES AND CHARGES
The Trial Courts Executive Officer shall recommend, prepare for approval
by the Judges of the Court, and publish and maintain for public inspection,
a schedule of all fees charged by the Court and by the Clerk of Court,
to Court litigants and to the general public for filing of documents and
other Court services. Upon adoption by the judges, the approved Schedule
of Trial Court Services, Filing Fees and Charges, and all instructions
or information contained therein, shall have the full force and effect
of a Rule of the Court, except as may otherwise be prescribed by statute,
California Rule of Court, or otherwise by these rules.
(Adopted 07-01-98. As amended, eff. 01-01-99)
501 COURT FEES, SERVICE CHARGES, FINES AND BAIL;
PAYMENT METHOD
(a) Personal Checks, Bank Cashier’s Checks, Drafts or Money Orders
will be accepted by the Santa Barbara County Superior Court in payment
of any fee, service charge, fine or bail deposit if tendered in the
appropriate manner and amount as defined in the Cash Handling Section
of the Trial Court Financial Policies and Procedures Manual (Procedure
No. FIN 10.02, Section 6.3.3).
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.
(b) Credit Cards (MasterCard, Visa or Discover) will be accepted by
the Santa Barbara County Superior Court in payment of any fee, service
charge, fine or bail deposit if tendered in the appropriate manner and
amount as defined in the Cash Handling Section of the Trial Court Financial
Policies and Procedures Manual (Procedure No. FIN 10.02, Section 6.3.4).
(Adopted 07-01-98. As amended, eff. 01-01-02)
502 COURT FINE PAYMENTS; FINANCIAL PAYMENT PLANS
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 set up a Court
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 Court
Clerk’s office in the Court 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.
503 COURT COLLECTIONS CONTRACTING
The Santa Barbara County Superior Court has entered into a contract
or contracts with a private debt collections firm or firms, for the
purpose of collecting certain delinquent accounts where court defendants
and others have failed to pay fines and other court charges, or have
failed to make required court appearances. Court accounts may be referred
for collection under such contracts as may be determined appropriate
by the judges of the Court Division where the debt is pending, and collections
will be made and remitted to the Court, pursuant to the terms of the
contract(s).
(Adopted 07-01-98. As amended, eff. 01-01-99)
504 INTEREST ON COURT TRUST FUNDS
In accordance with Section 53647(b) of the California Government
Code, and to the extent not otherwise specifically provided by California
statute or Rule of Court, or specific Rule or formal
order of the Court;
all interest earned on Court funds, and on funds
deposited by the Court in fiduciary trust for other persons or entities,
shall be promptly
paid into the fund which contains the principal
on which the interest accrued.
(Adopted 07-01-98. As amended, eff. 01-01-99)
Chapter
Six - COURT FACILITIES; ACCESS & SECURITY
-
600 COUNTY SHERIFF AS COURT SECURITY OFFICER
The Sheriff of Santa Barbara County is hereby designated
Court Security Officer for the Santa Barbara County
Superior Court. The Court Security Officer shall be responsible for all
court security, both
within and about the perimeter of all Court facilities,
and shall perform in compliance with court security standards established
by the California
Judicial Council (Ref. Section 7, Standards of judicial
administration, California Rules of Court).
(Adopted 07-01-98. As amended, eff. 01-01-99)
601 COURT SECURITY PLAN
The Court Security Officer shall prepare, periodically
review and revise, a Court Security Plan, for consideration and approval
by the judges
of the Superior Court, a majority concurring. The
Court Security Officer shall prepare the Court Security Plan in accordance
with the standards
set forth in Standard 7(b) of the Standards of
Judicial Administration, California Rules of Court, and shall periodically
assess and report
to the judges regarding the effectiveness of the
execution of the Plan.
(Adopted 07-01-98. As amended, eff. 01-01-99)
602 COURTROOM BAILIFF SERVICES; JUDICIAL DIRECTION
The Court Security Plan shall include, and the Court Security
Officer shall provide, a bailiff for each department of the Court where
a judicial
officer is presiding, and for such other Court
proceedings as the Presiding Judge may direct. 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 Court Security Officer.
(Adopted 07-01-98. As amended, eff. 01-01-99)
603 PUBLIC ACCESS TO COURTROOMS; COURT CONTROL
The Court is required to 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
purpose of this Rule is to 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.
