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Trial Court Organization And Locations

Chapter One - COURT RULES ADMINISTRATION -

100 AUTHORITY

101 AMENDMENTS TO TRIAL COURT RULES

102 SANCTIONS FOR FAILURE TO COMPLY WITH COURT RULES

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

300 MEETINGS OF THE JUDGES

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.

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

Chapter Four - COURT OFFICERS & PERSONNEL -

400 STATUS OF COURT EMPLOYEES; COURT AND COUNTY RULES

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:

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

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

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

Chapter Six - COURT FACILITIES; ACCESS & SECURITY -

600 COUNTY SHERIFF AS COURT SECURITY OFFICER

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

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

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.

1. Petitions for reasonable attorney's fees shall contain the following information:
   1. A brief statement which sets forth the facts which establish liability.
   2. 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.
   3. 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.
   4. 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:
      1. Was the case an obvious liability and policy limits case that just needed processing?
      2. What was the degree of difficulty involved?
      3. How much skill was needed and employed?
      4. How much risk was there of a poor result for the amount of work done?
      5. How much money did the attorney advance?
      6. How many hours of work did the attorney do?
      7. What result was achieved?
      8. What time elapsed between the work and getting paid the attorney fees?
      9. The fact that the attorney's fee is contingent on recovery.
   5. 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.
   6. 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.
2. 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 ATTORNEY’S INTEREST DISCLOSURE; COMPROMISE OF CLAIMS

707 ATTORNEY FEES CIVIL DEFAULT CASES

Chapter Eight - GRAND & TRIAL JURY SELECTION -

800 GRAND JURY SELECTION

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

802  TRIAL JURY REQUIREMENTS; NOTICE, DEPOSIT, FORFEITURE

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 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

902 "AFTER HOURS" DUTY JUDICIAL OFFICERS

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

1001 CONTINUANCES

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

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

1007 SPECIAL COURT FORMS

1008 DIRECT COURT FILING BY FACSIMILE

(a) [FAX Filing Requirements; Agency Filing] Any party may file by FAX directly to the Superior Court. Direct filing by FAX must be made in full compliance with Section 1012.5 of the Code of Civil Procedure, and Rules 2001 et seq of the California Rules of Court, and the Court will also accept agency filing under Rule 2005 of the California Rules of Court.

(b) [FAX Phone Numbers] The Trial Court FAX telephone numbers, for the Santa Barbara County Superior Court Divisions are as follows:

SOUTH COUNTY COURT DIVISIONS:

NORTH COUNTY COURT DIVISIONS:

(c) [FAX Fees; Credit Cards] All direct FAX filings shall be accompanied by payment of fees by Credit Card, pursuant to Rule 2006(d) of the California Rules of Court.
(Adopted 07-01-98. As amended, eff. 01-01-99, As amended, eff. 01-01-03)

1009 EX PARTE ORDERS

All applications for ex parte orders shall comply with Rule 379 of the California Rules of Court, and shall be filed in the appropriate section of the Court Clerk’s office in the Division of the Court where the case is pending, in the Court location of the proper Court filing venue. The application, together with the appropriate file, will be presented to the appropriate judicial officer by the clerk. In the absence of a Court order properly prepared by counsel or party in pro per, the reviewing judge shall record the decision on the application, in the Court minutes.
(Adopted, eff. 07-01-98)

1010 COURT RECORDS MANAGEMENT AND ACCESS

(a) [Original Court Case Records and Exhibits] Only judicial officers and authorized Court personnel shall file, process, remove, replace, edit, mark, copy or destroy original, official, Court case records and exhibits. All public and other access to such original records shall be permitted only under direct supervision of such authorized Court personnel; and only in accordance with California statutes, the California Rules of Court and Rules of this Court.

(b) [Copying and Reproducing Official Court Records] Only judicial officers and authorized Court personnel may photocopy or otherwise reproduce original, official, Court case records or exhibits. Any such copying or reproduction for public distribution shall be done only by or under the direct supervision of such authorized personnel, subject to any established Court charge for these services. Personal photographing or other reproduction of original Court records by the public is not permitted. This Rule does not apply to the printing or reproduction of documents that may be posted or otherwise made available in electronic form on the Court’s websites. 
(Adopted, eff. 01-20-05; Former Rule 1010, Acceptance of Certain Hand Printed Documents and Forms, Repealed, eff. 1-1-03)

1011 LIMIT ON NUMBER OF COPIES THE CLERK WILL CONFORM

The Court will conform a maximum of two copies of any document at the time of filing. Additional copies will be provided by photocopying and the standard fee for copies will be charged. If conformed copies are to be returned by mail, a stamped, self-addressed envelope must be included.
(Adopted, eff. 01-01-03)

Chapter Eleven - COURT PROCEDURES - ALTERNATIVE DISPUTE RESOLUTION -

The Court hereby establishes an ADR Committee, as required by Rule 1580.3(b) of the California Rules of Court, for guidance and oversight of all Court alternative dispute resolution programs, including the Court’s Judicial Arbitration Program. Members of the ADR Committee and the ADR Program Administrator shall be appointed by the Presiding Judge, in accordance with the requirements of Rule 1580.3(a) and (b) of the California Rules of Court. (Adopted 07-01-98. As amended, eff. 01-20-05)

1101 JUDICIAL ARBITRATION

(a) [Matters Subject to Judicial Arbitration] Any matter which is not exempt from Judicial Arbitration, as provided by Section 1141.10 et seq, by other California statute, or by Rule 1600, et seq of the California Rules of Court, shall be subject to and referred for Judicial Arbitration to the extent required by these authorities, subject to the provisions of Sections 1775, et seq of the Code of Civil Procedures for Mediation in lieu of Arbitration. Additional, non-exempt, matters shall also be referred for Judicial Arbitration, as may be determined by the Court in which the case is pending.

(b) [Arbitration Administrator] The ADR Administrator appointed pursuant to Rule 1580.3(a) of the California Rules of Court shall serve as Arbitration Administrator, and shall establish such local forms, lists of arbitrators and other procedures necessary to implement the Judicial Arbitration program, to the extent not established by California statutes or Rules of Court.        
(Adopted, eff. 07-01-98. As amended, eff. 01-20-05)

1102  COURT ADMINISTERED DISPUTE RESOLUTION (CADRe)

(a) [Service and Filing] As part of service and proof of service of complaints, plaintiff(s) shall include a copy of the Court Administered Dispute Resolution (CADRe) Program Information and a Stipulation and Order to Alternative Dispute Resolution (ADR) Process form per CRC 201.9(c). Not later than fifteen (15) days before the 120-day Case Management Conference prescribed by Rule 1309(d) of this Court, all counsel shall file with the court a completed Case Management Statement [CM-110] and serve it on all other parties. At the Case Management Conference, the Court will make a determination of the amount in controversy, in the manner provided by Section 1141.16 of the Code of Civil Procedure.

(b) [ADR Consultation] At the court’s discretion, counsel and parties may be required to attend a consultation with staff of the Court’s CADRe Program, within ten (10) days of the 120-day Case Management Conference, or as otherwise directed by the Court. Parties and counsel shall be fully prepared to discuss with the Court and CADRe staff, the appropriate dispute resolution method(s) for the case.

(c) [Timing, and Disposition, and Reporting] If an ADR process is selected, counsel shall file with the court a fully-executed Stipulation and Order to Alternative Dispute Resolution (ADR) Process form within ten (10) days after the later of either:

(i) the 120- day Case Management Conference, or
(ii) the CADRe Consultation, indicating their participation in an ADR process.

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

Cases that do not resolve through the use of an ADR process shall proceed to trial in accordance with these rules. Participation in an ADR process shall not affect time periods specified in the Trial Court Delay Reduction Act. Upon any settlement or other disposition of a case, other than by trial, wherein an ADR process has occurred or is pending, notice of such disposition shall be given to all parties, to the Court, to the arbitrator or other ADR neutral involved in the case, and also to the Court’s CADRe Program, in the manner required by Rule 225 of the California Rules of Court.

(d) [Mediation in lieu of Judicial Arbitration] Civil cases with an amount in controversy of $50,000.00 or less that are subject to Judicial Arbitration (under CCP §1141 et. seq.) may be ordered to Limited Mediation in lieu of Judicial Arbitration (CCP §1775 et. seq.) at the request of the parties or the discretion of the court. (Adopted 01-01-98. As amended, eff. 01-20-05).

Chapter Twelve - COURT PROCEDURES - APPEALS -

1200 APPEALS CALENDARING

Chapter Thirteen - COURT PROCEDURES - CIVIL - GENERAL -

1300 CIVIL CASE CALENDARING

1301 CIVIL LAW AND MOTION CALENDARS

(a) [Calendaring] Civil law and motion calendars and hearings in the court ordinarily include, but are not necessarily limited to, such matters as orders to show cause, defaults, demurrers, discovery motions on notice, matters involving receiverships, injunctions, supplemental proceedings and similar matters. Matters which in the opinion of the court, cannot be accommodated on the law and motion calendars, may be placed on the Court’s short cause trial calendars, at the discretion of the judicial officer to which the case is assigned. Law and motion matters shall be determined on the basis of points and authorities, verified pleadings, affidavits and declarations, unless the court, for good cause shown, allows the taking of oral testimony and or/argument.
(Adopted 07-01-98. As amended, eff. 01-01-99. As amended, eff. 01-01-03)

(b) [Tentative Rulings] Pursuant to Rule 324 of the California Rules of Court, this court provides a procedure for tentative rulings in Civil Law and Motion matters; and requires notice of any intent to appear and the procedures related thereto, as provided by Rule 324 (a)(1). Tentative rulings need not be issued in Civil Law and Motion matters by any judicial officer of the court, but any judicial officer who does issue tentative rulings shall use this procedure, as required by Rule 324(c). Tentative rulings that are issued in Civil Law and Motion matters shall be made available by telephone notice and, at the option of the issuing judicial officer, also by posting on the court’s web site, not later than 3:00 P.M. on the date preceding the scheduled hearing. The following telephone numbers will provide access to the court’s tentative rulings:

Santa Barbara Civil Departments:
	Judge ANDERLE	(805) 882-4512
	Judge BROWN	(805) 882-4727
	Judge MC LAFFERTY	(805) 882-4732
	Judge deBELLEFEUILLE	(805) 882-4734
Santa Maria Civil Departments:
	Judge CANTER	(805) 614-6710
	Judge MELVILLE	(805) 614-6424
	Judge JENNINGS	(805) 614-6439

(Adopted 07-01-98. As amended, eff. 01-01-03)

1302 NOTICE OF MOTIONS IN LIMINE, CIVIL JURY TRIALS

In civil jury trials, and in addition to any other notice requirements, counsel shall give written notice of the fact that counsel intends to make any In Limine motions, in order that requested jury panels are not kept waiting while such matters are decided:

(a) [Filing of Notice] The notice shall be filed, not later than two (2) court days before the first call of the case for trial. If the case goes off calendar, subject to a new At-Issue Memorandum, the notice shall be filed anew, not later than two (2) court days before the next trial date.

(b) [Copy for Jury Staff] The notice shall be accompanied at the time of filing with a copy, for delivery by the Clerk to the Jury Commissioner's Office or personnel responsible for coordination of the jury panels.

(c) [Time Estimates] The notice shall recite Counsel's best estimate of the time that will be required to properly hear and dispose of the motion(s); and the general subject(s) of the motion(s).
(Adopted, eff. 07-01-98)

1303 JUDGMENT DEBTOR EXAMINATION

(a) [Application, Issuance] When a judgment creditor applies for a Court order that a judgment debtor appear and answer concerning his property pursuant to CCP Section 708.110, et seq, the clerk shall issue an order, upon review of the application and direction of a judicial officer, commanding the judgment debtor to appear before a judicial officer of the court at a specified time and place and answer concerning his property.

