Santa Barbara Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Exhibit List
- 1 copy • Email • At Least Five Court Days Before Trial
Exhibits
- 4 copies • Hand Delivery • On First Day of Trial
Joint Statement of the Case
- 1 copy • Email
Adjournments
- A nontrial, nonevidentiary noticed hearing may be continued by the specified request methods; contested matters require a written stipulation from all affected parties if proceeding by stipulation, and requests or stipulations must be filed at least three court days before the hearing.
- A trial or evidentiary hearing may be continued only for good cause by court order; the application must be made as early as possible and at least one week before the hearing, although it may be presented ex parte if all parties waive notice, and preparation time or settlement discussions alone are not good cause.
Communication
Phone
Chambers
Phone
Phone
Chambers
Phone
Chambers
Phone
Chambers
Phone
Chambers
Page & Word Limits1 rule
These attachments must not exceed a combined total of 5 pages, but on application the presiding judge of the Appellate Division may, for good cause, permit additional pages of attachments or attachment of other matter.
- Attachments
- Up to 5 pages in total
Document Format Requirements43 rules
When leave is granted to offer an additional exhibit, it must be ready for transmission to the court as a separate PDF file named with the case number, caption, party role, exhibit number, and brief description.
- File type
Court's wording
The party offering the exhibit shall ensure the exhibit is readily available in electronic form, prepared using Adobe portable document format (commonly known as .pdf), for transmission to the court. Each exhibit must be a separate .pdf file. The .pdf file shall be named in the following manner: Case number-Case caption-Party role-Exhibit number-Brief description of exhibit
A single e-filed or e-lodged document may not exceed 25 megabytes; oversized covered documents must be separated into sequentially numbered volumes of no more than 25 megabytes each.
Court's wording
A single e-filed or e-lodged document may not be larger than 25 megabytes. In all cases where exhibits or other documents are required to be e-filed or e-lodged under Local Rule 1012, including proceedings brought under Code of Civil Procedure section 1094.5 or otherwise requiring the lodging or filing of an administrative record, and the exhibits or other documents to be e-filed or e-lodged would otherwise exceed 25 megabytes in a single document, the document to be e-filed or e-lodged must be separated into sequentially numbered volumes, each volume of which does not exceed 25 megabytes.
All electronic documents must be in text searchable format and must comply with the formatting and content requirements of the California Rules of Court for electronic documents, including particularly CRC 3.1110(f)(4) requiring electronic bookmarks. Additional formatting requirements are set forth on the court's website: sbcourts.org.
All attachments must be printed on paper complying with CRC 2.103 or, if electronically filed, must comply with CRC 2.256(b).
Judicial Council forms required by this rule shall be the most recent adopted form or successor to such form.
Formatting
- •Use the most recent adopted Judicial Council form or its successor
1425 JUDGMENTS (a) [Format of Judgment] Judgments must be on the applicable Judicial Council form with all required attachments and applicable items completed.
- Judgment
Formatting
- •Use the applicable Judicial Council form
A party participating electronically must submit the Certificate of Completion in hardcopy.
Court's wording
If a party participates in the PEACE program electronically, the party shall print a hardcopy ‘Certificate of Completion’ and file it with the court within the time for completion of PEACE program attendance.
The form of the Petition for Capacity Hearing shall be the form included in the Appendix to these local rules.
The form to be used for an appeal made on behalf of the patient shall be the form included in the Appendix to these local rules.
Original deposition transcripts to be used at trial must be available to the court in hard copy.
- File type
- Paper
- Deposition transcript
When the court grants leave to offer additional exhibits, each exhibit must be available as a separate PDF for transmission to the court.
- File type
Court's wording
If the court grants leave to offer additional exhibits during the hearing or trial, the following procedure must be followed: The party offering the exhibit shall ensure the exhibit is readily available in electronic form, prepared using Adobe portable document format (commonly known as .pdf), for transmission to the court. Each exhibit must be a separate .pdf file.
Do not put exhibits in the Court Drop-Box!
Use an interior envelope with the labeling instructions as mentioned in # 1 of this section.
Address the outer envelope to the court location where the hearing will be held, including the assigned department or courtroom number.
Court's wording
ADDRESS THE OUTER ENVELOPE AS FOLLOWS: Santa Maria: Send to: Santa Barbara County Superior Court Dept. # (Courtroom # where your hearing will be heard) 312 E. Cook Street Santa Maria, CA 93454 Santa Barbara: Send to: Santa Barbara Superior Court Dept. # (Courtroom # where your hearing will be heard) 1100 Anacapa Street Santa Barbara, CA 93101
For 5 or less exhibits, with the total number of pages of all exhibits combined, not exceeding 25 pages: Each exhibit shall have a divider sheet in front of the actual exhibit. (If the number of pages exceeds 25, follow the instructions in b.) The divider sheet shall be blank except for the exhibit number displayed at the bottom.