On occasion, the media and public interest in court proceedings is so great
as to produce dangerous and disruptive conditions of noise and crowding in
and around court facilities, such as to impede access to the courts and to
impair the ability of the courts to discharge their functions. In consideration
of this threat to appropriate public access to the Court, 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 Court Security
Officer is empowered to enforce such Court orders, and also to implement the
intent of this Rule, generally, as consistent with the Court Security 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 California Rules of Court, 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,
Acting 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.
(Adopted 07-01-98. As amended, eff. 01-01-99)
604 OPEN COURT PROCEEDINGS, EXCEPTIONS; MOTIONS
FOR CLOSURE
Proceedings of the Superior Court are, generally, public proceedings,
but certain exceptions are provided by California Statutes and State
Court Rules, and may be further specified by order of Court. Juvenile
and certain other proceedings are closed to the public, and the Court
may specify closed proceedings and limitations on attendance of witnesses
and others, as permitted by law. Closed court proceedings will, ordinarily,
be noticed in the form of a “Courtroom Closed” or other
appropriate sign posted on the door of the courtroom where such proceedings
are heard.
When an order of the court is sought for closure of any open proceeding
or for opening of any closed proceeding, the party seeking such order
shall file written notice of motion for opening or closure of the proceeding
at least two (2) Court days prior to the subject hearing. The motion
shall be scheduled to be heard at least one day prior to the subject
hearing. Motions for closure of hearings calendared on short notice,
such as arraignments or OR/BR proceedings, may be heard on shorter notice
at the discretion of the court.
(Adopted 07-01-98. As amended, eff. 01-01-99)
605 REQUESTS FOR MEDIA COVERAGE
As provided by the California Rules of Court, film or electronic media
coverage of court proceedings is allowed only on written order of the
court. Requests for such coverage should be filed with the Calendar
Coordinator or Clerk of each Court Division where the matter is to be
heard, at least four days prior to the scheduled hearing. The Calendar
Coordinator or Clerk shall promptly inform all parties to the action,
of the request. No order for electronic media coverage shall be made
in a criminal case until the defendant has had adequate opportunity
to secure counsel.
(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)
Chapter Seven
- COURT-SUPERVISED LEGAL & PROFESSIONAL SERVICES & FEES
-
700 COURT SERVICE VENDOR RATE & FEE SCHEDULE
(a) [Services to the Courts] The fees payable by the Court to non-
employee, Court-appointed, experts and specialist service providers
to the Court, including but not limited to: medical, psychiatric or
psychological examiners and diagnosticians, expert witnesses, legal
counsel, investigators, receivers, appraisers and other economic experts,
verbatim reporters, language interpreters and translators, jurors and
witnesses, where not otherwise specifically prescribed by statute, California
Rule of Court, by the rules of these Trial Courts, or by a written contract
approved by the Courts for such services, shall be as established by
the Court-approved Trial Courts Service Vendor Rate & Fee Schedule.
(b) [Trial Court Service Vendor Rate & Fee Schedule] The Trial
Courts Executive Officer shall periodically survey rates and fees paid
for such services in the County, and by other Courts in neighboring
counties. With consideration for maintenance of effective services to
the Courts, and for the necessity to minimize the costs of government
services, the Executive Officer shall recommend and prepare for approval
by the judges of the Court, and shall publish and maintain for public
inspection, a schedule of approved rates and fees for such specialized
services. Upon adoption by the judges of the Court, the approved Court
Service Vendor Rate & Fee Schedule, and all instructions and information
contained therein, shall have the full force and effect of a Rule of
the Courts, except as may otherwise be prescribed by statute, California
Rule of Court, or otherwise by these Rules.
(c) [Fee Exceptions By Order] Where the fees to be charged for any
expert, professional or specialized service are neither provided by
statute, rule, Court contract, or by the Trial Courts Service Vendor
Rate & Fee Schedule, or are inconsistent with the service rates
specified by the Rate & Fee Schedule, such fees shall be prescribed
by written order or minute order of the appointing judge in each case.
Such Special Fee Approval Order shall be made prior to the providing
of such service, upon motion or application by counsel, party In Pro
Per or by the prospective service provider, or upon the Court's own
motion.