(b) [Supplemental Proceedings; Proof of Service] Proof of service on supplemental proceedings on debtor's exams must be submitted to the Civil unit of the Court Clerk’s office, at least five (5) days prior to court hearings or that matter will not be calendared.
(Adopted, eff. 07-01-98)

1304 FAILURE TO APPEAR FOR DEBTOR EXAMINATION; WARRANT

1305 READINESS AND SETTLEMENT CONFERENCE; CIVIL

1306 CIVIL TRIAL BRIEFS

Trial briefs are required to be filed by all parties in all civil court trials wherein a time estimate of one and one-half (1 1/2) hours or more has been made, and in all civil jury trials, setting forth the issues to be tried, and any significant evidentiary problems which are likely to be presented, along with, supporting points and authorities. In all cases where a trial confirmation date is set, said trial briefs shall be filed no later than the trial confirmation date. In all other cases, they must be filed at least three (3) court days prior to the date set for trial.
(Adopted, eff. 07-01-98)

1307 CIVIL DEFAULTS AND UNCONTESTED MATTERS

1308  UNLAWFUL DETAINER PROJECT (Repealed, eff. 01-01-03)

Chapter Fourteen - COURT PROCEDURES - CIVIL - FAMILY LAW -

1400 FAMILY LAW CASE CALENDARING

1401 FAMILY LAW MATTERS SUBJECT TO THESE RULES

• Matters arising from the Family Law Act, including cases where the Department of Child Support Services appears on behalf of Santa Barbara county or any other party;
• Matters arising from the Uniform Divorce Recognition Act;
• Matters arising from the Uniform Child Custody Jurisdiction and Enforcement Act;
• Matters arising from the Uniform Parentage Act;
• Matters arising from the Domestic Violence Prevention Act;
• Matters arising from Family Code Sections 4800 through 4854 (USA);
• Orders to Show Cause, motions or trials in actions brought by the Department of Child Support Services under Article 4 and 7 of the Welfare and Institution Code;
• Matters arising from Family Code Section 8800 (adoptions);
• Matters arising from Family Code Section 3900 (support of adult children or parents);
• Post-dissolution judgment actions involving omitted or reserved property issues;
• Non-marital property right actions consolidated with Family Law Act or Uniform Parentage Act proceedings.

(Adopted, eff. 07-01-98, As Amended, eff. 01/01/03)

1402 INFORMATION AND ASSISTANCE TO PARTIES IN FAMILY LAW CASES

Counsel for all parties in family law cases, and the Clerk of the Court for all parties not represented by counsel, shall provide such parties with a copy of these Family Law Rules at the time the case is filed, or as soon thereafter as is practicable. The Court and the Clerk of the Court may provide other assistance to parties in Family Law cases only as required or permitted by statute, California Rule of Court, or Rules of this Court.
(Adopted, eff. 07-01-98)

1403 COMPLIANCE WITH FAMILY LAW RULES - SANCTIONS

The Rules set forth in the preceding general rules governing the operation of this Court apply unless there is a specific Family Law Rule covering the same matter, in which case the Family Law Rule applies. Strict compliance with these Family Law Rules is necessary to the expeditious resolution of family law matters and is therefore mandated for all participants. It is the Court’s policy to impose sanctions for the failure to adhere to these rules.
(Adopted, eff. 07-01-98)

1404 FAMILY COURT ORGANIZATION

The Family Law services of the Court shall operate under the general direction of the Presiding Judge and Assistant Presiding Judge of the Court, respectively, for all services within the Division of the Court where such judge is assigned. All Judges and Commissioners of the Courts are designated to hear Family Law matters, as directly assigned for all purposes within the Court’s Individual Calendaring System or as may otherwise be assigned or reassigned by the Presiding or Assistant Presiding Judge, or by the Court’s calendar manager or coordinators at the direction of such judge(s).
(Adopted 07-01-98. As amended, eff. 01-01-99)

1405 FAMILY LAW EX PARTE POLICIES

(a) [Ex Parte Applications Disfavored] Ex parte applications are strongly disfavored. Whenever possible, in lieu of an ex parte order, the Court will issue orders shortening time and set the matter for full hearing at the regular family law and motion calendar. However, orders shortening time are also disfavored, and must be supported by a substantial showing of need.

(b) [Determination Based on Pleadings] It is the Court's policy to determine ex parte orders based on the pleadings submitted. Thus, requests for ex parte orders normally will be determined without giving either party an opportunity for oral argument or discussion with the Court.
(Adopted, eff. 07-01-98)

1406 CALENDARING OF FAMILY LAW EX PARTE MATTER

An ex parte hearing is required for all ex parte applications unless excused under Rule 1407(b). Dates and times for ex parte hearings are obtained by telephonic request to the secretary or clerk of the Judicial Officer to which the case has been assigned. The hearing will be set at least 24 hours after the time the telephonic request is made. However, in domestic violence cases, the court, upon a showing of good cause, may grant leave for an earlier hearing. For all matters on which a hearing is not required, the application shall be submitted to the ex parte clerk for processing.
(Adopted, eff. 07-01-98. As amended, eff. 01-01-02)

1407 FAMILY LAW EX PARTE NOTICING

(a) [Notice Requirements] The moving party shall give notice to the responding party immediately upon obtaining a date and time for the ex parte hearing. Such notice shall fully conform with the requirements of California Rule of Court 379, and shall be given at least twenty-four hours in advance of the hearing, during normal business hours, by telephone or personal delivery of written notice. The application and all moving papers shall be submitted to the ex parte clerk no less than four hours before the time set for the hearing and the appropriate fee paid on submission. Except as provided in Subsection (b) of this Rule, notice shall be given for all ex parte applications, including those requesting orders shortening time and orders directing the parties to mediation.

(b) [Exceptions to Notice Requirement] The 24-hour notice may be excused only upon a showing of exceptional circumstances establishing to the satisfaction of the Court the following facts by declaration: (a) the giving of such notice would frustrate the very purpose of the order sought and lead the applicant to suffer immediate and irreparable injury; or (b) the giving of such notice is not possible, following a good faith attempt.

A hearing is not required and notice need not be given for applications seeking: (a) to have an order or judgment signed, where the responding party has approved the same; (b) to have an order or judgment signed where a default proceeding was the basis upon which the order or judgment was made; (c) issuance of an Order to Show Cause ("OSC") which does not request relief pending the hearing; (d) re-issuance of an OSC; (e) a wage assignment after issuance of a support order; (f) approval of an in forma pauperis fee waiver application; or (g) restoration of a former name after entry of judgment.

The Court's Family Law Facilitator may, in assisting a self-represented litigant, obtain an order waiving the requirement to attend a parent education program or an order to attend a scheduled mediation, by ex parte application without notice and hearing. For waiver of attendance at a parent education program, this exception shall be limited to cases where the party is seeking a judgment in a default case, or where the residence of the party is geographically distant from any location where a Court-approved parent education program is available, and the party has no opportunity to attend a comparable program.

(c)[Contents of Notice] The 24-hour notice must specify the date and time of the ex parte hearing and include a detailed description of the relief sought. If the responding party is not represented by counsel, the notice must further advise the party that he or she has a right to be present, to be represented by counsel, and to submit a written response to the application.
(Adopted, eff. 07-01-98; As amended, eff. 01-01-02)

1408 SERVICE AND FILING OF EX PARTE PLEADINGS

Prior to the ex parte hearing, both sides shall discuss and attempt to settle all issues and positions to be raised at the ex parte hearing. All required pleadings (including a copy of the proposed order) shall be hand delivered to the responding counsel (or unrepresented party) and filed with the ex parte clerk at least four business hours before the ex parte hearing. Responsive papers shall be delivered to the moving party and filed at the judge's chambers at or before the time of the hearing. (Adopted, eff. 07-01-98)

1409 EX PARTE PLEADINGS REQUIREMENTS

(a) [Ex Parte Application / Declarations] The Ex Parte Application shall include a declaration setting forth the details of the notice given (or of the facts establishing an exception to the notice requirement) and verifying that the discussions required by Rule 1408 have occurred.

(b) [Evidentiary Requirements] Specific declarations must support requests for ex parte orders. Conclusions, feelings, wishes or fears will not adequately support an ex parte order. All declarations shall contain sufficient factual information within the personal knowledge of the declarant to adequately support the relief requested. The Court will consider only those issues supported by evidentiary declarations. If there is an insufficient written factual showing to justify a particular order, it will not be granted. Evidentiary deficiencies cannot be corrected by verbal statements to the Court.

(c) [Emergency Nature of Request] The evidentiary declarations shall contain facts which demonstrate why the matter is appropriately handled as an ex parte matter, as opposed to being heard on the Court's law and motion calendar (with or without an order shortening time). Seeking ex parte relief in the absence of an emergency will result in sanctions being imposed, and the filing of an application for ex parte relief shall be deemed a waiver of any right to further notice prior to the imposition of sanctions.

(d) [Disclosure of Change of Status Quo] There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of the status quo. Absent such disclosure, attorneys' fees and costs incurred to reinstate the status quo may be awarded.

(e) [Proposed Ex Parte Orders] A proposed order setting forth the relief requested shall be served with the moving papers and presented to the Judge at the time of the ex parte hearing. In the event a proposed order is not signed, the Judge shall write the words "not signed" in the place reserved for the Judge's signature and that unsigned order shall be filed with the Court.
(Adopted, eff. 07-01-98)

1410 PARTICULAR EX PARTE ORDERS

(a) [Temporary Restraining Orders ("TROs")] When seeking TROs, the current forms adopted by the Judicial Council shall be used. These forms include the Order to Show Cause, Application for Order and Supporting Declaration, and Temporary Restraining Orders (Family Law). Declarations in support of TROs shall be drafted on a separate sheet and attached to the Application for Order form.

(b) [Ex Parte Residence Exclusion Orders] Ex Parte Residence Exclusion Orders will not be issued unless there is a clear showing that recent physical violence has occurred or that there is a threat of imminent physical violence. This showing shall include a full description, in detail, of the most recent instance(s) of physical harm, disposition toward violence, intoxication or use of drugs, and shall specify the date of each occurrence.

(c) [Stay Away Orders] Requests for orders requiring a party to stay away from the residence shall indicate whether that party is residing in the residence or has moved and when he or she moved.

(d) [Custody/Visitation Orders] A party requesting an order establishing or modifying custody or visitation shall, by evidentiary declarations, establish the following: (a) the provisions of any existing order; (b) the actual custody arrangement; (c) the requested relief; (d) the immediate harm or irreparable injury; and (e) the status of any referral to Child Protective Services or law enforcement. (Adopted, eff. 07-01-98)

1411 FAMILY LAW MOTIONS AND ORDERS TO SHOW CAUSE

(a) [Calendaring] Proposed dates for hearings on OSC’s and motions must be approved by the calendar unit in the appropriate Court division, prior to filing and calendaring.

(b) [Mandatory Confirmation of Proceeding] No less than 48 hours prior to the scheduled hearing, the moving party shall notify the clerk of the Judicial Officer to which the case has been assigned, as to whether the hearing will proceed as scheduled.

(c) [Special Calendaring; TROs Pending Hearing] When TROs are granted pending a hearing, the hearing shall be set within 25 days of the date of issuance of the TROs.

(d) [Special Calendaring; Mediation Without TROs] If no TROs have been granted and mediation is required prior to the hearing, the hearing shall be set at least 5 court days after the mediation appointment.

(e) [Special Calendaring; TROs With Mediation] If TROs have been granted and mediation is required prior to the hearing pursuant to Rule 1501 (b), the hearing shall be set within 25 days of the date of issuance of the TROs and at least 5 court days after the mediation appointment. An ex parte order extending time is required to set the hearing more than 25 days after the issuance of TROs and/or less than 5 days after mediation; parties are admonished to determine the availability of mediation appointments prior to seeking TROs.
(Adopted, eff. 07-01-98)

1412 MOTIONS AND OSCs; FILING AND SERVICE OF PLEADINGS

(a) [Moving Papers] All moving papers must be filed with the Court Clerk and served in compliance with applicable Code of Civil Procedure sections prior to the scheduled hearing date, unless an order shortening time has been granted. When an OSC is issued by the Court, it shall be signed and filed with the Court Clerk before it is served.

(b) [Responsive Papers] All papers filed in Response to an OSC or motion shall state in the caption that they are a "Response to Motion or OSC of Petitioner or Respondent Requesting..." and then itemize relief. Such Responsive papers shall be filed with the Court and served at least 10 calendar days before the hearing. Any papers not timely filed will not be considered by the Court. A party who has not filed a timely written response will be denied an opportunity to offer oral argument at the time of the hearing.

(c) [Reply Papers] All papers filed in Reply to a response to an OSC or motion shall state in the caption that they are a "Reply to Response of Petitioner or Respondent to Motion or OSC of Petitioner or Respondent Requesting..." and then itemize relief. All papers in Reply shall be filed with the Court and served at least 5 calendar days before the hearing. Papers not timely filed will not be considered by the Court.

(d) [Proof of Service] Appropriate proofs of service shall be filed with the Court at least 48 hours before the hearing.

(e) [Post-Judgment Orders to Show Cause] Parties are reminded of the requirements of Family Code Section 215 with respect to service of pleadings subsequent to entry of final judgment. However, the provisions of Family Code Section 215 are not applied to ongoing matters where a judgment of dissolution of status has been entered, but further judgment on reserved issues is pending. (Adopted, eff. 07-01-98. As amended, eff. 01-01-02)

1413  HEARINGS ON FAMILY LAW MOTIONS, OSC’s

(a) [Mandatory Settlement Attempt] Prior to the scheduled hearing, counsel shall make good faith efforts to resolve the issues pending before the Court, to exchange all information required by these rules, and to delineate those issues remaining to be presented to the Court at the time of the hearing.