For more than 5 exhibits, Exhibit packets shall be assembled in an exhibit binder, using numbered tab pages before each exhibit.
Petitioner/Plaintiff shall use numbers 1 – 200. Respondent/Defendant shall use numbers 201 – 400. Other Parent or any third Party shall use numbers 401 – 600.
Electronic evidence such as CDs, DVDs, and other media will not be downloaded or duplicated by the Court during the hearing. Quick Response or “QR codes” will not be accepted.
Packets must be labeled with the case name, case number, date of hearing, the court department, and the party name.
Use an interior envelope with the labeling instructions as mentioned in # 1 of this section.
The outer envelope for a mailed exhibit packet must be addressed to the specified court recipient and address for either the Santa Barbara or Lompoc courthouse.
Court's wording
ADDRESS THE OUTER ENVELOPE AS FOLLOWS: For mailing to Santa Barbara courthouse: Santa Barbara County Superior Court Secretary to Comm. Diaz Dept. SB 1 1100 Anacapa Street Santa Barbara, CA 93101 For mailing to Lompoc courthouse: Santa Barbara County Superior Court Clerk’s Office Lompoc Dept. 2 115 Civic Center Plaza Lompoc, CA 93436
In addition to terms required by the California Rules of Court, the court's contract with an electronic filing service provider may require that documents e-filed meet court-provided specifications.
The neutral will be directed by the Court to report to the CADRe Director on the CMADRESS conference using a form approved by the Court’s ADR Committee and provided to the neutral upon assignment of the case.
If stapled, the staples should not be covered with tape.
If filed in paper, briefs must be bound at the top left corner. Paperclips are preferred for binding to facilitate scanning of the document.
- Binding
- Bound on the left
- Brief
If the CA State Bar license number is not noted on the card, it must be handwritten.
For five or fewer exhibits totaling no more than 25 pages, place a blank divider sheet showing only the exhibit number at the bottom before each exhibit.
Court's wording
For five (5) or less exhibits, and where the total number of pages of all exhibits combined does not exceed 25 pages: (If the number of pages exceeds 25, follow the instructions under c - e below) • Each exhibit shall have a divider sheet in front of the actual exhibit. • The divider sheet shall be blank except for the exhibit number displayed at the bottom.
Exhibits must be organized in the order they are listed on the Exhibit List.
Plaintiff/Petitioner is assigned Exhibits 1 through 200 and Defendant/Respondent is assigned Exhibits 201 through 400.
For more than five (5) exhibits, exhibit packets shall be assembled in an exhibit binder, using numbered tab pages before each exhibit.
Exhibits must be organized in the order they are listed on the Exhibit List.
Petitioner/Plaintiff shall use numbers 1 – 200. Respondent/Defendant shall use numbers 201 – 400.
Formatting
- •Petitioner/Plaintiff must use exhibit numbers 1–200
- •Respondent/Defendant must use exhibit numbers 201–400
For 5 or less exhibits, with the total number of pages of all exhibits combined, not exceeding 25 pages: Each exhibit shall have a divider sheet in front of the actual exhibit. (If the number of pages exceeds 25, follow the instructions in b.) The divider sheet shall be blank except for the exhibit number displayed at the bottom.
Formatting
- •If the total page count exceeds 25, follow instruction b.
During the hearing, Parties must be prepared to display exhibits on screen to testifying witnesses who appear remotely.
Document Filing Requirements219 rules
The order appointing minor's counsel must expressly list the factors the court identifies as specific to the case.
Court's wording
The court shall identify which of these factors are specific to the case. Any factors identified by the court in making an appointment shall be expressly listed in the Order to Appoint Minor's Counsel.
Parties must be ordered to submit an Income and Expense Declaration for the court's ability-to-pay determination.
Court's wording
(1) Parties shall be ordered to submit an Income and Expense Declaration, from which the court shall determine their ability to pay some or all the cost of Minor's Counsel at the next scheduled court appearance.
A written request for additional compensation above the initial ceiling must state the total amount previously approved for the attorney and support staff and establish good cause.
Court's wording
- (7) Requests for additional compensation by court-appointed counsel above the initial ceiling level shall be submitted in writing and must include the total amount previously approved for the attorney and support staff on the case, as well as establish good cause for the additional compensation. The court may award additional compensation upon competent evidence shown establishing good cause.
The first page of the exhibit packet shall be the Exhibit List. The Exhibit List shall list (in numerical order) the number of the exhibit, the type of exhibit, and a brief description of the exhibit.
- Document
- Exhibit packet
Must include
- •Exhibit list
In electronic filings, the party making the filing shall designate the appropriate division of the Court based upon subdivisions (a) and (b) of this rule.
The title of the Court required to be placed on the first page of documents pursuant to CRC 2.111 includes the name of the appropriate Court division.