(d) [Fee Payment Responsibilities] Where fees and expenses for appointed
expert, professional and specialized services are prescribed by statute
or Court rule as charges against the Court or County, they shall be
paid from the budgets of the Court only where such statute or rule specifically
prescribes this; or where the statute or rule requires that the Court
make the appointment, without discretion or motion of the parties; or
where the Court has made the appointment on its own motion. Such fees
and expenses shall otherwise be paid from the budget of the prosecution
or defense agency or department requesting or moving for the appointment
by the Court.
(Adopted 07-01-98. As amended, eff. 01-01-99)
701 SERVICES OF JURORS, INTERPRETERS AND
REPORTERS
(a) [Advance Notice of Service Requirements] In addition to any and
all requirements of California statutes and Rules of Court for such
services, parties or counsel who anticipate any requirement for the
services of trial jurors, language interpreters or verbatim reporting
for any trial court proceeding, are required to notify the Court in
advance of the need for such service, except in those Criminal and Juvenile
cases where the service is required by statute without election by the
parties, and is customarily provided by the Courts.
(b) [Filing of Written Notice] The request for these services shall
be made in writing to the Calendar Clerk or Coordinator in the Court
Division where the case is pending, with a copy to the Court case file,
and shall include the specific language required for any necessary language
interpreting. Such request shall be filed as soon as the need for such
service has been anticipated, within any time period specified by statute,
and where not specified by statute, in any event not later than forty-eight
hours prior to commencement of the hearing or trial for which the service
is required.
(c) [Fee Deposit Requirements, Forfeiture; Civil Cases] In Civil cases,
parties shall make any deposit required for these services, in the amounts
specified by the Trial Courts Service Vendor Rate & Fee Schedule
which appears in the Appendix to these Rules. Except as may otherwise
be provided by statute or the California Rules of Court, failure to
deposit the required fees for such service may constitute a waiver of
the request or requirement for the service; and failure to notify the
Court of any subsequent change in such need, by not later than 3:00
P.M. on the Court day prior to the hearing or trial for which the service
has been requested, may result in forfeiture of any or all of the service
deposit(s). Disposition of jury fees after waiver of a jury, or after
the action is settled, dismissed or a continuance granted, will be in
accordance with CCP 631.3.
(d) [Official Reporting Services -- Court Policy pursuant to
CRC 890 and 891] It is the policy of the Superior Court that all courtrooms
normally have official reporting services available for civil trials.
This does not relieve the requesting party from the obligation of paying
for official reporting services pursuant to GC 68086. In limited jurisdiction
cases “official reporting services” also include electronic
recording equipment operated by the court to make the verbatim record
of the proceedings.
If it appears that official reporting services will not be available
in a courtroom, the clerk shall notify the parties to a civil trial
as soon as possible before trial. If official reporting services will
not be available during a hearing on law and motion or other non-trial
matters in civil cases, that fact shall be noted on the court’s
official calendar.
If official reporting services are not available for a hearing or trial
in a civil case, a party may arrange for the presence of a certified
shorthand reporter to serve as an official pro tempore reporter. It
is that party’s responsibility to pay the reporter’s fee
for attendance at the proceedings, but the expense
may be recoverable as part of the costs, as provided by law.
If a party arranges and pays for the attendance of a certified shorthand
reporter at a hearing in a civil case because of the unavailability
of official reporting
services, none of the parties shall be charged the fee for official reporting
services provided for in Rule 701(c).
(Adopted 07-01-98. As amended, eff. 07-01-99, As amended, eff. 01-01-03)
702 COURT DISCRETION RE FEES
The allowance of fees in excess of those provided in the Trial Court
Service Vendor Rate & Fee Schedule, for appointed counsel, diagnosticians,
or other Court service providers, is subject to the discretion of the
court in individual cases, upon proper and sufficient showing by the
claimant of the necessity or justification thereof, except as may otherwise
be specifically provided by statute. (Adopted, eff. 07-01-98)
703 COURT-APPOINTED COUNSEL FOR INDIGENT DEFENDANTS
Except as to those Public Defender - conflict defense cases that are
served by written contract between the Trial Courts and contract counsel,
the following appointment and counsel fee approval procedures shall
apply:
(a) [Public Defender Conflict or Inability; Court Appointment] In the
event that the Public Defender's Office declares a conflict of interest
or should otherwise be unavailable for appointment to represent a person
qualifying for the assistance of court-appointed counsel, the court
shall appoint counsel as set forth in this rule and such policies as
the court may from time to time adopt.
