[Click here for PDF version]

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