- Placement
- First page
Complaints against subordinate judicial officers must be written, submitted to the Presiding Judge, and include the specified complainant, officer, complaint-category, conduct, and date information; requested witness contact information must also be included when available.
Court's wording
(b) [Submission and Content] Complaints against subordinate judicial officers must be in writing and must be submitted to the Presiding Judge. 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 (1) the content or resulting effect of a decision or ruling, (2) or the exercise of judicial or administrative discretion by the subordinate judicial officer, or (3) 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 basis for the complaint and the approximate date that the action was taken or conduct occurred. If the complainant requests 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.
Judges and Court Commissioners will file Statements of Economic Interests and any other related and required forms, as elsewhere provided by law.
the designated employees, contractors and consultants are responsible for completing and filing their own forms
Persons assigned to Disclosure Category 2 must report investments in and income from specified business entities used by the Courts within the past two years.
Court's wording
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.
A Category 3 employee meeting the stated condition must file, under penalty of perjury, a statement confirming that condition as the required statement of economic interests.
Court's wording
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.
Persons assigned to Disclosure Category 1 must report interests in real property located in Santa Barbara County or within two miles of it.
Court's wording
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.
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.
Category 3 requirements may be met by filing a completed CFPPC Form 700 or successor form with the specified information; no separate declaration is needed.
Court's wording
The requirements of this category are met by filing a completed CFPPC form 700 (or its successor form) identifying no reportable interests (for no reportable disqualification) or identifying reportable interests on the applicable form 700 schedule with additional required information as “comments”; no separate declaration is needed; this sentence is declaratory of existing law and practice, and is not intended to make any substantive change.
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:
To establish a fine deferment, for one future payment of the entire fine, or a financial payment plan for multiple future payments, the defendant must submit a completed application, along with a nominal fee for the cost of account administration, to the fiscal unit of the Clerk’s office in the division where the case is calendared. Incomplete applications will not be accepted.
When service fees are not provided for or are inconsistent with the Schedule, a written or minute order approving the fees must be obtained before the service is provided, upon motion or application or the court’s own motion.
Court's wording
Where the fees to be charged for any expert, professional or specialized service are not provided by statute, rule, Court contract, or by the Schedule, or are inconsistent with the service rates specified by the 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 providing of such service upon motion or application by counsel, self-represented litigant, by the prospective service provider, or upon the court's own motion.
At the conclusion of appointed-counsel proceedings, counsel must submit an original and two copies of an itemized statement listing services and dates, with an attorney fee order form and a supporting declaration signed under penalty of perjury.
Court's wording
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 represented client and the dates that each such service was provided. Counsel shall attach an attorney fee order form for the judge’s signature to the front of the original and two copies of the declaration supporting the request signed under penalty of perjury.
Court-appointed counsel must collect and provide specified financial information for defendants not in custody at the initial appointment and conclusion, and advise the court of defense hours and expenses incurred at public expense.
Court's wording
To assist the court in determining the qualifications of otherwise unrepresented persons for court-appointed counsel, and to permit effective compliance with legal requirements for court determination of the ability of such persons to pay for the public services provided by appointed counsel, all court-appointed counsel, including the Public Defender, contract and non-contract appointed attorneys, shall collect financial information regarding the represented client’s assets, liabilities, income and expenses for all defendants who are not in custody, and provide such information to the court at the time of the initial appointment and again on conclusion counsel shall also advise the court of the number of professional hours and the nature and amount of expenses that the defense has incurred at public expense.
Family or juvenile court orders permitting contact between a restrained person and their children must provide for a safe exchange, avoid violating any criminal no-contact order, and specify the transfer time, day, place, and manner.
Court's wording
(b) [Coexistence of Orders; Conditions] A family or juvenile court order may coexist with a criminal protective order; orders permitting contact between the restrained person and his or her children shall provide for safe exchange of the children, and shall not contain language that violates a "no contact" order issued in a criminal case; further, that the family or juvenile court order specifies the time, day, place and manner of transfer of the child, as provided by Family Code section 3100.
An application for an after-hours emergency protective order must use the required completed Judicial Council form, including information about known existing protective or custody orders.
Court's wording
(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 officers shall inquire of the applying law enforcement or child welfare officer to confirm 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.
A notice of lodging must state that a confidential-by-law version of an e-lodged record is confidential by law and cite the supporting authority.
Court's wording
If the confidential part of the e-lodged record is confidential by law, the party lodging the e-lodged record shall include in its notice of lodging both a statement that the confidential version of the e-lodged record is confidential by law and a citation to the authority for confidentiality.
If conformed copies are to be returned by mail, a stamped, self-addressed envelope must be included.
Trial exhibits are to be filed, lodged, or otherwise made available to the court pursuant to the respective department’s policy and orders for such exhibits.