(b) [Conduct of Hearings First Calendar Call] At the first call of the calendar, counsel and unrepresented parties shall state their appearances and give a time estimate for argument. If settlement discussions are ongoing, the Court shall be informed and the matter may be placed at the "foot" of the calendar.

(c) [Second Calendar Call] At the second call of the calendar, counsel and unrepresented parties shall announce their appearances, recite any stipulated matters for the approval, clearly state all contested issues, and may briefly present argument on each contested issue.

(d) [Exceeding Time Estimates] If the time estimate made by either party at the first call of the calendar is exceeded, the Court may, in its discretion: rule without further hearing; defer the matter to the end of the calendar if time permits; enter interim orders; continue the matter to the next available date; or order the matter off calendar.

(e) [Objections] The opposing party's presentation shall not be interrupted, other than with valid objections, and all remarks shall be directed to the Court.

(f) [Post-Ruling Argument] Once the Court has rendered its decision, the case shall not be reargued. Counsel may, however, question the Court in order to clarify a ruling or correct a mistake.

(g) [Time Limitations] The law and motion calendar is designed for hearings estimated to take no longer than 30 minutes. If it is anticipated that a longer hearing will be required, participants shall so advise the Court at the law and motion hearing, and request that the matter be set on the Court's short cause calendar.

(h) [Presentation of Evidence - Limitations on Oral Testimony] In granting or denying applications for orders, it is the Court's policy to determine contested issues based solely on the pleadings, admissible evidence contained in declarations timely filed with the Court, and arguments based thereon. All declarations shall be received in evidence at the hearing, subject to legal objections and cross examination. Oral testimony will not be permitted except in unusual circumstances. A party seeking to introduce oral evidence at the hearing shall comply with the requirements of California Rules of Court, Rule 323.

(i) [Stipulated Continuances] If the parties stipulate to a continuance of the hearing, the parties shall immediately advise the clerk of the judicial officer to which the case is assigned, by telephone no later than 48 hours before the hearing, and deliver a written stipulation by the start of the hearing.

(j) [Contested Requests for Continuances] Requests for continuances made at the time of the hearing are strongly disfavored. If a stipulated continuance cannot be obtained, a motion for continuance shall be made at the earliest possible time prior to the hearing.

(k) [Presence of Counsel] Unrepresented parties and counsel shall be present in Court when the matter is called for hearing, unless they are engaged in another department and have so advised opposing counsel and the clerk of the judicial officer to which the case is assigned.

(l) [Non-Appearance of Moving Party] If the moving party or counsel is not present at the time a matter is called, the relief requested ordinarily will be denied and any affirmative relief requested by the responding party ordinarily will be heard as an uncontested matter.

(m) [Non-Appearance of Responding Party] If the responding party or counsel fails to appear at the time a matter is called, and valid proof of timely service is presented, the Court will hear the OSC or motion as an uncontested matter. If valid proof of timely service is not presented, the Court may continue the hearing to allow the moving party to submit such proof or take the matter off calendar.

(n) [Matters Taken Off Calendar] After service of the moving papers, no matter shall be taken off calendar without immediate telephonic notice to the clerk of the judicial officer to which the case is assigned, and to the responding party. Once responding papers requesting affirmative relief have been filed, no matter shall be taken off calendar without the consent of the responding party.
(Adopted, eff. 07-01-98)

1414 PREPARATION OF ORDERS AFTER HEARING

(a) [Preparation and Approval of Order] If a party is ordered to prepare a court order, that party shall serve the proposed order on the opposing party within 10 court days of the date of issuance of the decision. Within 5 court days of its receipt, the opposing party shall approve the proposed order or decline to approve the order, stating alternate proposed language. If the parties are unable to agree on the language of the order, then either party may request a hearing.

(b) [Failure to Approve Proposed Order] If the responding party fails to approve or object to the proposed order with 5 court days of its receipt, the preparing party then may transmit the proposed order to the Court Clerk for the Judge's signature, accompanied by a declaration, with a copy to the opposing party, setting forth the applicable dates and explaining the circumstances.

(c) [Failure to Prepare Proposed Order] If the party ordered to prepare a court order fails to prepare and serve the order as required, then the opposing party may prepare a proposed order and transmit it to the clerk for the Judge's signature, accompanied by a declaration, with a copy to the opposing party, setting forth the applicable dates and explaining the circumstances.
(Adopted, eff. 07-01-98)

1415 SUPPORT COMPUTATIONS

(a) [Income-Based Computations] Awards of child support and temporary spousal support allocate the income of the parties in an effort to meet the needs of all parties, recognizing that, in most cases, there is not sufficient income to sustain either party at the same standard of living that existed prior to separation. Neither the current statute governing child support nor the Santa Clara Support Schedule for temporary spousal support address living expenses.

(b) [Computation of Child Support] Computation of child support will be strictly in accordance with state law. All orders for child support shall specify the amount of support for each minor child in accordance with Family Code §4055(b)(7).

(c) [Computation of Temporary Spousal Support] The Court has adopted the Santa Clara Support Schedule for the purposes of determining the correct amount of temporary spousal support. The amount of temporary spousal support determined under the Santa Clara Support Schedule is presumed to be correct. In calculating the parties' incomes and various offsets for the purpose of applying the Santa Clara Support Schedule, the Court will apply the principles set forth in the state child support law.

(d) [Income of New Mate or Non-Marital Partner; Temporary Support Proceedings] Absent unusual circumstances, the income of a new spouse or of a non-marital partner of either party will not be considered in determining temporary support. If unusual circumstances are found to exist, the new mate or third party income shall not be added to the payor/payee's gross income when calculating support. Rather, to the extent such income reduces a party's basic living expenses, such income will be considered a factor in rebutting the presumptively-correct amount of temporary child support under the state child support law or temporary spousal support under the Santa Clara Support Schedule.
(Adopted, eff. 07-01-98)

1416 SERVICE AND FILING OF INCOME & EXPENSE DECLARATION

1417 SERVICE AND FILING OF PAY STUBS

1418 SERVICE AND FILING OF SUPPORT CALCULATIONS

(a) [Declaration re Calculations of Support] In all matters where child support or temporary spousal support is at issue, a supporting declaration must be filed and served by each party which shall set forth (a) that party's calculation of child support under the state child support law; and (b) if spousal support is at issue, that party's calculation of temporary spousal support under the Santa Clara Support Schedules. The declaration, when taken together with the Income and Expense Declarations, shall contain admissible evidence establishing each fact necessary to the computation of support. Counsel are reminded that, in the absence of a computerized calculation of support, such declarations must also include admissible evidence establishing the applicable tax rates, taxes and tax calculations.

1. The calculations must be based on the computer program currently in effect, including the latest released amendments to that program.
    
2. The Court uses the DISSOMASTER program and will continue to update it as new versions are released. Pursuant to Evidence Code Sections 452(b), 453, 455(b) and 1500.5, the Court takes judicial notice of the provisions of the Internal Revenue Code, the Revenue & Taxation Code and applicable regulations, and the accuracy of the amount of applicable taxes calculated by the DISSOMASTER program.
    
3. If the DISSOMASTER program is used, the "Formal Report" (enter print menu and choose “Formal Report” with both guideline and proposed settlements for both spouses) must be submitted.
    
4. If the DISSOMASTER program is used, the default "settings" established in each new version of this software must be employed, thereby including: FICA, FICA Hospital Insurance, Federal Self Employment Tax, State Disability Insurance, State Income Tax, and Santa Clara Guideline Deductible Spousal Support. California shall be selected as the "Tax State," unless one of the parties resides in another state. The declaration must describe any differences in the assumptions ("settings") employed and those required by this Rule.
    
5. The computation shall: compute child support under state law; compute spousal support under the Santa Clara Support Schedule; allocate Child Care Expenses equally between the parents; not base Guideline Child Support on adjusted nets; adjust nets for tax consequences of spousal support in fixed shares; and release dependency exemptions via Internal Revenue Code Section 83327.
   
6. If a computer program other than DISSOMASTER is used, comparable assumptions and settings shall be used, and a comparable printout shall be provided.

1419 EXCHANGE OF ADDITIONAL FINANCIAL DOCUMENTS

(a) [Moving Party's Obligations] Absent issuance of a protective order, at the time of service of moving papers in any matter seeking child support, spousal support, attorneys fees or costs (other than matters commenced by the Department of Child Support Services under Family Code Sections 17402, 17404, 17400, 17416, 17420, the moving party shall also serve each of the following documents as are in the moving party's possession or control. These documents shall not be filed with the Court. However, exact duplicates of the documents served and a proof of service shall be available at the time of the hearing to be introduced into evidence if requested and admissible.

1. If the moving party is a wage earner or unemployed:

1. Copies of the last two years individual federal income tax returns, including all schedules;
    
2. Copies of all personal bank account statements for the last twelve months and copies of the last three pay stubs;
    
3. Copies of all W-2 and 1099 forms reflecting income received during the last 12 months but not attached to individual tax returns;
    
4. A copy of Local Rule 1419; and
    
5. A declaration explaining the moving party's failure to comply with any of the foregoing requirements.

1. Copies of the last two years individual federal income tax returns, including all schedules;
   
   
2. Copies of all W-2 and 1099 forms reflecting income received during the last 12 months but not attached to individual tax returns;
   
   
3. Copies of all periodic profit and loss statements and balance sheets prepared in the ordinary course of business for the last twelve months;
   
   
4. Copies of all business and personal bank account statements and corresponding check registers for the last twelve month;
   
   
5. Copies of all loan applications submitted within the past 12 months to financial institutions or third persons on behalf of the moving party;
   
   
6. A written offer to either supply copies of the business books and records requested by the opposing party upon five days notice or an offer to permit the opposing party or his attorney to inspect such books and records upon five days notice;
   
   
7. A copy of Local Rule 1419; and
   
   
8. A declaration explaining the party's failure to comply with any of the foregoing requirements.

3. If the moving party holds a 30% or more interest in any business entity:

1. Copies of the last two years individual federal income tax returns, including all schedules;
    
2. Copies of all W-2 and 1099 forms reflecting income received by the moving party or the business entity during the last 12 months but not attached to tax returns;
    
3. Copies of all periodic profit and loss statements and balance sheets prepared in the ordinary course of business for the business entity during the last twelve months;
   
   
4. Copies of all personal bank account statements and corresponding check registers for the last twelve months;
    
5. Copies of all loan applications submitted within the past 12 months to financial institutions or third persons on behalf of the moving party;
    
6. A written offer to either supply copies of the business books and records requested by the opposing party upon five days notice or an offer to permit the opposing party or his attorney to inspect such books and records upon five days notice; and
    
7. A copy of Local Rule 1419; and
    
8. A declaration explaining the party's failure to comply with any of the foregoing requirements.

(b) [Responding Party's Obligations] Absent issuance of a protective order, at the time of service of responsive pleadings in any matter seeking child support, spousal support, attorneys fees or costs, the responding party shall also serve each of the following documents as are in the responding party's possession or control or a declaration explaining the party's failure to comply with the following requirements. These documents shall not be filed with the Court. However, exact duplicates thereof and a proof of service shall be available at the time of the hearing to be introduced into evidence if requested and admissible.

1. If the responding party is a wage earner or unemployed, the same documents as are required to be served by the moving party under Rule 1419(a)1, unless such documents were previously served by the moving party.
    
2. If the responding party is self-employed, the same documents as are required to be served by the moving party under Rule 1419(a)2, unless such documents were previously served by the moving party. However, the responding party shall offer to either supply copies of the business books and records requested by the moving party upon two days' notice or offer to permit the moving party or his attorney to inspect such books and records upon two days' written notice.
    
3. If the responding party holds a 30% or more interest in any business entity, the same documents as are required to be served by the moving party under Rule 1419(a)3, unless such documents were previously served by the moving party. However, the responding party shall offer to either supply copies of the business books and records requested by the moving party upon two days' notice or offer to permit the moving party or his attorney to inspect such books and records upon two days' written notice.

(c) [Automatic Protective Order] Parties and counsel receiving documents served pursuant to this Rule shall not release such documents or disseminate any information contained in those documents to any third party, other than experts retained for the purposes of the family law proceeding.

(d) [Sanctions] Failure to serve documents in accordance with this Rule will result in the imposition of sanctions or orders to pay reasonable attorneys' fees occasioned by the failure to comply.
(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

1420 VOLUNTARY SETTLEMENT CONFERENCES

(a) [Court Participation; Prerequisites] In order to promote the early disposition of Family Law actions, and to reduce the cost of Family Law litigation, the Courts have adopted a voluntary settlement conference procedure. Voluntary participation in this procedure shall be a good faith attempt to settle one or more contested issues only after the parties have attempted to settle the issues themselves and when the parties are prepared fully to discuss the issues with the Court. This procedure shall not be used as a substitute for discovery, settlement discussions between the parties, or preparation for a mandatory settlement conference.