(b) [Billing for Counsel Services and Expenses] At the conclusion of
all proceedings in a case in which counsel has been appointed, counsel
shall submit an original plus two copies of an itemized statement showing
all services reasonably provided on behalf of the client represented,
and the dates that each such service was provided. Counsel shall attach
to the front of the original and two copies of the declaration, an attorney
fee order form for the judge's signature, which shall be available from
the Clerk of Court. The amount of time billed on the itemized statement
shall not exceed the actual "billable' time that the attorney would
ordinarily bill to a typical client that that attorney might represent
in private practice. The time itemized shall not include attorney's
traveling time or related expenses within the South region of Santa
Barbara County, in cases arising in South County, or traveling time
or related expenses within the North region of Santa Barbara County,
in cases arising in North County; or research or preparation time which
would not be required of an attorney reasonably experienced in the practice
of criminal law. The itemized billing statement shall be submitted to
the court by counsel in the form of a declaration signed under penalty
of perjury.
(c) [Court Determination and Payment; Hearing on Denial or
Reduction] Within a reasonable period of time from the date of filing of counsel’s
request for a fee order and itemized declaration in support thereof,
the court shall determine whether or not said request and declaration
conform to the contents of this rule and any corresponding court policy.
If the request and declaration conform to this rule and any corresponding
court policy, an order shall be made and delivered forthwith to the
Auditor of the County of Santa Barbara for payment, as set forth in
Penal Code Section 987.2 (a). In the event the court determines that
the request and declaration is not or may not be in conformance with
this rule and any corresponding court policy, the court may reduce the
claim as it deems appropriate or may notify counsel that said request
for attorneys fees is denied, pending a hearing to be scheduled in the
appropriate department of the court. The calendaring of any such hearing
shall consider the respective schedules of the court and counsel, and
counsel shall not bill the court for any time spent on preparing for
or attending the hearing. At the conclusion of the hearing, the court
shall make a final order as to the amount of attorney's fees to which
counsel is entitled pursuant to this Rule and to any corresponding court
policy.
(Adopted, eff. 07-01-98)
704 CLIENT QUALIFICATION FOR APPOINTED COUNSEL;
ABILITY TO PAY
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 Public Defender,
contract and non-contract
appointed attorneys, shall assist the Court by collecting
financial information regarding the represented client’s assets,
liabilities, income and expenses, for all defendants not in custody, and
provide such information
to the Court at the time of initial Court appointment,
and again on conclusion of each case. Upon conclusion of the case, and
upon inquiry by the Court,
Court appointed 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. (Adopted, eff. 07-01-98)
705 COUNSEL FEE STANDARDS; TORT ACTIONS INVOLVING
MINORS, INSANE OR INCOMPETENT PERSONS
Reasonable attorney's fees shall be awarded at the discretion of the Court in a tort action involving a minor, insane or incompetent person.
- Petitions for reasonable attorney's fees shall contain the following information:
- A brief statement which sets forth the facts which establish liability.
- A statement which outlines all medical treatment furnished, to date, what future medical, if any, is expected to be required and the nature and extent of any permanent injuries sustained by the minor, insane, or incompetent person.
- The total medical expenses incurred by the minor, insane, or incompetent person to date and the estimated cost of any anticipated medical attention which will be required in the future.
- A reasonably detailed declaration setting forth all effort expended on behalf of the minor, insane, or incompetent person in obtaining the settlement and how it was expended. The declaration should address any or all of the following factors:
- Was the case an obvious liability and policy limits case that just needed processing?
- What was the degree of difficulty involved?
- How much skill was needed and employed?
- How much risk was there of a poor result for the amount of work done?
- How much money did the attorney advance?
- How many hours of work did the attorney do?
- What result was achieved?
- What time elapsed between the work and getting paid the attorney fees?
- The fact that the attorney's fee is contingent on recovery.
- If the injuries (damages) clearly exceed the amount of the insurance policy being offered, the statement should also include a recitation of all steps taken to determine if any additional coverage or assets are available from which the minor could seek compensation.