By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances that (i) the party or attorney
Any party, or the court on its own motion, may challenge a Section 170.6 Motion on the grounds that the Section 170.6 Motion is part of an unconstitutional blanket challenge by filing an Objection. The Objection shall be in the form of written objections to, or a motion for reconsideration of, the Section 170.6 Motion. The Objection shall set forth facts, supported by declaration or other evidence, demonstrating a prima facie case that the Section 170.6 Motion’s proponent is lodging bad faith blanket challenges against a particular judge.
The neutral shall file a Statement of Agreement or Non-Agreement (ADR-100) within ten (10) court days of the final ADR session.
A stipulated ADR process must be documented by filing a fully executed ADR Stipulation.
Court's wording
If an ADR process is stipulated, counsel shall file a fully executed Stipulation and Order to Alternative Dispute Resolution Process form (“ADR Stipulation”) within ten (10) court days after the later of either (1) the 120-day CMC or (2) the CADRe consultation.
The neutral will be directed by the Court to report to the CADRe Director on the CMADRESS conference using a form approved by the Court’s ADR Committee and provided to the neutral upon assignment of the case. The completed forms will be filed with the Court.
The complaint coordinator must provide a preliminary-review summary containing the complaint, mediator response, apparent violations, and relevant prior complaints and inquiry summaries.
Court's wording
The complaint coordinator will provide the investigator or complaint committee with a summary of the preliminary review that includes: (A) A copy of the complaint; (B) A copy or summary of any response from the mediator; (C) A list of any violations of the rules of conduct that it appears may have occurred; and (D) Copies of any previous complaints about the mediator and any written summaries of inquiries that are relevant to the current complaint.
If the complaint coordinator closes a complaint without initiating an investigation, the coordinator must send the complainant notice of this action.
The complaint coordinator must promptly notify the complainant and the mediator in writing of the final action taken by the court on the complaint.
The complaint coordinator must promptly forward a copy of the report and recommendation to the presiding judge or to his or her designee.
Thereafter, the investigator or complaint committee will prepare a written report that summarizes the investigation and states the investigator’s or complaint committee’s recommendation concerning the final decision on the complaint.
The investigator or complaint committee must submit its report and recommendation to the complaint coordinator.
Filing & Service rules
Electronic Filing Rules
Ex parte order applications must comply with CRC 3.1200–3.1207 and must be e-filed when Local Rule 1012 requires it; otherwise, they must be filed in the appropriate court division’s Clerk’s office.
All applications for ex parte orders shall comply with CRC 3.1200-3.1207 and shall be e-filed where mandatory under Local Rule 1012. Applications which are not required to be e-filed under Local Rule 1012 shall be filed in the Clerk’s office of the appropriate court division where the case is pending.
Page 31 | 1009 EX PARTE ORDERS
Civil-case documents generally must be e-filed or e-lodged, subject to listed exceptions, including self-represented filings, court-ordered exemptions, documents not feasibly converted, voluminous materials, and documents with jurisdictional time limits.
(1) Mandatory E-Filing. Except as set forth in subdivision (a)(2), all documents presented for filing or lodging in all civil cases, including limited, unlimited, complex, small claims, family law, and probate, must be electronically filed (e-filed) or electronically lodged (e-lodged), respectively, with the court as provided in Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250 through 2.261. (2) Exceptions to Mandatory E-Filing. The following documents are not subject to mandatory e-filing under subdivision (a)(1): (i) Documents presented for filing or lodging by a self-represented party. Although not required, self-represented parties are encouraged to e-file documents. (ii) Documents ordered by the court as exempt from e-filing or e-lodging. A party may seek a court-ordered exemption by ex parte application for reason of undue hardship, significant prejudice, or other good cause. (iii) Documents and other materials that are not feasibly converted to electronic form by scanning, imaging, or other means. (iv) Documents and other materials that are so voluminous that they may be alternatively lodged in tangible form as set forth in Local Rule 1007. (v) Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for JNOV, motions to quash service for personal
Page 32 | 1012 E-FILING AND E-SERVICE
Excepted documents that are not permissibly e-filed or e-lodged must be filed or lodged under the procedures for documents that are not e-filed or e-lodged.
Documents excepted from mandatory e-filing or e-lodging under subdivision (a)(2), and not permissibly e-filed or e-lodged, are to be filed or lodged with the court as provided by the Code of Civil Procedure and California Rules of Court for documents not e-filed or e-lodged.
Page 33
Documents required to be e-filed under the rule must be filed through a court-approved electronic filing service provider.
The electronic filing of documents required by this rule must be effected through a court-approved electronic filing service provider. A list of approved electronic filing service providers is available on the court's website: sbcourts.org.
Page 33 | (b) Procedure for E-Filing
Documents in limited civil appeals must be e-filed, except documents filed by self-represented parties and documents not feasibly convertible to electronic form.