(b) [Filing of Joint Request] In order to participate in a Voluntary Settlement Conference, the parties shall file, in the department of the judge requested to hear the conference, a Joint Request for Voluntary Settlement Conference. The Joint Request shall contain:

1. Verification that the parties have met and conferred in a good faith effort to settle the contested issues; and that the probability of settling contested issues with the assistance of the Court is substantial.
    
2. A summary of the contested issues and the respective positions of the parties on those contested issues.

(c) [Calendaring the Conference] The calendaring of a Voluntary Settlement Conference will be at the discretion of the judge to whom the request is submitted. Setting of a Voluntary Settlement Conference shall not be grounds for continuance of a calendar call or trial.
(Adopted, eff. 07-01-98)

1421 AT-ISSUE MEMORANDUM

(a) [Time of Filing] In family law matters, a Joint Memorandum That civil Case Is At Issue (“Joint At-Issue Memorandum”) need not be filed within 210 days of the filing of the Petition. However, within 10 days of the request of any party to the action, all parties shall cooperate in the preparation and filing of a Joint At-Issue Memorandum. If an opposing party declines to sign the Memorandum within 10 days of request, the Memorandum may be filed with a declaration explaining the circumstances. The party opposing the filing of the At-Issue Memorandum shall bear the burden of filing a motion to set aside the At-Issue Memorandum.

(b) [Filing Requirements] Form SC2014 shall be used. It can be obtained on-line at www.sbcourts.org. At-Issue Memoranda containing short cause estimates shall not be accepted for filing unless also accompanied by:

1. a verification that all discovery has been completed;
    
2. a current property declaration, containing valuations for each asset and liability;
    
3. a current Income and Expense Declaration; and
    
4. a declaration verifying that the parties and their counsel (if any) have met, face to face, in an attempt to settle the action, or setting forth good cause for the failure to hold such a meeting.

(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

1422 SHORT CAUSE TRIALS

(a) [Definition] Short cause matters are those that can be heard in one day or less. These matters normally reach the short cause trial calendar when the parties file an at issue memorandum and estimate that the time required for hearing will take one day or less of courtroom time. Counsel should anticipate that one day's trial time is roughly equal to six hours of courtroom time. Cases that exceed the one-day limit may be declared a mistrial and placed on the long cause calendar without preference.

(b) [Setting for trial] Upon receipt of a properly completed At-Issue Memorandum, the calendar clerk shall set the matter for a Case Management Conference, at which conference the judge will set the case for trial.

(c) [Meet and Confer Requirement] Mandatory Settlement Conferences are not scheduled for Short Cause Matters; however, prior to trial, all parties and counsel shall have participated in a face-to-face meeting in an attempt to resolve the matter.

(d) [Documents to be Filed and Served in Short Cause Matters] No later than 2 court days prior to the Short Cause Calendar, each party shall file and serve:

1. A trial brief, setting forth: the date of marriage; the date of separation; the minor children of the marriage and dates of birth for each child; the proposed custody and visitation schedule; the proposed child support and spousal support; the community property assets and liabilities; the proposed division of property and proposals for equalization; requested attorneys' fees and costs; requested confirmation of separate property; and requested restraining orders and miscellaneous orders. The Brief shall also contain appropriate points and authorities as to issues which involve complex or novel points of law.
    
2. If financial matters are at issue and the Income and Expense Declaration on file is not current, a current Income and Expense Declaration;
    
3. Copies of the relevant Blue Book pages for all vehicles whose value is at issue;
    
4. In the event that the parties have been unable to divide their furniture, furnishings and personal effects by agreement, a jointly-prepared list of those items in dispute, including a description of each item, both parties' positions concerning value and character, and the proposed disposition of each asset; and
    
5. A summary of each party's claims for reimbursement or other charges (e.g., claims under In re Marriage of Epstein, In re Marriage of Watts or In re Marriage of Jeffries), listing each claimed item by date, payment amount and payee.

(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

1423 LONG CAUSE TRIALS

(a) [Definition] Long cause matters are those which either party asserts cannot be heard in one day or less.

(b) [Case Management Conference] After the filing of the At-Issue Memorandum in long cause cases, the parties will be notified of the date, time and place of a Case Management Conference. At the Case Management Conference, the matter will be assigned dates for a Mandatory Settlement Conference and a trial.

(c) [Mandatory Settlement Conference] All discovery (including that involving expert witnesses) shall be completed in advance of the date set for the Mandatory Settlement Conference. Each party and the trial attorney for each party shall personally attend the conference. California Rules of Court, Rule 227 provides that the failure of any person to prepare reasonably for, appear at, or participate in good faith in a settlement conference as required by local rules or order of the court is an unlawful interference with the proceedings of the court, punishable as contempt. Additionally, the court may order the non-performing party or counsel to pay the opposing party's reasonable expenses, including attorneys' fees, in addition to any other sanctions permitted by law. It is the Court's policy to avoid setting a family law Mandatory Settlement Conference before the same judge as will hear the Trial.

(d) [Documents to be Filed and Served Prior to Mandatory Settlement Conference] No later than 5 court days prior to the Mandatory Settlement Conference, both parties shall lodge with the court and serve on the other party:

1. A Mandatory Settlement Conference Statement which shall address all contested issues, and the party shall state a settlement proposal as to each contested issue. A recommended form for the Mandatory Settlement Conference Statement in the form is attached in the Appendix to these rules. The Statement shall be deemed confidential (except as it may relate to the later trial on the issue of attorneys' fees or costs) and shall be withdrawn from the Court file and returned to the submitting party at the end of the Mandatory Settlement Conference.
    
2. A current Income and Expense Declaration; and, if child or spousal support is an issue, a current Dissomaster printout showing what each party believes to be the appropriate levels of support.

(e) [Trial Date Assignment; Time Estimates] At the Case Management Conference the judicial officer to which the case is assigned will ordinarily determine the date for trial, and counsel are expected to provide accurate estimates of trial time.
(Adopted, eff. 07-01-98)

1424 FAMILY LAW TRIALS

(a) [Continuances] Once a trial date is set, no continuances will be granted except upon noticed motion for good cause shown in the department to which the case has been assigned. Counsel are advised that the calendar call is not the appropriate time to request continuances.

(b) [Presence of Counsel] Counsel shall be present at the time a matter is called for trial; failure to be present will be deemed sufficient cause for placing the matter off calendar, proceeding to hear the matter in the absence of counsel, or the imposition of sanctions.

(c) [Settled Cases] A case will not be removed from the trial calendar unless either: (a) a written settlement agreement covering all issues is submitted to the Court; or (b) the parties and counsel appear and recite an agreement covering all issues into the record in sufficient detail to enable the Court to enforce such agreement.

(d) [Exceeding Trial Time Estimates] Failure to complete a trial within the time estimate given at the time of the trial calendar call may result in a mistrial whenever the Court's calendar will be adversely affected by allowing time in excess of that estimated.

(e) [Language Interpreter] The party calling a witness for whom an interpreter is required shall provide, in advance, for the interpreter and shall be responsible for his or her compensation.

(f) [Conference With Trial Judge] At the mutual request of counsel, prior to the commencement of trial, the Court may hold a brief, in-chambers conference to resolve questions concerning the order of proof, motions in limine or other matters having to do with the mechanics of trial. The time necessary for any pre-trial conference will be deemed part of the trial time for the purpose of estimating long and short cause matters.

(g) [Marking Exhibits] Counsel shall contact the clerk of the judicial officer to whom the case is assigned, for instructions regarding the marking of exhibits.

(h) [Trial of Requests for Fees, Costs and Sanctions] It is the Court's policy to bifurcate trial of a request for attorneys' fees, costs or sanctions under Family Code Section 274 or Code of Civil Procedure Section 128.5 from all other issues before the Court, and to hear such matters after the conclusion of the trial. (Adopted, eff. 07-01-98)

1425 FORMAT OF JUDGMENTS

(a) [Specific Recitals] All orders concerning child custody, child visitation, child support, spousal support, injunctive relief, retention of jurisdiction, and attorney's fees, as applicable, shall be set forth as required by the Judicial Council Judgment form. The division of the community estate and confirmation of separate property, as applicable, however, may be set forth either in the body of the Judgment or in an attached agreement incorporated in the Judgment by reference.

(b) [Child Support Calculations] All orders for child support shall specify the amount of support for each minor child in accordance with Family Code §4055(b)(7).
(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

1426 PREPARATION OF JUDGMENTS

(a) [Approval of Judgment] The party ordered to prepare a Judgment shall serve the proposed Judgment on opposing counsel within 20 days of the order requiring preparation. Within 20 days of its receipt, opposing counsel shall approve the proposed Judgment or decline to approve the Judgment, stating alternative proposed language. If the parties are unable to agree on the language of the Judgment, then either party may request a hearing.

(b) [Failure to Approve Proposed Judgment] If the responding party fails to approve or object to the proposed Judgment within 20 days of its receipt, the party ordered to prepare the Judgment may then transmit the proposed Judgment to the Clerk for the Judge's signature, accompanied by a declaration, with a copy to the opposing party, setting for the applicable dates and explaining the circumstances.

(c) [Failure to Prepare Proposed Judgment] If the party ordered to prepare the Judgment fails to prepare and serve the Judgment as required, then the opposing party may prepare a proposed Judgment and transmit it to the Clerk for the Judge's signature, accompanied by a declaration, with a copy to the opposing party, setting forth the applicable dates and explaining the circumstances. (Adopted, eff. 07-01-98)

Chapter Fifteen - COURT PROCEDURES-CIVIL- FAMILY COURT SERVICES -

1500 OFFICE OF FAMILY LAW FACILITATOR

(a) [Office Established] An office for the provision of the services of Family Law Facilitator is hereby established in each Division of the Court, as required by the Family Law Facilitator Act, Division 14 of the Family Code.

(b) [Additional Duties] The attorney Family Law Facilitators appointed by the Court shall, in addition to the duties and services prescribed by Section 10004 of the Family Code, also provide and perform the duties and services permitted under Section 10005 (a) and (b) of the Family Code, if and as assigned by the Presiding or Assistant Presiding Judge supervising the Division to which the Facilitator is assigned. (Adopted, eff. 07-01-98)

1501 FAMILY COURT MEDIATION

(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 prior to any hearing on a contested issue of child custody or visitation. Mediation by Family Court Services is also required when a court order or Judgment provides for mediation at the request of either party, and when a Court has ordered mediation, even though no motion is pending.

(c) [Voluntary Mediation] Where a family law case has been filed, but no motion or OSC is pending, a mediation session may be scheduled upon the agreement of both parties to resolve any issue of custody or visitation.
(Adopted, eff. 07-01-98)

1502 CONFIDENTIALITY OF MEDIATION

1503 MEDIATION PROCEDURES

(a) [Scheduling Mediation] Mediation shall be scheduled by the party seeking resolution of the custody or visitation issue. Mediation is scheduled by calling the Mediation Appointment Secretary in Santa Maria at 614-6429 or in Santa Barbara at 882-4551. If the matter is not an emergency, then the scheduling party shall confer with the other party prior to scheduling a mediation to attempt to select a mutually acceptable date. In the event the parties cannot agree, the scheduling party shall set mediation at his/her discretion and it shall be the burden of the other party to seek a Court order changing the mediation date or time.

(b) [Notice of Mediation] Within 24 hours of obtaining an appointment for mediation, the scheduling party shall file and serve on the other party a Notice of Mediation in the form set forth in the Appendix to these Rules.

(c) [Cancellation of Mediation] Only the scheduling party may cancel a scheduled mediation. If the other party is unable to attend the scheduled mediation, that party must reach an agreement with the scheduling party to reschedule, or obtain a court order canceling or rescheduling the mediation. In the event that the mediation will not proceed on the scheduled date, the scheduling party must notify the Mediation Appointment Secretary no less than 3 days prior to the scheduled mediation. Failure to provide 3 days' notice of cancellation and/or failure to appear at a properly noticed mediation may result in the Court imposing sanctions against the responsible party or counsel.

(d) [Reports of Mediator] At the conclusion of mediation, the mediator shall advise the Court: whether a tentative agreement was reached in mediation; if no agreement was reached; whether further mediation should be or has been scheduled; if counsel should be appointed for the child; or if a custody investigation is recommended.

