PROPOSED COURT RULES

	This page last modified: 5/20/2008 Court Locations Santa Barbara Santa Maria Lompoc Solvang Courthouse Info Court Holidays Judicial Officers Court Rules Court Rules - Proposed Appellate Department Bail Schedules Legal Decisions Public Index CD-Rom Courtroom Equipment Case Types Vendor/Fee Schedule Filing Fees Forms Court Reporters Interpreters Glossary of Terms Related Agencies	The following 6 new local rules are proposed for adoption July 1, 2009: 1201 USE OF TRIAL COURT FILE  The original trial court file may be used instead of a clerk’s transcript on appeal in limited civil cases , misdemeanor and infraction appeals pursuant to CRC 8.833, 8.863 and 8.914. The clerk may transmit to the appellate division the complete trial court file with a copy of all docket entries. The original or a copy of the docket entries shall be retained in the trial court.  (Adopted effective 07/01/09) 1202 OFFICIAL ELECTRONIC RECORDING  On stipulation of the parties or on order of the trial court pursuant to CRC 8.835, 8.837(d)(6), 8.868, 8.869(d)(6), 8.915 and 8.916, the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted to the appellate division clerk as the record of the oral proceedings without being transcribed. A written transcript of official electronic recordings may be prepared under CRC 2.952. (Adopted effective 07/01/09) 1203 CLERK’S DUTIES (1) The clerk shall retain custody of the original sound recording. (2) The clerk shall make the original sound recording available to the parties and counsel for listening in court facilities during normal business hours. (3) Within ten (10) court days after a Notice of Appeal is filed, the clerk shall prepare and label one copy of the original sound recording for each party and a copy for the court’s file; the copies shall be provided on magnetic, electronic or digital media. (4) The clerk shall promptly mail a copy of the sound recording to known counsel on appeal for each party.  If the clerk has not received notice of the appointment or retention of counsel on appeal, the copy shall be mailed to trial counsel and to each party unrepresented at trial and on appeal. (Adopted effective 07/01/09) 1204 RETURNING COPY OF SOUND RECORDING Upon signing a stipulated final statement, or upon receiving a copy of the judge’s certificate resolving disputed issues, or upon receiving notice of the filing of the record in the reviewing court, or at the request of the reviewing court, trial counsel and self-represented litigant on appeal shall deliver the copy of the sound recording to the Clerk for the use of any counsel on appeal; or, trial counsel shall deliver the copy to counsel on appeal and promptly file a notice with the appellate division stating that it has been delivered or will be delivered to counsel on appeal when the appeal is assigned. (Adopted effective 07/01/09) 1205 NOTICE OF ORAL ARGUMENT As soon as the written briefs of all parties are filed or the time for filing briefs has expired, the appellate division clerk shall send a notice of the time and place of oral argument to all parties.  The notice must be sent at least twenty (20) calendar days before the hearing date.  The presiding judge of the appellate division may shorten the notice period for good cause; in that event, the clerk must notify the parties immediately by telephone or any other expeditious method. If the presiding judge of the appellate division orders oral argument by videoconference pursuant to Rule 1207, the clerk must advise all parties at least five (5) days prior to the hearing the location from which each judge of the Appellate Division panel assigned to the case will participate. (Adopted effective 07/01/09) 1206 ORAL ARGUMENT BY VIDEOCONFERENCE On application of any party or on the court’s own motion, the presiding judge of the appellate division may order that oral argument be conducted by videoconference.  An application from a party requesting oral argument by videoconference must be filed within ten (10) calendar days after the court sends notice of oral argument pursuant to Rule 1206. If oral argument by videoconference is ordered: (1)All judges of the appellate division panel assigned to the case must participate in the entire oral argument either in person or by videoconference. The oral argument shall be open to the public at each location where a judge is participating. (2) Unless otherwise ordered by the presiding judge, all parties must appear at oral argument in person. (3) The appellate division must ensure that: during oral argument, the participants are visible and their statements are audible to all other participants, court staff, and any members of the public attending the proceedings; and, the source of any statements made by a participant is clearly identified. (4) The parties shall not be charged a fee to participate in oral argument by videoconference. (Adopted effective 07/01/09)
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