(a) Except as provided in subdivision (b), all documents presented for filing in the Appellate Division in limited civil appeals must be electronically filed (e-filed) as provided in Code of Civil Procedure section 1010.6, CRC 2.250 through 2.261, and Local Rule 1012. (b) Documents presented for filing by a self-represented party (as defined in CRC 2.250(b)(10)) and documents which are not feasibly converted to electronic form are not required to be e-filed under subdivision (a).
Page 46 | 1210 MANDATORY E-FILING IN LIMITED CIVIL CASE APPEALS
Responding papers not filed by 1:00 p.m. on the court day before the hearing must be filed by presenting the originals to the department clerk.
Responding papers, if not filed by 1:00 p.m. on the court day preceding the scheduled hearing, shall be filed by presenting the original documents for filing to the clerk of the department in which the hearing is scheduled.
Page 55 | 1408 SERVICE & FILING OF EX PARTE PLEADINGS
Documents served under this rule must not be filed with the court unless a statute, court rule, or other law requires filing.
Except as required by statute, court rule, or other law, documents to be served pursuant to this rule are not to be filed with the court.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
An Ex Parte Request Without Appearance must be e-filed when Local Rule 1012 requires it; otherwise, it must be filed in the Clerk’s office for the appropriate division where the case is pending.
(3) An Ex Parte Request Without Appearance must be e-filed where mandatory under Local Rule 1012. Applications that are not required to be e-filed under Local Rule 1012 must be filed in the Clerk's office of the appropriate court division where the case is pending in order to assure that the papers are available to the Court for the hearing.
Page 81 | 1723 EX PARTE PROCEDURES
Original documents required under Probate Code section 2620 that are available only electronically must be electronically filed under Local Rule 1012.
All original documents required to be submitted by Probate Code section 2620 that are available only as electronic documents shall be electronically filed as provided in Local Rule 1012.
Page 85 | 1743 DOCUMENTS SUPPORTING ACCOUNT
Required non-electronic originals must be electronically filed as copies and also lodged in their original non-electronic form.
All original documents required to be submitted by Probate Code section 2620 that are non-electronic documents shall be filed electronically as copies as provided in Local Rule 1012 and also lodged in their form as original non-electronic documents pursuant to CRC 2.252(e).
Page 86 | 1743 DOCUMENTS SUPPORTING ACCOUNT
Exhibit lists must be e-filed.
A joint exhibit list, to the extent possible, and separate exhibit lists otherwise, is to be e-filed at least five (5) court days before the trial date with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Exhibit List” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
Jury-trial briefs must be e-filed at least five court days before trial.
Trial briefs, with a separate agreed upon statement of the case, are to be e-filed at least five (5) court days before the trial date with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Trial Brief” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
The joint statement of the case must be e-filed.
A joint statement of the case for the benefit of the jury to be read during voir dire is to be e-filed five (5) court days before the trial date, with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Statement” and add the trial date in the Filing Description field followed by “Joint”.
Page 4 | Jury Trials
Mini-opening statements must be e-filed.
Those must be e-filed with the court in writing at least five (5) days before trial.
Page 4 | Jury Trials
Motions in limine and opposition papers must be e-filed.
Motions in limine are to be e-filed at least five (5) court days before the trial; Opposition papers shall be e-filed at least one (1) court day before the trial date.
Page 4 | Jury Trials
Witness lists must be e-filed.
Witness lists must be e-filed to show to the jury at the outset of voir dire with a courtesy copy e-mailed to SM1Continue@sbcourts.org at least five (5) court days before the trial date. Use eFiling code “Witness List” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
The proposed jury instructions and related materials must be e-filed.
A list of proposed jury instructions by CACI numbers and any pinpoint instructions, special findings, and verdict forms are to be e-filed five (5) court days before the trial date.
Page 4 | Jury Trials
Before trial begins, counsel must e-lodge all depositions to be used at trial and advise the court of any unsigned depositions.
Prior to the commencement of trial, counsel shall e-lodge all depositions to be used in trial with the court and advise the court if there are any depositions which are unsigned.
Page 6 | Witnesses
If an administrative-record filing exceeds 10 volumes, the filer may lodge an electronic version of all volumes on a flash drive, CD, or DVD instead of e-lodging the documents.
If the number of volumes exceeds 10 volumes, an electronic version of all volumes may alternatively be lodged in tangible form (i.e., on a flash drive, CD, or DVD) in lieu of e-lodging the documents.
Page 30 | 1007 ADMINISTRATIVE RECORDS IN ADMINISTRATIVE WRIT CASES
A party may file documents directly with the Court by fax, except documents subject to mandatory e-filing under Local Rule 1012.
Except for documents subject to mandatory e-filing under Local Rule 1012, any party may file documents by fax directly to the Court.
Page 31 | 1008 DIRECT FILING BY FAX
Unless the court orders otherwise, a filing party may elect to e-file or e-lodge the documents listed in subdivisions (a)(2)(i), (ii), (iv), and (v).