(e) [Agreements Reached in Mediation] If a tentative agreement has been reached between the parties, the mediator shall reduce the agreement to writing and present it to counsel 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.
(Adopted, eff. 07-01-98)

1504 PARTICIPANTS IN MEDIATION

(a) [Parties Required to be Present] The parties and their children are required to participate in mediation. Other significant persons may be included in the process, at the mediator's discretion. In cases of domestic violence a support person may be present at mediation as permitted by Family Code Section 5519.

(b) [Presence of Children] Children 5 years of age and older (as of the date of mediation) shall be present at mediation. The parent having the child with him/her on the date of mediation is required to bring the child. If the child is 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 5 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 at the mediator's discretion.

(c) [Participation of Counsel] Counsel shall be available by telephone during the entire mediation session. Counsel may be personally present at the commencement of mediation. The mediator may exclude attorneys from the mediation proceeding in the sole discretion of the mediator.

(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's role shall be limited to that of interpreting, not offering opinions or suggestions.
(Adopted, eff. 07-01-98)

1505 MEDIATION PROHIBITIONS; SANCTIONS

(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, whether held in Court facilities, or elsewhere.

(b) [Referrals to Attorneys] In the event that any party seeks a referral to an attorney, the mediator shall make no recommendation. In the South County, the mediator shall provide the party with a phone number for the Lawyer's Referral Service. In North County, the mediator shall provide the party with a phone number for the North County Bar Association.

(c) [Abuse of Process; Sanctions] The Court may impose sanctions against parties and counsel for abuse of the mediation process, 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.
(Adopted, eff. 07-01-98)

1506 CUSTODY EVALUATION PROCEDURES

(a) [Documents Required From Parties; Sanctions For Failure] When the court orders the preparation of a custody investigation report in a family law matter pursuant to Family Code §3111, each party shall complete and return to the Family Court Services Division a Custody Evaluation Instructions Packet consistent with Rule 1506(f). Failure to complete and return said documents to Family Court Services within ten (10) days of the date the report was ordered by the court may result in a sanction not to exceed $250.

(b) [Appointment and Referral for Investigation] The Court will determine the necessity for appointment of custody investigators and evaluators, and any stipulations by parties or counsel to such appointment must be approved by the Court. All Court appointments for custody investigations, evaluations and reports, except in cases in which the parties have otherwise stipulated to a private investigator-evaluator, will be made by referral to the Court’s Family Court Services unit, which unit will designate the qualified investigator-evaluator. No investigation shall proceed without such an appointment and referring order of the Court. As provided by statute, the Court will assess and apportion the cost of custody investigations between the parties, on an ability to pay basis.

(c) [Investigator Conflict of Interest Disclosure] All persons appointed to conduct custody investigations, (including those performed by Family Custody Services or those performed by private investigator-evaluators by stipulation and order), shall be subject to the same conflict of interest disclosure provisions of these Rules and of Standard 26 of the Standards of Judicial Administration, California Rules of Court, as are applicable to mediators. Such appointees shall also disclose any potential conflict of interest, or other reason for inability or unsuitability to serve in such capacity in the subject case. To every extent practicable, and except as may be stipulated by all parties and representing counsel, the appointment as custody investigator-evaluator of the same person who has served as a mediator in the same case, shall be avoided.

(d) [Alternate Investigator; Peremptory Challenges] Upon disclosure of conflict of interest or other inability or potential unsuitability for service by any prospective investigator-evaluator, the Court’s Family Court Services unit shall be so advised, and shall designate an alternate investigator-evaluator to serve in the case. Peremptory challenges of Court-appointed investigator-evaluators shall not be allowed.

(e) [Investigator Contact With Attorneys, Parents and Children] Following Court order of appointment and referral for a custody investigation, neither party nor counsel shall initiate ex parte contact with the Court-appointed investigator, subject to the ex parte contact prohibitions and restrictions of Rule 1257 (d) of the California Rules of Court. To every extent possible and practicable, both parents shall be interviewed by the investigator-evaluator. It shall be the normal practice that if the child(ren) is interviewed by the investigator-evaluator in the presence of one parent, the child(ren) shall also be interviewed in the presence of the other parent, either concurrently or subsequently, subject to the discretion of the investigator-evaluator. In the sole discretion of the investigator-evaluator, (taking into consideration the age of the child, the investigator-evaluator’s ability to communicate with the child, and other relevant factors), children who are subjects of custody investigations: 1) may be interviewed alone and/or with their siblings; and 2) the investigator-evaluator shall explain to each child interviewed, the limitations on the confidentiality of statements made to the investigator-evaluator during interviews.

(f) [Grievances Re: Court-Ordered Investigations] In all cases in which a Family Code §3111 custody investigation has been ordered, parties and counsel shall be furnished with a Custody Evaluation Instructions packet, which shall include the forms required by Rule 1506(a)of these Rules, and shall also include notification that there is a grievance policy with directions how to pursue a grievance. Parties having a complaint regarding a completed or pending custody investigation (including, but not limited to, alleged unprofessional or inappropriate acts on the part of the investigator-evaluator), shall register such grievance by completing the Client Complaint form, and filing it with the judge to whom the case has been assigned. A copy of the filed Client Complaint form shall also be provided to the Family Court Services unit in the Division of the Court where the case is pending. The Judge to whom the case has been assigned, shall review the complaint, attempt to resolve any complaints that are deemed to be justified and resolvable, and advise the complaining party or counsel of the disposition, either orally or in writing as expeditiously as possible. Parties or counsel who are dissatisfied with this disposition of their complaint, may notice an appropriate motion to that effect in the department of the judicial officer that ordered the custody investigation. The motion shall specify the remedy sought from the Court. (Adopted, eff. 07-01-98)

1507 PARENT EDUCATION PROGRAMS

(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 cases which are uncontested, shall attend and complete (once in said Family Law case), the mandatory parent education program entitled "Parent Education and Co-Parenting Effectively" (PEACE). Attendance by the parties shall be prior to the first to occur of the following events:

1. Expiration of sixty (60) days of service of the pleadings that commence the proceeding, for Family Law cases filed after January 1, 1996; or
    
2. Custody mediation provided through the Family Court Services Division of the Superior Court; or
    
3. Entry of any order or judgment involving custody or visitation.

(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 cooperate effectively. 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] There will be no fee for the program. Written instructions regarding the requirement of attendance and registration for the parenting education program shall be provided, on a court-approved form, by the Superior Court Clerk to any party filing any of the above described documents. A copy of these written instructions shall be served on the opposing party by the filing party at the time of service of the above-described documents.

(d) [Attendance Before Mediation; Exceptions] If any party has not completed the required parent education program by the date set for mediation, to the extent practicable, the mediation date may be reset to a later time to permit such party(s) to first attend the program. The mediator may, in his or her discretion, 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 said requirement per this rule), to sign a written stipulation, which will become a court order, requiring that party to attend the required program not later than a specified date.

(e) [Failure to Attend and Remedies]:

1. f a party does not attend the parent education program as required by this Rule, the other party may move the court for an order compelling that party to attend, and for an award of attorney fees or sanctions.
    
2. If one party does not attend the parent education program as required by this Rule, and the other party seeks the entry of any order or judgment involving custody or visitation of minor children, the party seeking such order shall first move the court for an order compelling the other party to attend the program and for an award of attorney fees or sanctions. If the court grants the order to compel and the other party does not comply, then the court may, upon application and a showing of good cause, enter the requested order or judgment.
    
3. If the court allows any order or judgment to be entered for good cause when one party has not completed the program, that non-complying party may not seek any affirmative relief with respect to any child-related issue(s) until: (a) that party has completed the program; or (b) that party obtains leave of court to proceed, by application to the court with a showing of good cause.

(f) [Exceptions to Requirement for Attendance]:

1. Nothing in this Rule supersedes the right of the parties to seek ex parte relief as provided in these Rules prior to attending the parent education programs.
    
2. The court may require and accept attendance by a party at an equivalent parent education program located in another county or state if the attendance at the local program is found to be a hardship to that party.
    
3. An order delaying or waiving the requirement of attendance at parent education program may be obtained from the court upon a showing of good cause.

(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. It is the responsibility of the attending party to (1) file it with the Superior Court Clerk's office or (2) present it to his or her attorney in order that the attorney may file it.

(Adopted 07-01-98. As amended, eff. 01-01-99, As amended, eff. 01-01-03; As amended eff. 07-01-08)

Editor's Note: 07-01-08 amendments delete Children In the Middle Program, adopt court provided "PEACE" program, and delete requirement of fee for participation in the program.

1508 CO-PARENTING ESSENTIALS PROGRAM ( COPE )

(a) REQUIREMENT TO ATTEND
The parties may be ordered to attend other parenting education, including, but not limited to, the Co-Parenting Essentials (COPE) program available in northern Santa Barbara County and programs offered by Child Abuse Listening and Mediation (CALM) in southern Santa Barbara County.   The parties shall attend when:

1. The court orders the Parties in a Family Law proceeding to attend the program because the court determines a high degree of conflict exists in accordance with the criteria set forth in Family Code §3190 as shown by numerous court proceedings, noncompliance with current orders, or chronic inability to communicate; or
    
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 Family Code §3190.
    
4. The court may also order parties to attend classes in child development, child psychology, parenting, and related topics at Allan Hancock College, Santa Barbara City College, or through adult education programs.

(b) PURPOSE OF PROGRAMS
The purposes of the programs are to:

1. Provide instructional counseling to the parents in order to reduce conflict.
    
2. Provide instructional counseling to the parents to ensure the children are not experiencing the conflict existing between their parents.
    
3. Provide instructional counseling to educate parents on new ways to communicate and solve problems with each other.
    
4. Provide instructional counseling to the parents regarding accountability under the existing court orders.
    
5. To improve understanding of child development, parenting skills and the effect of parental conflict on children.

(c) DESCRIPTION OF PROGRAMS
COPE is a structured educational counseling program presented in a group format. It is designed to serve a small number of parents per group. The sessions will be lead by a licensed mental health professional who possesses skill in working with groups. CALM provides counseling for individuals and families directed to the purposes described herein.

(d) REQUIREMENTS OF THE COPE PROGRAM

1. Parents shall be required to attend eight (8) weekly sessions of ninety (90) minutes each.
    
2. Parents shall be required to follow the ground rules for the program, meet all attendance and course requirements.
    
3. If all requirements are met, a certificate of attendance will be issued and placed in the court file.
    
4. The program instructor shall have the discretion to exclude from attendance any parent whom the instructor deems to be inappropriate.

(d) FAILURE TO COMPLY
Failure to comply with an ordered parenting education program shall result in the parent being ordered to repeat the entire program or such other action as the court may order.

(e) FEE FOR ATTENDANCE
The parties shall be assessed a fee to defray the cost of the COPE 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 CALM services or other parenting education shall be allocated pursuant to court order.

(f) INADMISSIBILITY
Statements made during parenting education by any attendee, instructor or either parent shall be inadmissible in future hearings. It is the court's policy to impose sanctions upon parties or counsel who attempt to introduce such statements into evidence.
(Adopted eff. 07/01/99; Amended eff. 07-01-08)

Chapter Sixteen - COURT PROCEDURES - CIVIL - MENTAL HEALTH -

1600 MENTAL HEALTH CASE CALENDARING

All Mental Health hearings and trials in the Santa Barbara County Superior Court will be calendared pursuant to direction to the Calendar Coordinator or Clerk of each Court Division, by the judicial officer to which the case is assigned, or by the Presiding or Assistant Presiding Judge; and will be reflected in daily calendar schedules publicly posted at the appropriate Divisions.
(As amended, eff. 01-01-99)

1601 CAPACITY HEARINGS FOR INVOLUNTARY MEDICATION OF PSYCHIATRIC PATIENTS (W&I Code §5332-5337)

(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 of the Superior Court, located in the Courthouse at 1100 Anacapa Street, Santa Barbara, California 93101, or with the Deputy Clerk of the Superior Court at the Psychiatric Health Facility (PHF), located at 315 Camino Del Remedio, Santa Barbara, California 93110, by 4:45 p.m. of each business day. The form of the Petition for Capacity Hearing shall be the form included in the Appendix to these Rules.

If the filing of the petition is at the Psychiatric Health Facility, the Deputy Clerk shall promptly call the Judicial Services Supervisor at the Courthouse for assignment of a case number, and shall thereafter electronically transmit a true facsimile (FAX) of the Petition to the Judicial Services Supervisor.

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

• Petitions filed on Mondays and Tuesdays shall be heard on Wednesdays.
• Petitions filed on Wednesdays and Thursdays shall be heard on Fridays.
• Petitions filed on Fridays shall be heard on Mondays.