- Any additional information that may be of assistance to the court in determining if the petition should be granted or would assist the court in determining reasonable compensation for the attorney in the case.
- Structured Settlement.
If the petition for approval of a claim under Section 3500(b) of the Probate Code relates to a structured settlement calling for future periodic payments, the petition shall state the cost of the annuity.
(Adopted 07-01-98. As amended, eff. 01-01-01; 01-01-08)
706 ATTORNEYS INTEREST DISCLOSURE; COMPROMISE
OF CLAIMS
Pursuant to rule 241, California Rules of Court, in a compromise
of incompetent's disputed claim, counsel shall disclose
his interest in the proceeding. Such disclosure shall include a
declaration of the attorney's
relationship with the liability insurance company
settling the claim and, should counsel be employed
by said insurance company, a statement
that no compensation will be received from any
person other than said insurance company. (Adopted, eff. 07-01-98)
707 ATTORNEY FEES CIVIL DEFAULT CASES
When the obligation sued on provides for the recovery
of reasonable attorney's fees, the fees in default cases shall be 25
percent of principle plus interest. When the plaintiff is entitled
to an award of attorney's fees in an unlawful detainer default judgment,
the court will award the sum of $500.00. The court may award a higher
fee in unusual cases if the request is supported by declaration setting
forth the reasons for the increased fee. (Adopted, eff. 07-01-98)
Chapter Eight
- GRAND & TRIAL JURY SELECTION -
800 GRAND JURY SELECTION
The selection of the grand jury shall be conducted according to the
procedure set forth in Penal Code Section 896 et
seq. The Jury Commissioner shall ascertain that each nominee complies
with Penal Code Section 893.
The Superior Court shall interview all volunteer applicants who have
submitted properly completed applications. After certifying which applicants
are competent and qualified, the names shall be deposited into five
separate boxes according to the supervisorial district in which the
applicant resides. The clerk shall randomly draw an appropriate number
of names, as directed by the Court, from each supervisorial district.
The Superior Court judges shall jointly nominate those names for grand
jury duty and have said names deposited into the 'grand jury box' by
the clerk of Court. Another drawing shall be held to reduce the randomly
drawn applicants to 15 names. Those names shall be combined with the
names of 15 other volunteer applicants, which have been nominated by
the court to comprise a total of 30 names. A final, random drawing shall
be held from the pool of 30 names to select the necessary number of
members of the grand jury.
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.
(Adopted 07-01-98. As amended, eff. 01-01-99)
801 TRIAL JURY SELECTION VENUE
Trial jury selection in Santa Barbara County shall be conducted
in accordance with special legislative provisions
for Santa Barbara County, as specified in Section
198.5 of the Code of Civil Procedure. As permitted
by Section 198.5 of the Code of Civil Procedure,
and as specified by this Rule, jury venires for all
South County Court Divisions of the
Court shall be selected from the South County geographic
division of the County, and jury venires for all
North County Court Divisions shall
be selected from the North County geographic division
of the County, as such geographic division is set
forth in Rule 201 of these Rules;
unless the court, in its discretion, orders a countywide
venire in the interest of justice. (Adopted 07-01-98. As amended, eff. 01-01-00)
802 TRIAL JURY REQUIREMENTS; NOTICE, DEPOSIT,
FORFEITURE
In the event that a Civil case settles prior to the commencement
of trial, the party who has demanded trial by jury
shall give notice to the Jury Commissioner’s Office or those court
personnel responsible for the coordination of the jury panels, no later
than 3:00 p.m. on the
court day prior to the date set for trial. Failure
to provide such timely notice, so that the jurors can be called off, shall
result in said 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 said
jurors cannot be utilized in another trial on the same date, the parties
shall be responsible, on
a basis in the discretion of the court, for the actual
costs of all jurors appearing for said trial.
(Adopted, eff. 07-01-98)
803 ACCESS TO JUROR IDENTIFYING INFORMATION
The Jury Commissioner and assistants, and the clerks of the court and
court employees, shall release identifying information concerning jurors
and prospective jurors only in accordance with this local rule.
“Identifying information” or “identification information” constitutes
all information reported to the Jury Commissioner under penalty of law,
including, but not limited to, home addresses, business and work addresses,
telephone numbers, fax contact numbers, e-mail addresses, names and
other identifying information of family members, vehicle identification
information, occupation, and all similar information maintained on file
by the Jury Commissioner to assist with the summoning and selection
of panels of prospective jurors, including all information furnished
pursuant to Code of Civil Procedure Section 205.