Unless otherwise ordered by the court, documents listed in subdivision (a)(2)(i), (ii), (iv), and (v) may be permissively e-filed or e-lodged, as applicable, with the court at the election of the filing party.
Page 33
When feasible and optional, parties are strongly encouraged to e-file instead of fax filing.
Where feasible and optional, parties are strongly encouraged to e-file rather than fax file documents.
Page 31 | 1008 DIRECT FILING BY FAX
Self-represented parties are not required to e-file, but are encouraged to do so.
Documents presented for filing or lodging by a self-represented party. Although not required, self-represented parties are encouraged to e-file documents.
Page 32 | 1012 E-FILING AND E-SERVICE
E-filing of the referenced documents is encouraged but not required.
jurisdiction, and petitions for writs. Although not required, e-filing of these documents is encouraged.
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Filing Timing and Cure Windows
The parties' declarations must be submitted five court days before the review date.
with declarations of the parties to be submitted five (5) court days prior.
Civil cases
Page 2 | C. Minor's Counsel Fee Policy
Hard-copy exhibits must be delivered to the Court at least three business days before the hearing or trial.
Hard copies of all exhibits must be delivered to the Court at least three business days prior to the scheduled hearing or trial.
Civil cases
Page 1 | Instructions for preparing the exhibit packet for AUTHORIZED REMOTE evidentiary hearings/trials
For an additional exhibit of more than five pages, the offering attorney or party must deliver the complete original hard-copy exhibit to the Court immediately after the hearing.
If the exhibit consists of more than 5 pages, the court clerk will print a black & white copy of the face page only, and the proffering attorney or party shall deliver the complete original hard copy exhibit to the Court immediately upon conclusion of the hearing.
Civil cases
Page 2 | Instructions for preparing the exhibit packet for AUTHORIZED REMOTE evidentiary hearings/trials
The Department must receive hard-copy exhibits at least three business (court) days before the hearing or trial.
Hard copy exhibits must be received by the Department at least 3 business (court) days prior to the hearing or trial date.
Civil cases
Page 2 | DELIVERY OF EXHIBITS TO THE COURT
If the clerk's black-and-white copy of an additional exhibit of five pages or fewer needs a hard-copy supplement, the attorney or offering party must deliver the original to the Court immediately after the hearing.
If this black and white copy needs to be supplemented with a hard copy of the actual exhibit, the attorney or proffering party shall deliver the original hard copy exhibit to the Court immediately upon conclusion of the hearing.
Civil cases
Page 2 | Instructions for preparing the exhibit packet for AUTHORIZED REMOTE evidentiary hearings/trials
In-person exhibit packets must reach the court at least three court (business) days before the hearing or trial and must be labeled with the case name, case number, hearing date, court department, and party name.
1. Delivery in-person at the courthouses. Exhibit packets must be received by the court at least 3 court (business) days prior to the hearing or trial date. Packets must be labeled with the case name, case number, date of hearing, the court department, and the party name.
Civil cases
Page 2 | DELIVERY OF EXHIBITS TO THE COURT
Mailed exhibit packets must reach the courthouse where the hearing will take place at least three court days before the hearing or trial.
Exhibit packets may be mailed to the courthouse where your hearing will take place; either Lompoc or Santa Barbara. Exhibit packets must be received by the court at least 3 court (business) days prior to the hearing or trial date. You must mail the exhibits with enough lead time for the court to receive them at least 3 court days before the court date.
Civil cases
Page 3 | DELIVERY OF EXHIBITS TO THE COURT
Designated employees, contractors, and consultants must file their forms when they assume or terminate employment in a designated classification and annually while classified.
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.
Page 15 | Forms and Filing of Statements
For an order closing a proceeding or opening a closed proceeding, written notice of motion must be filed at least two court days before the hearing, although the court may allow shorter notice for closure motions.
When a court order is sought for closure of any proceeding or for opening any closed proceeding, the party seeking such order shall file written notice of motion at least two (2) court days prior to the hearing. The motion shall be scheduled to be heard at least one day prior to the hearing. Motions for closure of hearings may be heard on shorter notice at the discretion of the court.
Page 20 | 604 CLOSURE OF COURT PROCEEDINGS
A challenge must be made as promptly as feasible and no later than 10 days after service of written notice of reassignment.
A challenge to a Section 170.6 Motion shall be made as promptly as feasible after notice of the Section 170.6 Motion, but in no event shall such challenge be made later than 10 days after service upon the party of written notice of case reassignment pursuant to the Section 170.6 Motion.
Page 35 | 1014 Constitutional Challenges to Code of Civil Procedure Section 170.6 Motions — Timeliness
The neutral must file an ADR-100 Statement of Agreement or Non-Agreement within 10 court days after the final ADR session.
The neutral shall file a Statement of Agreement or Non-Agreement (ADR-100) within ten (10) court days of the final ADR session.