1602 CAPACITY HEARING DETERMINATIONS

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 filings and documents of the capacity hearing to the Clerk of the Superior Court for retention as the official record according to law.
(Adopted, eff. 07-01-98)

1603  CAPACITY HEARING APPEALS

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

Appeals of capacity hearings determinations shall be filed with the Clerk of the Superior Court, located in the Courthouse at 1100 Anacapa Street, Santa Barbara, California 93101, or with the Deputy Clerk of the Superior Court at the Psychiatric Health Facility (PHF), located at 315 Camino Del Remedio, Santa Barbara, California 93110, by 4:45 p.m. of each business day.

If the filing of an Appeal is at the Psychiatric Health Facility, the Deputy Clerk shall promptly call the Judicial Services Supervisor at the Courthouse and shall thereafter electronically transmit a true facsimile (FAX) of the Petition to the Judicial Services Supervisor. Appeal case numbers shall be the same as the capacity hearing petition number.

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

(b) [Representation on Appeal] Upon request, or upon court order of the Court, 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 notice of the Appeal shall be provided to the Public Defender.
(Adopted, eff. 07-01-98)

1604  CAPACITY HEARING OFFICER QUALIFICATIONS & APPOINTMENT

1605  CERTIFICATION REVIEW HEARINGS FOR INVOLUNTARILY DETAINED PSYCHIATRIC PATIENTS

(W&I Code §5250 et. seq., §5260 et. seq., §5270.15 et. seq.)

(a)(1) [Requirement for a Notice of Certification] To detain, involuntarily, in a facility designated by Santa Barbara County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation, a person, involuntarily placed under W&I Code §5150 in such a 72-hour treatment and evaluation facility, for up to 14 days of intensive treatment (W&I Code §5250); or for up to an additional 14 days of intensive treatment for suicidal persons (W&I Code §5260); or for up to an additional 30 days of intensive treatment for gravely disabled persons (W&I Code §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. (W&I Code §5251, 5261 and 5270.20)

(b) [Form of Notice of Certification] The Notice of Certification forms for W&I Code §5250 and §5270.15 are set forth in W&I Code §5252 with the distinction between the code section being the number of days specified for the involuntary period of intensive treatment. The Notice
form for W&I Code §5260 is set forth in §5262. Both forms are included in the Appendix to these Rules.

(c) [Notice to the Court] Upon the completion of Notice of Certification form by the two professionals through filling in the appropriate data and affixing their signatures, the treating facility shall visibly place an identification number in the top portion of the Notice form. A copy of the form shall then be promptly electronically transmitted (FAX) to the Clerk of the Superior Court at the Courthouse. The originally form shall be personally delivered to the Deputy Court
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 §5250 shall be personally delivered to the Director of the approved treatment facility or his or her designee and to the patient certified. Copies shall be promptly provided either personally or by electronic transmission (FAX) to the patient’s counsel, if any, the patient rights advocate and such other person(s) as the patient designates. (W&I Code §5253) For the additional certifications under W&I Code §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 are to be held within four 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. Thus a patient certified under W&I Code §5250 also shall have a certification hearing within seven days of the original involuntary admission to the treatment and evaluation facility under the committing
W&I Code §5150.

(e)(2) Hearings may be postponed up to 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.
(Adopted eff.07-01-99)

1606  CERTIFICATION REVIEW HEARING DETERMINATIONS

1607  CERTIFICATION REVIEW HEARING APPEALS

(a)(1) [Appeal of Certification Review Hearing Determination] Appeals of certification review hearings shall be filed with the Clerk of the Superior Court, located in the Courthouse at 1100 Anacapa Street, Santa Barbara, California 93101, or with the Deputy Court Clerk assigned at each facility designated by Santa Barbara County and approved by the State Department of Mental health as a facility for 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 Judicial Services Supervisor or his or her designee at the Courthouse for assignment of a case number and shall thereafter electronically transmit a true facsimile (FAX) of the Appeal to the Judicial Services Supervisor or his or her designee.

(a)(3) The Court Clerk or the Deputy Clerk at an approved treatment facility, upon the filing of an Appeal, shall promptly provide a copy of the Appeal, either personally or by electronic transmission (FAX) to the Director of the treatment facility or his or her designee, the patients right advocate, the patient’s counsel, if any, the Public Defender and the County Counsel.

(b) [Representation on Appeal] Upon request, or upon court order of the Court, the Public Defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from certification review determinations.
(Adopted eff. 07-01-99)

1608  CERTIFICATION REVIEW HEARING OFFICER QUALIFICATIONS AND APPOINTMENTS

The certification review hearing shall be conducted by either a court-appointed commissioner or a 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 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 local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program 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 certification review hearing officer.
(Adopted eff. 07-01-99)

Chapter Seventeen - COURT PROCEDURES - CIVIL - PROBATE -

1700 PROBATE CASE CALENDARING

1701 PROBATE CALENDARING PROCESS

(a) [Venue] The calendaring of all Probate matters shall be done on the basis of the residence address of the decedent, and within the Court’s jurisdictional boundaries as established by Chapter Two of these Rules.

(b) [Probate Tentative Rulings] Most uncontested probate matters may be submitted on verified petitions and accounts pursuant to Section 1022 of the Probate Code.  The judge assigned to hear a probate calendar will review all documents prior to the hearing date and will tentatively approve those matters, which are in proper form and to which no objections have been made. Those matters which are not in proper form or to which the Court reasonably expects that objections may be made when the matter is called on the calendar, or to which the Court has objections or concerns of its own, will not obtain a tentative approval by the Court, and appearance will be required at the hearing. The Court will prepare a list of all cases to be called on the probate, conservatorship and guardianship calendars, along with a designation of whether each case is tentatively approved or that a tentative ruling will not be issued on that matter. The list will appear on the Court’s Internet web site, and will be posted by 3:00 PM of the day preceding the hearing.

(c) [Objections to Pre-Approved Matters] At the time for hearing, each of the matters on calendar will be called. If an objection is when a case is called, the Court will set the matter for a hearing on a future date, to allow for the filing of written objections.  If no objections are made when a matter is called, or if written objections are not on file at the time of any new hearing date, the tentative ruling will be deemed the final order. 

(d) [Proposed Probate Orders] Proposed orders or judgments shall be submitted on or before noon at least one week prior to the hearing.
(Adopted 07-01-98. As amended, eff. 01-20-05)

1702 EXECUTORS AND ADMINISTRATORS

(a) [Petition for Letters] Petition shall be approved on the Judicial Council form and shall have attached, as an exhibit, a legible copy of each document offered for probate. If the original will is attached to the petition, a legible copy is not required. In the case of a holographic will, a typed copy of the document shall be attached in addition to a copy of the handwritten original.

(b) [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 no mailing is required a statement to that effect should appear on the proof of service. In the South County Civil Division, publication may be arranged for by the clerk of the Superior Court in the Santa Barbara News Press. Notices for publication are picked up from the clerk’s office on Wednesday at noon by the News Press.

(c) [Proof of Wills] Ordinarily, oral testimony will not be necessary to prove the will. In any uncontested proceeding, the evidence of one or more subscribing witnesses may be received by declaration or affidavit on the approved Judicial Council form.

(d) [Foreign Wills; Ancillary Probate] A petition to probate a foreign will must have attached a certified copy of the will and a certified copy of the order or decree admitting the will to probate outside this jurisdiction. If the will has been admitted to probate in a foreign country, the copies must be certified in the manner set forth on Sections 1530 of the Evidence Code and Section 361 of the Probate Code.
(Adopted, eff. 07-01-98)

1703 BOND OF PERSONAL REPRESENTATIVE

(b) [When Required] Bond shall be required in all cases unless waived by the will. Waiver of bond by heir and/or beneficiaries pursuant to Section 8480 and 8481(a)(2) of the Probate Code, will be considered by the court and permitted on a case by case basis. If required, the bond must be approved by the judge after it is filed and before Letters are issued.

(d) [Amount of Bond] Upon filing the Inventory and Appraisement, 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, if required.

1704 INVENTORY AND APPRAISEMENT

(a) [Deadline for Filing] Probate Code Section 8800requires the Inventory and Appraisement to be filed within four (4) months after the appointment or within such further time as the court may allow after a showing of good cause. If the personal representative neglects or refuses to file the inventory within the time prescribed, the court, upon notice, may revoke the personal representative's letters.

(b) [Preparation of Inventory] The Inventory and Appraisal shall conform to the requirements of Probate Code Sections 8850 and 8900. Each inventory item shall be clearly and concisely described in the manner set forth in the current version of the Probate Referee’s Procedure Guide published by the California Probate Referee’s Association. In the case of real property, the full legal description, street address, and assessor’s parcel number shall be included.
(Adopted, eff. 07-01-98, amended eff. 07-01-00)

1705 CREDITOR'S CLAIM

(b) [Claims Filed with the Court] The personal representative shall allow or reject the claim by endorsement on the original, or by filing a separate allowance or rejection of the claim.
(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

1706 SALES OF REAL OR PERSONAL PROPERTY

(a) [Forms] Petitions to Confirm Sales of Real Property shall be on the Judicial Council approved forms. Care must be taken to complete all applicable forms. Failure to do so may require continuance or re-notice of the petition.

(b) [Brokers 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.

(c) [Real Property Descriptions] Petition to Confirm Sale of Real Property shall in addition to the legal description, contain the street address or other familiar designation of property, and the County Assessor ’s parcel number for the property.

(d) [Appearance by Attorney for Sales Confirmation] In 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.

(e) [Sale of Personal Property; Appraisal] Sales of personal property will not be approved or confirmed by the Court, unless the property has been appraised. When necessary, a partial inventory and appraisement may be filed for this purpose.

(f) [Additional Bond at Sale] The Petition to Confirm Sale must set forth the amount of additional bond required as a result of the sale, or if the bond is waived or if no additional bond is required, must contain a statement to that effect.

(g) [Approval of Overbid on Credit Sales] If the sale returned for confirmation is upon credit, a higher bid pursuant to Probate Code Section 10262, whether on the same or additional credit terms, shall not be approved unless the personal representative or the personal representative's attorney, informs the court that the overbid is acceptable.
(Adopted, eff. 07-01-98)

1707 ACCOUNTS OF EXECUTORS AND ADMINISTRATORS

(a) [Waiver of Account] The court will approve a final distribution without an account only when there has been strict compliance with Section 10954 of the Probate Code.
(Adopted, eff. 07-01-98, amended 07-01-00)

1708 FEES OF EXECUTORS AND ADMINISTRATORS

(a) [Basis for Computation] Whether or not the accounting is waived, the Petition for Distribution shall state the amount of the statutory commissions requested to be paid to the personal representative and to the attorney. The petition shall set forth the basis and the computation of the statutory fees.

(b) [Allowance on Account of Fees] Allowances on account of statutory fees will be granted only in accordance with the actual work completed. 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.

(c) [Extraordinary Fees] Any application for fees for extraordinary services must set forth with particularity the nature of the extraordinary services rendered. In cases where the statutory fees are substantial, the court will consider the statutory fees in determining whether extraordinary fees are appropriate. (See Estate of Walker, 221 Cal.App.2d 792 and Estate of Buchman, 138 Cal.App.2d 228). Fees will not be allowed for services rendered with respect to non-probate assets such as life estates, joint tenancy, life insurance, etc.
(Adopted, eff. 07-01-98)

1709 PRELIMINARY AND FINAL DISTRIBUTION

(a) [Petition Detail] The Petition for Distribution must list and describe in detail all property to be distributed either in the body of the petition or by a schedule attached to the petition and incorporated by reference. Description by reference to the inventory is not acceptable.

(b) [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. If the distributee is a minor, the age and date of birth must also be listed and a guardian, trustee, or parent must be identified.

(c) [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.

(d) [Character of Community/ Separate Property] All Petitions for Distribution shall contain an allegation as to the character of the property whether separate or community.

(e) [Judgment of Distribution] Judgments should be drawn so as to set forth the full plan of distribution. Judgments shall be complete in themselves and may not contain distribution plans which refer to the petition or any other document.

(f) [Distribution to Minors] If distribution to minors pursuant to Sections 3401 or 3412 of the Probate Code is requested, documents indicating compliance with those sections must be filed before the Judgment of Distribution is signed. In all other cases of distribution to the guardian of the minor, the guardian shall sign the Receipt of Distribution.

(g) [Debts] Each Petition for Final Distribution shall contain an allegation which will enable the court to determine whether or not the personal representative has complied with the provisions of Section 11640 of the Probate Code concerning payment of the debts of the estate.