The fact that an item of information concerning a juror may be publicly
recorded in some other record, not under the control of the Jury Commissioner,
shall not affect the duty to maintain the confidentiality of information
on file with the Jury Commissioner.
Access to juror identification information in criminal cases shall
be regulated by the provisions of Code of Civil Procedure Sections 206
and 207.
Access to juror identification information in civil cases shall be
controlled by the trial court or the Presiding Judge if the trial judge
who heard the case is unavailable. A party desiring access to juror
identification information in a civil case, or in any special proceeding
other than a criminal case, shall file a verified petition setting forth
good cause for access to such information. The petition shall be heard
upon such notice as the judge assigned shall direct, but in no case
less than ten days. In all cases the clerk of the court shall serve
copies of such petitions, by mail, on the jurors whose identifying information
is being sought, together with notice of the time and place of the hearing,
notice of their right to object both in person and in writing, and notice
of their right to decline to discuss the case with any person, regardless
of the action of the court on the petition for release of information,
which notice shall be in the form previously adopted by the court.
(Adopted eff. 07/01/99)
Chapter Nine
- COURT CALENDARS & DISTRIBUTION OF JUDICIAL BUSINESS -
900 GENERAL CALENDAR; INDIVIDUAL CALENDAR SYSTEM
The Divisions of the Santa Barbara County Superior Court operate
an Individual Calendar System, with cases generally
assigned to one judge for all purposes, pre-trial, trial and post-trial.
There are exceptions
to this, for such case categories as Juvenile Delinquency
and Dependency, District Attorney Family Support, Mental Health, Small
Claims, and Appeals
calendars for which are conducted by specific judicial
officers and departments.
The business of the Superior Court is distributed in accordance with
a general judicial assignment calendar, which sets forth the days of
the week and times of the day scheduled for hearing particular types
of proceedings and calendars by the judicial officers of the Court.
The specific cases and proceedings, and the Court departments where
they are scheduled for hearing, shall be as designated and posted in
the appropriate Division of the Court where sessions are held.
In addition to, and despite any provisions of this Rule, the Presiding
Judge or Assistant Presiding Judge, and the Court’s Calendar Management
units, acting at the direction of such judges, may assign and reassign
such cases and calendars to other judges, departments or divisions of
the Court, as deemed necessary and appropriate.
(Adopted 07-01-98. As amended, eff. 01-01-99)
901 COURT CALENDAR SCHEDULES; PUBLIC POSTING
The Clerk of Court shall post, in a prominent public
location at each Division of the Court by 4:00 P.M. each day, a copy of
a weekly schedule of judicial assignments of the Santa Barbara County
Superior Court, and a copy of the daily calendar listing of the hearings
and trials scheduled at that Division for the following Court day; which
calendar listing shall exclude the names and other identifying information
regarding Juvenile or other matters with confidential status, except as
may otherwise be provided by law. (Adopted 07-01-98. As amended, eff. 01-01-99)
902 "AFTER HOURS" DUTY JUDICIAL OFFICERS
The judges of the Court shall establish a schedule
of judicial officers to be available to consider and to make necessary
Court orders, after regular court hours in each of the North and South
geographic regions of the Court, in such matters as the review and setting
of bail, issuance of search warrants, and emergency Juvenile, Domestic
Violence and other protective orders. The Court shall establish a system
of telephonic or other contact with such “after hours duty judges,” and
shall provide such information to law enforcement agencies, child protective
service agencies and appropriate others, on a confidential basis. (Adopted 07-01-98. As amended, eff. 01-01-99)
903 COURT PROTOCOL: PROTECTIVE AND CHILD CUSTODY ORDERS
(a) [Communication and Coordination] All judicial officers shall, prior
to issuance of criminal protective orders or orders involving child
custody or visitation, make reasonable efforts to determine the existence
and terms of any prior such orders that may have been issued as to any
party to the action, as provided by Penal Code Section 136.2(i) (1)
and (2) and by Rule 5.500 of the California Rules of Court.