Page 38 | 1103 ADR TIMING AND COMPLETION — (a) [Timing]
When the parties stipulate to an ADR process, counsel must file the fully executed ADR Stipulation within 10 court days after the later of the 120-day CMC or the CADRe consultation.
If an ADR process is stipulated, counsel shall file a fully executed Stipulation and Order to Alternative Dispute Resolution Process form (“ADR Stipulation”) within ten (10) court days after the later of either (1) the 120-day CMC or (2) the CADRe consultation.
Page 38 | 1102 CADRe METHODS — (e) [Stipulations]
The parties must conduct the ADR process within 60 calendar days after filing the ADR Stipulation, unless the court approves otherwise.
The parties shall conduct the ADR process within sixty (60) calendar days of filing the ADR Stipulation unless otherwise approved by the court.
Page 38 | 1103 ADR TIMING AND COMPLETION — (a) [Timing]
If the warrant papers and fees are not timely completed, the judgment creditor must obtain and serve a new examination order, with the examination scheduled no earlier than 120 days after the last scheduled hearing unless the court orders otherwise.
Otherwise, the judgment creditor must obtain and serve a new order to appear for examination to be scheduled no earlier than 120 days from the date of the last scheduled examination hearing except as otherwise ordered by the court.
Page 49
To obtain a warrant under this provision, the judgment creditor must complete and file the necessary papers and pay the required fees within 30 days of the missed examination hearing.
A warrant shall issue if a judgment creditor has completed and filed all necessary papers for the issuance of a warrant and paid all required fees within 30 days of the last scheduled examination hearing at which the person subject to the warrant was ordered to appear but failed to do so.
Page 49
For a live-testimony default-judgment application, the plaintiff must file the application and supporting papers at least five court days before the hearing.
and must file the application and all supporting papers, at least five court days prior to the hearing.
Page 50 | 1307 UNCONTESTED MATTERS
Unless the court orders otherwise, the application and supporting documentary evidence must be filed at least five court days before the hearing.
Unless otherwise ordered by the court, the application and all supporting documentary evidence must be filed with the court at least five court days prior to the hearing.
Page 50 | 1307 UNCONTESTED MATTERS
After remand, each party must file the required declaration within 30 days after the remand order is filed.
To complete the superior court’s file after remand, within 30 days of the filing of the order of remand, each party shall file a declaration describing the material pleadings that party filed in the federal action and the pertinent orders or rulings entered in the federal action.
Page 51 | 1308 PROCEDURES AND REMAND FROM FEDERAL COURT
Unless expressly exempted by the court, the CMC statement must be filed no later than 15 calendar days before the conference.
Unless expressly exempted by the Court, counsel or self-represented litigants are required to meet and confer as set forth in CRC 3.724 and to file case management conference statements no later than 15 calendar days prior to the CMC as set forth in CRC 3.725.
Page 51 | 1309 CIVIL LITIGATION ADMINISTRATION
Required ex parte moving papers must be filed with the court by 1:00 p.m. on the court day before the scheduled hearing unless the court waives filing.
Except where notice of the hearing or service of papers is excused (as provided in CRC 5.165, 5.167(a) or Local Rule 1407), all required ex parte moving papers, including a copy of the proposed order, shall be served as provided in CRC 5.167(a) no later than 1:00 p.m. on the court day preceding the scheduled hearing. Absent a waiver by the court, all such papers shall also be filed with the court no later than 1:00 p.m. on the court day preceding the scheduled hearing.
Page 55 | 1408 SERVICE & FILING OF EX PARTE PLEADINGS
Each party must file the completed Financial Document Exchange Compliance Declaration on or before the applicable Exchange Date.
Each party shall file and serve a completed Financial Document Exchange Compliance Declaration (Local Forms SC-4028 or SC-4029) on or before the applicable Exchange Date verifying compliance with this rule or explaining the lack of full compliance.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
Unless exempted by the court or under subdivision (c), the statement must be filed no later than 15 calendar days before the specified case management conference.
Unless expressly exempted by the court or as set forth in subdivision (c) of this rule, counsel and self-represented litigants are required to file, and to serve on the other party, a completed Family Law Information Statement (Local Form SC-4026) no later than 15 calendar days prior to a case management conference set by the court under subdivision (a).
Page 61 | 1421 CASE MANAGEMENT
The completed Family Law Information Statement must be filed concurrently with the request or counter-request.
A party requesting or counter-requesting a conference under this section shall concurrently file and serve a completed Family Law Information Statement (Local Form SC-4026) with the request or counter-request.
Page 62 | 1421 CASE MANAGEMENT
The settlement conference statement must be lodged with the Court no later than five court days before the initial settlement conference date.
(c) [Settlement conference statement] No later than five court days before the initial date set for the settlement conference, each party must lodge with the Court and serve on the other party a settlement conference statement as required by CRC 3.1380(c) containing:
Page 62 | Settlement conference statement
Service and Proof of Service Rules
Parties must exchange the Exhibit List and proposed exhibits at least three business days before the hearing or trial, unless the court sets another date; copies may be physical or electronic, with electronic delivery to a self-represented party requiring consent and use of that party's verified email address.