(h) [Non-Resident Beneficiaries] If distribution is to be made to a non-resident beneficiary, the certificate required by Section 19513 of the Revenue and Taxation Code, must be filed before Judgment of Distribution will be signed.
(Adopted, eff. 07-01-98)

1710 CONTESTED MATTERS; ORAL OBJECTIONS

If an oral objection is made at the hearing on any petition, the court shall continue the hearing for a reasonable time to allow the filing of written objections. If the written objections are not filed within the forty-eight (48) hours prior to the prescribed hearing date, the hearing will nevertheless proceed.
(Adopted, eff. 07-01-98, amended eff. 07-01-00)

1711 OTHER PETITIONS AND ORDERS

Petitions for Family Allowance for the benefit of persons other than the surviving spouse and/or minor children will be heard on the regular probate calendar and will be considered only if notice has been given as required by Section 6541(c) of the Probate Code.

Petitions for Family Allowance made more than six (6) months after the administrator or executor has qualified must be notified and placed on the regular probate calendar. All Orders for Family Allowance must be limited to a specific period of time. The petition of the spouse seeking a family allowance shall contain a description of his or her separate property and a statement of such spouse's income from sources other than the estate. The petition must contain an itemized estimate of monthly expenses. Any petition for the benefit of any other person shall contain similar information.

(b) [Petition for Instructions] Petitions for Instructions are limited to those matters for which no other procedure is provided. They cannot be used in lieu of a Petition to Determine Heirship or a Petition to Determine Title to Property of a Petition for Distribution.The Petition for Instructions should set forth the matter on which the personal representative desires instructions in precise detail. The petition shall be accompanied by a proposed Order of Instructions which set forth the instructions in clear and explicit language.

(c) [Ex Parte Probate Orders] All requests for Ex Parte Orders must state whether or not a Request for Special Notice has been filed. If a request for Special Notice has been filed, notice must be given to the party requesting special notice or a duly executed Waiver of Notice must be filed.

(d) [Orders Correcting Clerical Errors] If, through any inadvertence, the Minute Order or the signed Decree fails to state the order actually made by the court, and such inadvertence is brought to the attention of the court by affidavit, the court will on its own motion make a nunc pro tunc order correcting the mistake.The nunc pro tunc order must not take the form of an amended order and should be in substantially the following form:"Upon consideration of the affidavit or declaration of __________, to correct a clerical error, the (title of order to be corrected), is corrected on the court's own motion by striking the following: '________________' and by inserting in lieu thereof" '____________________________'."The original order is not to be physically changed by the clerk, but is to be used in connection with the nunc pro tunc order correcting it. To prevent further errors, a complete clause or sentence should be stricken even if it is intended to correct only one word or a single figure.

(e) [Order Prescribing or Dispensing With Notice] An order prescribing or dispensing with notice should be submitted to the probate judge before the petition is filed. The proposed order should be accompanied by a declaration and points and authorities in support of the order re notice.

(f) [Spousal Property Petition] Any Spousal Property Petition filed with the court must be supplemented with a separate Declaration Regarding Marital History and Property in support of the petition including: Date of the marriage of the deceased and surviving spouse; the court and case number of any legal proceeding regarding the marriage or assets of the deceased and surviving spouses, the history of the purchase of each assets itemized on the Spousal Property Petition including source of funds or loans, title to asset, etc. The declaration shall be executed by the surviving spouse under penalty of perjury.
(Adopted, eff. 07-01-98, amended eff. 07-01-00)

1712 GUARDIANSHIPS

(a) [Contents of Petition] The Petition for Appointment of Guardian shall be on the form prescribed by the Judicial Council and shall comply with the provisions of Section 1510 of the Probate Code. Petitions by only one parent for Letters of Guardianship must be personally served on the other parent, together with notice of the hearing, at least fifteen (15) days before the said hearing unless: The petition is accompanied by a Consent to Appointment and Waiver of Notice signed by the other parent; or the petition sets forth the fact that the other parent is not living.In any guardianship of the person a declaration under the Uniform Child Custody Jurisdictional Act shall be filed with the petition for appointment and at any time there is a change of address or the minor.

(b) [Notice] Notice shall be given by counsel for the petitioner to the persons listed, and in the manner set forth in Sections 1460 and 1511 of the Probate Code.

(c) [Investigation] An investigation shall be conducted pursuant to the provisions of Probate Code Section 1513. The court investigator shall conduct an investigation and report to the court prior to the appointment of a guardian.

(d) [Inventory and Appraisement] The court insists upon strict compliance with Section 2610 of the Probate Code. An inventory must be filed by the guardian of the estate in all cases. Where there are no assets on hand, the inventory should so indicate. Each inventory item shall be clearly and concisely described. In the case of real property, a full legal description, street address, and assessor ’s parcel number must be included.

(e) [Accounts] The account should detail all receipts and all disbursements of the guardian. If an item is not self-explanatory, an explanation must appear either in the account or in the report accompanying the account. Accounts should conform to the requirements set forth in this rule.

(f) [Frequency of Accounts] The first account must be filed one year from the date of appointment. Thereafter, accounts must be filed bi-annually unless otherwise ordered by the court. The court will insist upon strict compliance with Section 2620 of the Probate Code.

(g) [Reports Accompanying Accounts] The petition and account accompanying the guardian's accounts should contain a statement of the age, health, activity and whereabouts of the ward with an explanation of any unusual items appearing in the account. If the account shows expenditures not authorized by prior order of the court, the court will require supporting declarations or testimony before approving said account.

(h) [Support Obligation of Parents] In all cases where guardianship funds are to be used for the ordinary expenses of supporting a minor, and where there is a parent living who has the obligation to support the minor, the guardian must obtain court approval prior to the expenditure of funds. A Petition for Authority to Expend Funds for Support may be included in the Petition for Appointment of a Guardian, or in any subsequent report of the guardian. Such requests must be accompanied by a detailed explanation (including financial statements, if necessary) of the parent's inability to support the child.

(i) [Allowance of Fees] No Petition for Fees will be considered until the inventory and appraisement has been filed. Any Petition for Fees made pursuant to Section 2640 of the Probate Code before the filing of the first accounting must be by a complete and detailed statement of the services rendered which support the fee requested.

(j) [Bond] A bond will not be required when the petition is for appointment of guardian of the person only. Bond will be required of all persons appointed as guardians of the estates of minors unless the guardian can establish that the requirement of bond should be dispensed with pursuant to the provisions of Sections 2323, 2324 or 2328 of the Probate Code.

(k) [Investments by Guardian] The court will not routinely grant the additional powers to the guardian pursuant to Sections 2590 and 2591 of the Probate Code. If a guardian wishes to invest or expend funds belonging to the ward, the guardian should petition the court with respect thereto before doing so. If expenditures or investments are made by the guardian without prior authorization, such acts will not be considered for approval except on settlement of account. Except in rare and unusual cases, the accompanied court will not approve investment in unsecured loans or loans to a near relative unless secured.

(l) [Final Account] The court does not favor the waiving of the guardian's Final Account by the ward when the ward has reached majority. A guardian's report will normally not be approved if accompanied by a Waiver of Account unless the ward is present in court and available to testify.
(Adopted, eff. 07-01-98)

1713 TEMPORARY GUARDIANSHIPS / TEMPORARY CONSERVATORSHIPS

(a) The petition for Appointment of a Temporary Conservator/Guardian may be brought ex parte provided that the notice provisions of Probate Code Section 2250(c) are satisfied, either by giving notice or by submission of a declaration showing facts sufficient to allow the court to determine that good cause exists to eliminate or alter the notice requirements, and provided that the following information is submitted;

1. The original and copy of the petition and proposed order;
2. A detailed statement of facts in the petition establishing the necessity for the temporary guardianship/conservatorship; and
3. An endorsed filed copy of the petition for appointment of the permanent conservator/guardian. If the attorney is informed that the petition for appointment of a permanent conservator/guardian will be contested, all known potential objectors shall be notified at least twenty-four (24) hours in advance of the time and place the petition for appointment of the temporary conservator/guardian will be presented.

1714 CONSERVATORSHIPS

(a) [Contents of Conservatorship Petitions] The Petition for Appointment of Conservator shall be on the form prescribed by the Judicial Council and shall comply with the provisions of Section 1821 of the Probate Code. Care should be taken to complete all appropriate portions of the petition. At the time of the filing of the petition, the petitioner shall provide to the clerk an extra copy of each document filed and delivered to the court, including an Order Appointing Court Investigator, for further delivery to the Court Investigator.

(b) [Notice of Hearing] The petitioner or petitioner’s attorney shall be responsible for preparation of notice of hearing and where notice of hearing and where notice by mail is required to be given, petitioner or petitioner’s attorney shall give notice and file a proper proof of service.

(c) [Letters of Conservator] Prior to the Letters of Conservator being issued, individual conservators shall take the prescribed oath of office as conservator and sign, date and file the Letters of Conservatorship with the court anytime during the conservatorship hearing.

(d) [Duties of Conservator] Prior to the Letters of Conservatorship being issued, individual conservators shall purchase and read the "Handbook for Conservators," and complete and file with the clerk of the court the Duties of the Conservator form. Individual conservators shall not complete the Duties of Conservators form with their Social Security Numbers of Driver’s License numbers; these lines on this form shall be left blank. Private professional conservators as defined in Probate Code Section 2341 are not required to purchase the handbook.

(e) [Conservatorship Inventory and Appraisement] The court insists on strict compliance with the provisions of Section 2610 of the Probate Code which require the filing of the inventory and appraisement within ninety (90) days of the appointment. Each inventory item shall be clearly and precisely described. In the case of real property the full legal description, street address and assessor’s parcel number must be included.

(f) [Conservatorship Accounts] Conservatorship accounts must conform to the requirements of the Probate Code for Probate accountings. The hearing on the account shall be set no sooner than forty-five (45) days from the date of filing to allow the Court Investigator sufficient time to complete the investigation.

If the guardian or conservator is a private professional or licensed guardian or conservator, the guardian or conservator shall lodge all original account statements showing the balance as of all periods covered by the accounting. Documents lodged pursuant to this local rule will be retained until the court's determination of the guardian's or conservator's account has become final, at which time the documents shall be returned to the depositing guardian or conservator or delivered to any successor appointed by the court.

(g) [Conservatorship Investigation Costs] In any Conservatorship case where a Court investigator has been appointed, the court will require evidence of compliance with the provisions of Section 1851.5 of the Probate Code regarding the assessment of the cost of the investigation, before a conservatorship is terminated and the conservator discharged.

(h) [Appointment of Counsel for Conservatee]. If the court determines that it is in the best interests of the conservatee, or the conservatee requests, the appointment of counsel for the conservatee, the court shall appoint counsel from the list of attorneys willing to accept such appointments maintained by the probate clerk, any other attorney appropriate for such appointment or the public defender’s office. Within forty-eight (48) hours of appointment, the court shall order a "meet and confer" for all counsel involved in the conservatorship proceeding, in person or by telephone.

(Adopted, eff. 07-01-98, amended eff. 07-01-00; amended eff. 01-01-08)

Chapter Eighteen - COURT PROCEDURES - CIVIL - SMALL CLAIMS -

1800 SMALL CLAIMS CASE CALENDARING

All Small Claims hearings and trials in the Santa Barbara County Superior Court will be calendared pursuant to direction to the Calendar Coordinator or Clerk of each Court Division, by the judicial officer to which the case is assigned, or by the Presiding or Assistant Presiding Judge of the Court; and will be reflected in daily calendar schedules publicly posted at the appropriate Divisions.
(Adopted 07-01-98. As amended, eff. 01-01-99)

1801 SMALL CLAIMS DISPUTE RESOLUTION

1802 CONTINUANCES OF SMALL CLAIMS CASES

Chapter Nineteen - COURT PROCEDURES - CRIMINAL -

1900 CRIMINAL CASE CALENDARING

All Criminal hearings and trials in the Santa Barbara County Superior Court will be calendared pursuant to direction to the Calendar Coordinator or Clerk of each Court Division, by the judicial officer to which the case is assigned, or by the Presiding or Assistant Presiding Judge of the Court ; and will be reflected in daily calendar schedules publicly posted at the appropriate Divisions.
(Adopted 07-01-98. As amended, eff. 01-01-99)

1901 STAFFING, AVAILABILITY, PREPARATION; PROSECUTION AND DEFENSE

The timely availability of counsel is essential to the Courts’ effective management and disposition of Criminal cases within established time standards; and Criminal matters may not properly proceed in the absence of prosecution and defense counsel who have all necessary authority, preparation and ability to act. For this reason, the offices of District Attorney, Public Defender and all contract defense counsel, shall provide such sufficient, and sufficiently prepared, attorneys, as necessary to assure that Criminal proceedings in the Court are not unreasonably delayed on a regular basis, for lack of the presence of prepared counsel.
(Adopted 07-01-98. As amended, eff. 01-01-99)

1902 BAIL / OWN RECOGNIZANCE SERVICES

The Court has established, in both the North and South geographic jurisdictions of the County, a Bail and Own Recognizance Unit for investigation and processing of requests for setting of Bail and appropriate releases of arrestees on own recognizance, and for recommendation to the Courts. This unit serves under direction of the Court, and provides the primary contact for arrested parties and law enforcement agencies with the Courts’ "after hours" duty judges, for issuance of emergency orders, arrest and search warrants, own recognizance releases and setting of bail in accordance with established Court Bail Schedules. The Bail / O.R. Unit shall advise appropriate law enforcement agencies of the necessary procedures and contact phone numbers for these processes.
(Adopted 07-01-98. As amended, eff. 01-01-99)

1903 SETTING OF OWN RECOGNIZANCE / BAIL REVIEW HEARINGS

1904 MANDATORY APPEARANCES

(a) [Felony Defendants] Except upon approval of the Court pursuant to Penal Code Section 977(b), a felony defendant must be personally present at all scheduled appearances, and at any other time ordered by the Court. No felony case or hearing is to be canceled or continued except after hearing in open court with the defendant present.