(b) [Coexistence of Orders; Conditions] As provided by Penal Code Section
136.2(i) (1) and (2), a family or juvenile court order may coexist with
a criminal protective order of this Court; providing that orders permitting
contact between the restrained person and his or her children provide
for safe exchange of the children, and do not contain language that
violates a "no contact" order issued by the criminal court;
and further that the family or juvenile court order specifies the time,
day, place and manner of transfer of the child, as provided by Section
3100 of the Family Code.
(c) [Modification of Orders] Any judicial officer to whom a criminal
case has been assigned and in which case a criminal protective order
has been issued, may, after consultation with the judicial officer assigned
to a family or juvenile case wherein a subsequent child custody or visitation
order has been issued involving the same parties, modify the criminal
protective order to allow or restrict contact between the person restrained
and his or her children.
(d) ["After Hours" Emergency Protective Orders] Upon application
for an emergency protective order by law enforcement or child welfare
personnel, and prior to issuing such order, "After Hours" Duty
Judicial Officers shall inquire of the applying law enforcement or child
welfare officer as to completion of the required Judicial Council application
form for such orders, particularly including information as to such
officer's knowledge of the fact and terms of any existing protective
or custody orders. The Duty Judicial Officer may require the applying
officer to make further inquiry of the person or persons to be protected,
as to the existence and terms of any such prior court orders.
(Adopted eff. 01-01-04)
904 JUDICIAL ASSISTANCE TO AND BETWEEN COURTS AND DIVISIONS
(a) [Requests for Assistance] All requests for judicial assistance
required by any judicial officer of any Division of the Court, whether
for reasons of judicial absence replacement, judicial disqualification
or recusal, or for calendaring conflicts or workload reasons, shall
be made to the Presiding, or Acting or Assistant Presiding, Judge of
the Court.
(b) [Sources for Assistance] In determining the need and the appropriate
source for obtaining judicial assistance, the judicial resources of
the Division where the need arises shall be the source first considered,
available resources within other Divisions of the Trial Courts located
in the same geographic region shall be secondarily considered, and thirdly
shall be sought from within the Court at large, to the extent that judicial
assistance from within the former sources are not available.
(c) [Considerations] In determining sources for judicial assistance,
convenience and potential travel requirements for parties, counsel and
jurors shall be considered; but, in consideration of trial court unification,
judicial assistance assignments shall be made without regard to former
Municipal / Superior Court case jurisdiction.
(d) [Judicial Council Assistance] Requests for judicial assistance
from Judicial Council-assigned judges shall be made only on approval
of the Presiding Judge or Acting Presiding Judge.
(Former Rule 903, Adopted 07-01-98. As amended, eff. 01-01-99, Re-numbered
Rule 904 eff. 01-01-04)
Chapter Ten
- COURT PROCEDURES - GENERAL -
1000 CASE DISPOSITION TIME STANDARDS
It is the goal of the Superior Court to complete the effective disposition
of all cases, within the disposition time standards
set forth in the Standards of Judicial Administration, California Rules
of Court. To assure timely
disposition of all cases, the Santa Barbara County
Superior Court will actively manage all cases that are filed and pending
in the Court, without
regard to the case category
(Adopted 07-01-98. As amended, eff. 01-01-99)
1001 CONTINUANCES
Continuances shall not be granted on the sole
basis that the parties alone agree thereto. Court
appearances of any kind are appointments by counsel
with the court and may not be excused without
the specific authorization of a judicial officer,
nor may the matter be placed off calendar without
such authorization. The court clerk is not authorized
to continue a matter or take a matter off calendar,
except by direction of the court. The court's
exercise of discretion to grant a continuance
shall be in inverse ratio to the nearness of
the matter to trial or hearing.
(Adopted, eff. 07-01-98)
1002 CALENDARING OF HEARINGS AND TRIALS
Except upon specific order of a judicial officer
of the Court, or as may otherwise be provided
by law, no matter shall be calendared in any
Division of the Trial Courts, without first
scheduling such matter with the Calendar Clerk
or Coordinator of that Division of the Court.
(Adopted 07-01-98. As amended, eff. 01-01-99)
1003 CASE CALENDARING; TIME
ESTIMATES
Counsel
are required to provide accurate estimates
of the time required for hearing, when scheduling
all matters for hearing
on Court calendars. To the extent permitted by
law and in the discretion of the judicial officer
presiding. any matter may be deemed submitted for
decision on the evidence presented, ordered off
calendar,
or a mistrial declared, if time estimates
are exceeded.