(b) [Misdemeanor Defendants] Misdemeanor defendants may appear in person or by counsel, at all scheduled court hearings. To facilitate appropriate and timely disposition of all cases, as now mandated by Section 2.3 of the Standards of Judicial Administration and the California Rules of Court, defendants should be personally present at all pre-trial conferences unless prior to said PTC date, the defendant has fully executed a proper "Tahl" form indicating pleas entered. If defendant pleas by way of submitted "Tahl" form, s/he will be sentenced in absentia on the PTC date and defendant's attorney will sign for a copy of the probation order. All defendants must be personally present at the Trial Confirmation Conference, unless prior to said Trial Confirmation Conferences, and in open court, they have executed a Waiver of Personal Appearance for Trial. Defendant may appear in person or by counsel at all other scheduled appearances unless the Court, in it's discretion, orders defendant to be personally present.

(c) [Attorney of Record] The attorney of record in any case, misdemeanor or felony, must be personally present for all court scheduled appearances, unless prior authorization to be absent is granted by the court.
(Adopted, eff. 07-01-98)

1905 ENTERING PLEA OF GUILTY OR NOLO CONTENDERE

1906 SPECIAL CUSTODY ARRAIGNMENT SESSIONS

1907 NOTICE OF MOTION; POINTS AND AUTHORITIES

1908 DISCOVERY REQUIREMENTS

1909 CRIMINAL CASE MANAGEMENT CONFERENCE; ATTENDANCE

1910 DISPOSITION OF CASES AFTER CASE MANAGEMENT CONFERENCE

1911 MOTIONS TO MODIFY PROBATIONARY SENTENCE OR COURT ORDER

1912 SETTING OF HEARINGS ON VIOLATION OF PROBATION

Chapter Twenty - COURT PROCEDURES - JUVENILE -

2000 JUVENILE CASE CALENDARING

2001 JUVENILE COURT PROCEDURES; PRESIDING JUDGE

2002 FACILITIES FOR DETENTION OF MINORS

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

Information regarding the location and availability of space for Section 300 minors in South County (as defined by these Rules) shall be obtained by calling the Santa Barbara County General Hospital switchboard, 6814200, and asking for a Protective Service Worker; and in the North County (Santa Maria area) by calling the Santa Barbara Sheriff's Department, Santa Maria Branch, 934-6160 or 346-7100 (after hours), and asking for a Protective Service Worker; and in the Lompoc area by calling the Santa Barbara Sheriff's Department, Lompoc Branch, 737-7737, and asking for a Protective Service Worker, (when Lompoc Sheriff’s Branch Office is closed, contact the Santa Maria Sheriff‘s Branch Office and ask for the Lompoc Protective Service Worker).

Information regarding the locations and availability of space for Section 601 minors shall be obtained in the South County by calling the Santa Barbara Juvenile Hall, 967-1264, and in the North County by calling the Santa Maria Juvenile Hall 934-6270.

(b) [Sec. 602 W&I Code Minors] Minors taken into temporary custody as persons described by the provisions of Section 602 of the Welfare and Institutions Code shall be delivered to and initially detained at the Santa Barbara Juvenile Hall located at 4500 Hollister Avenue, in those instances wherein the minor has been taken into temporary custody within the geographical limits of the South County portion of Santa Barbara County.

Minors taken into temporary custody as persons described by the provisions of Section 602 of the Welfare and Institutions Code shall be delivered to and initially detained at the Santa Maria Juvenile Hall located at 812 B West Foster Road, in those instances wherein the minor has been taken into temporary custody within the geographical limits of the North County of Santa Barbara County.
(Adopted, eff. 07-01-98)

2003 TRANSPORTATION AND DELIVERY OF MINORS

2004 INFORMATION TO BE PROVIDED AT TIME OF DELIVERY

2005 PROBATION DEPARTMENT DETENTION / RELEASE DECISIONS

The Probation Department shall insure, at both Santa Maria and Santa Barbara Juvenile Halls, that a person authorized to make the following release/detention decisions for minors received by the Probation Department is on duty 24 hours a day, seven days a week. The criteria specified by the Welfare and Institutions Code shall be the standard used by said authorized person in making detention and release determinations, including but not limited to the following:

1. (a) Designate placement of alleged Section 601 minors at a non-secure detention facility in response to inquiries by law enforcement agencies.
2. (b) Release minors taken into temporary custody to a parent, guardian or responsible relative.
3. (c) Arrange placement in a non-secure facility for alleged Section 602 minors who do not need 24 hour secure detention but who fall within the conditions of Paragraphs (1) (2) (3) or (4) (DI: Section 628, Welfare and Institutions Code.
4. (d) Release to a parent, guardian or responsible adult appropriate alleged 602 minors who do not need twenty-four hour secure detention and who do not fall within the conditions of Paragraphs (1)(2)(3) or (4) of Section 628, Welfare and Institutions Code. Such release shall be on Home Supervision under terms and conditions agreed to in writing by said minor)
5. (e) Detain in secure detention alleged Section 602 minors who meet criteria of Section 628, Welfare and Institutions Code.

(Adopted 07-01-98)

2006 RESERVED

2007 FILING OF JUVENILE PETITIONS

(a) [Filing Locations] The filing of all Juvenile petitions and transfer-ins are to be made at the Clerk of Superior Court office located at 4500 Hollister Avenue, Santa Barbara for the South County filings, and at the Juvenile Court facility at 812-B West Foster Road, Santa Maria, for North County filings.

In the North County, materials filed with the Clerk of Superior Court at locations other than the Clerk's juvenile branch Office shall be received, dated and transmitted forthwith by the receiving Clerk of Superior Court to the appropriate Clerk's juvenile branch office. In addition, the receiving Clerk of Superior Court office in the North County, if other than a juvenile branch office, shall immediately, upon receipt of a petition or transfer-in for a detained minor, telephone the appropriate juvenile branch office to inform that branch office of the filing.

(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 clerk’s office serving the respective south county or north county Division jurisdiction within which occurred the alleged circumstances of the petition.
(Adopted, eff. 07-01-98, As amended, eff. 01-01-03)

2008 JUVENILE PROBATION AND SOCIAL SERVICES REPORTS

Consistent with provisions of the California Rules of Court, social study reports, whether prepared by the Probation Department or the Welfare Department, shall be made available to the Juvenile Court and all parties, or counsel within a reasonable time prior to the date fixed by the court for the disposition hearing. Such reports shall be filed in the same manner as Juvenile petitions, and, in the north county, social study reports filed with the Superior Court Clerk at locations other than Clerk's Juvenile Branch offices shall be transmitted forthwith by the receiving Superior Court Clerk to the appropriate Clerk's Juvenile Branch office. The receiving Superior Court Clerk's office shall mark all such reports with a date and time stamp immediately upon receipt.
(Adopted, eff. 07-01-98)

2009 COURT APPOINTED COUNSEL FOR PARTIES IN DEPENDENCY CASES

In all juvenile court proceedings filed under Welfare and Institutions Code §300 relating to dependent children of the juvenile court, the appointment and substitution or relief of counsel for the parties shall be governed by Rule 1438 of the California Rules of Court and by these local court rules.

(a) Timeliness and Procedures for Settlements, Mediation, Discovery, Protocols, and Issues Related to Contested Matters

1. The court will set a pretrial (readiness and settlement) appearance for every matter announced as contested by any party. Matters will not ordinarily be placed on the calendar for a scheduled contested hearing until all parties who have appeared in the action have been served with the report and recommendation of the petitioner.
    
2. All discovery materials should be exchanged between the parties and served upon all other parties who have appeared in the action no later than the pretrial (readiness and settlement) conference.
    
3. When a relevant witness is discovered after the pretrial conference, the party wishing to call the witness shall serve all parties who have appeared in the action with appropriate discovery information on the next judicial day.

(b) Competency of Appointed Counsel

1. Attorneys appointed to represent parties in dependency cases shall be required to meet the standards of training and competency established in Rule 1438, California Rules of Court. The juvenile court judges and commissioners of this court may from time to time require, at their discretion, proof that counsel have attended the continuing education and training required by Rule 1438.
    
2. Counsel failing to participate in required continuing education, or otherwise demonstrating a lack of such professional skill, learning, and ability as is required competently to fulfill the responsibilities of appointed counsel for parties in dependency cases, will be barred by the court from further appointment, until these requirements are met.
    
3. These standards do not apply to privately retained counsel.
    
4. The assignment to appear in a dependency case on behalf of a party represented by a public office, including the District Attorney, Public Defender, or County Counsel, constitutes an implied certification to the court that in the opinion of the head of that agency, the assigned deputy possesses the skill, learning, experience, and training required by these rules and appropriate to the representation being undertaken. No other or further certification is required concerning deputies assigned by public agencies, in the absence of particular evidence of a lack of qualifications required by CRC Rule 1438.

(c) Review and Resolution of Complaints by Parties

1. Complaints by parties concerning the adequacy of representation by appointed counsel shall be referred to the court, if 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 judge or commissioner assigned to the case. Counsel have the duty to tell parties dissatisfied with their representation of their right to bring the matter to the attention of the court.
    
2. Where necessary to protect the privacy of the complaining party, or the confidentiality of information within the attorney-client privilege, the court will examine the complaint of the party in camera, by procedures analogous to the Marsden hearing procedures in criminal cases.

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

1. All counsel have a continuing duty to advise the court of any information not privileged under applicable law, bearing upon the best interests of the child subject to dependency proceedings. 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 a rule of professional conduct.
    
2. Counsel have a duty to assist persons interested in the welfare of a child before the court, by providing such persons with information as to the time and place of hearings, and by requesting court permission at hearings, for such interested persons to appear and be heard. Counsel shall affirmatively encourage all persons interested in the welfare of a child before the court to communicate their information and recommendations orally or in writing to the court and to the Department of Social Services.

(Adopted effective 07-01-99)

2010 CASA (COURT-APPOINTED SPECIAL ADVOCATES)

(a) [Adoption and Oversight of CASA Program] The Santa Barbara County Superior Court adopts, by incorporation, the California Judicial Council Court-Appointed Special Advocate (CASA) Grant Program Guidelines, as set forth in Rule 1424 of the California Rules of Court, for all CASA program services used in the Court. Court-approved CASA programs and all CASA appointments made by the Court shall comply in all respects with CRC Rule 1424, and the Presiding Judge of the Juvenile Court is designated to provide Court liaison, program oversight and approval of CASA volunteer services.

(b) [Approved CASA Program(s)] CASA of Santa Barbara County is hereby designated as the only Court-approved CASA program that may receive Court appointments and provide CASA services in Santa Barbara County. This approval shall be contingent upon continued compliance of CASA of Santa Barbara County with CRC 1424 and with any and all applicable California statutes, Rules of Court and Rules of this Court.
 

Original to the appointing Juvenile Court judge
Copy to all involved attorneys
Copy to the CWS worker or probation officer

Chapter Twenty-One - COURT PROCEDURES - TRAFFIC -

2100 TRAFFIC CASE CALENDARING

All Traffic hearings and trials in the Santa Barbara County Superior Court will be calendared pursuant to direction to the Calendar Coordinator or Clerk of each Court Division, by the judicial officer to which the case is assigned, or by the Presiding or Assistant Presiding Judge of the Court ; and will be reflected in daily calendar schedules publicly posted at the appropriate Divisions.
(Adopted 07-01-98. As amended, eff. 01-01-99)

2101 MINISTERIAL AUTHORITY OF CLERK IN TRAFFIC CASES

The Court hereby authorizes the Clerk of Court to process bail forfeitures, proofs of correction, initial continuances, traffic school and other ministerial or minor discretionary matters in traffic cases, to the extent permitted by law and subject to the directions, policies and procedures of the Court Division where the case is pending.
(Adopted 07-01-98. As amended, eff. 01-01-99, As amended, eff. 01-01-03)