(Adopted, eff. 07-01-98)
1004 ATTENDANCE OF PARTIES AND WITNESSES
Respective counsel in both civil and criminal cases are responsible
for having their parties and witnesses present
in court promptly at the appropriate time, so that
no proceeding is delayed. It is also the
responsibility of counsel to attempt to mitigate
against 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. (Adopted, eff. 07-01-98. As amended, eff. 01-01-99)
1005 APPEARANCE BY TELEPHONE
(a) [Telephone Appearance Program; Court Approval] As provided by Government
Code Section 68070.1, Section 1006.5 of the Code of Civil Procedure,
Rule 298 of the California Rules of Court, and Standard 21 of the Standards
of Judicial Administration, the Court has established a Telephone Appearance
Program for appropriate Courts and Divisions. With the prior approval
of the court, counsel may present oral argument by telephone in matters
specified in Rule 298 of the California Rules of Court and scheduled
for hearing in Departments designated by the courts for participation.
Telephonic oral argument will be scheduled for such departments and
at such times as the courts may designate. Counsel is encouraged to
utilize this Program for non-evidentiary civil hearings where the personal
appearance of counsel would not materially assist in determination of
the matter before the court.
(b) [Filing and Service of Request] Counsel who wish to present oral
argument by telephone shall file and serve a Request to Appear by Telephone,
using the form provided in the “Appendix” to these Rules.
The moving party shall file and serve the Request at the time the motion
is filed, and shall specify in the caption on the first page of the
Notice of Motion the words: “TELEPHONIC HEARING REQUESTED.” Counsel
shall be available to participate in the conference call at the hours
designated in these Rules or in weekly judicial assignment or daily
case calendars posted in each division of the Court.
(c) [Notation on Pleadings; Court Approval] Responding parties shall file and
serve any Request to Appear by Telephone at or within the time specified in
statutes, California Rules of Court and these Rules for filing opposition papers.
Any responsive papers filed and served by a responding party who wishes to
present oral argument by telephone must also specify in the caption on the
first page the words: “TELEPHONIC HEARING REQUESTED.” On the next
line in the caption, counsel shall designate the telephone number at which
he or she may be called by any party participating in the conference call on
the date of the hearing. Counsel who request to appear by telephone shall contact
the court on day prior to the hearing to determine if the request has been
granted and to determine the court phone number to call on the date of the
telephonic hearing.
(d) [Fees and Costs] Counsel who request(s) to appear by telephone shall pay
the costs of any conference calls and shall pay any additional required court
fee at the time the motion to appear by telephone is filed with the clerk’s
office. The costs of any telephone call(s) involved in such a hearing shall
be charged to the first counsel requesting to appear by telephone. Should counsel
wish to apportion charges amongst themselves, such arrangements shall be made
by counsel without any court intervention. The court is not responsible for
the costs of any telephone calls and will not hear any dispute regarding the
allocation of such costs between any attorneys appearing by telephone.
(e) [Conference Procedure] When counsel appear by telephone, counsel shall
speak one at a time and shall state his or her name for the record each time
counsel speaks. If counsel does not participate in a conference call after
requesting to present oral argument by telephone, the matter shall be deemed
submitted by such counsel.
(f) [Court Limitations; Calling Responsibilities] The court reserves
the right to limit the number of matters designated for telephonic oral
argument on any day in departments assigned for hearing such matters.
Counsel requesting telephonic argument in any matter in which oral argument
by telephone has been approved by the court shall place a telephone
call to the number designated by the court at least five minutes before
the time scheduled by the court for telephonic oral argument. If multiple
requests to appear by telephone have been granted, the moving party
shall place the conference call.
(Adopted 07-01-98. As amended, eff. 01-01-99)
1006 STATE PREEMPTION OF LOCAL RULES; CIVIL PRETRIAL
AND TRIAL
In adopting Rule 302 et seq of the California Rules of Court, the
California Judicial Council has occupied the field
regarding form and format of
all Court papers, motions, demurrers, discovery
and pleadings, preliminary injunctions and bonds,
and ex parte orders and applications; and has
preempted and voided all local rules related to
the form and format of these subjects. Parties and
counsel are referred to Title 2 |