Parties shall exchange their Exhibit List and their proposed exhibits, organized as in # 2 above, by providing to the other party, copies of the exhibits submitted to the court, at least three business days prior to the scheduled hearing or trial, unless a different date is set by the court. Copies may be provided in their physical form or may be sent electronically to opposing counsel. Copies may be provided in their physical form or may be sent electronically to a self-represented party who consents to electronic delivery of the exhibits, at their verified e-mail address.
Civil cases
Page 1 | Instructions for preparing the exhibit packet for AUTHORIZED REMOTE evidentiary hearings/trials
E-filed documents must be served electronically on and by appearing parties represented by counsel and other persons entitled to service who expressly consent, except when law requires personal service or the court orders otherwise.
E-filed Documents shall be served electronically by and on (i) each party who has appeared and is represented by counsel and (ii) all other persons entitled to service and expressly consenting to electronic service, unless personal service is required by statute or other law or unless the court orders otherwise. Electronic service (e-service) shall be made in the manner, and subject to the requirements of, Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.251. “E-filed Documents” include all documents that have been, or subsequent to service will be, e-filed or presented for e-filing with the court pursuant to this rule.
Page 34 | (d) E-Service
Plaintiffs must include the CADRe Program Information and an ADR Stipulation and Order form when serving the complaint.
Plaintiff(s) shall include with service of complaints a copy of the Court Administered Dispute Resolution (CADRe) Program Information and a Stipulation and Order to Alternative Dispute Resolution (ADR) Process form pursuant to CRC 3.221(c).
Page 37 | 1101 COURT ADMINISTERED DISPUTE RESOLUTION (CADRe)
When a case involving a completed or pending ADR process settles or is otherwise disposed of without trial, notice must be given to all parties, the court, the involved ADR neutral, and CADRe staff.
Upon any settlement or other disposition of a case other than by trial, where an ADR process has occurred or is pending, notice of such disposition shall be given to all parties, the court, the arbitrator or other ADR neutral involved in the case, and to the CADRe staff as required by CRC 3.1385.
Page 39 | Chapter Eleven – Alternative Dispute Resolution (ADR)
As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear.
As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear.
Page 47 | 1301 TENTATIVE RULINGS
The filing party must ensure the court is available and timely file and serve the matter with notice of the hearing date and time.
It is the responsibility of the filing party to ensure that the Court is available to hear the matter on the applicable civil law and motion calendar and that the matter is timely filed and served with notice of the hearing date and time.
Page 47 | 1300 LAW AND MOTION HEARING CALENDARING
Proof of service of an examination order must be filed with the court at least three court days before the examination.
Proof of service of an order requiring the judgment debtor or a third party to appear for examination pursuant to Code of Civil Procedure sections 708.110 or 708.120 must be filed with the court at least three (3) court days prior to the examination.
Page 48 | 1303 JUDGMENT DEBTOR EXAMINATION PROCEEDINGS
A new examination order must be served as required by applicable law.
If timely service has not been effected, the court may set a new examination date upon request of the applicant but a new order for examination must be submitted to the court and the new order served as required as required by applicable law.
Page 48 | 1303(c) Continuance of Examination Hearing
Otherwise, the judgment creditor must obtain and serve a new order to appear for examination to be scheduled no earlier than 120 days from the date of the last scheduled examination hearing except as otherwise ordered by the court.
Otherwise, the judgment creditor must obtain and serve a new order to appear for examination to be scheduled no earlier than 120 days from the date of the last scheduled examination hearing except as otherwise ordered by the court.
Page 49
A copy of the completed Civil Case Cover Sheet Addendum must be served with the summons and complaint or petition.
A copy of the completed form must be served with the summons and complaint or petition.
Page 52 | 1310 CIVIL CASE COVER SHEET ADDENDUM
Notice of an ex parte hearing must be given as required by CRC 5.151 and 5.165.
Notice of an ex parte hearing shall be given as required by CRC 5.151 and 5.165.
Page 54 | 1407 EX PARTE NOTICE
Ex parte moving papers generally must be personally served by 1:00 p.m. on the court day before the hearing, while responding papers must be served by the hearing; the parties may expressly agree to another service method, and stated exceptions apply.
Except where notice of the hearing or service of papers is excused (as provided in CRC 5.165, 5.167(a) or Local Rule 1407), all required ex parte moving papers, including a copy of the proposed order, shall be served as provided in CRC 5.167(a) no later than 1:00 p.m. on the court day preceding the scheduled hearing. Absent a waiver by the court, all such papers shall also be filed with the court no later than 1:00 p.m. on the court day preceding the scheduled hearing. Responding papers shall be served as provided in CRC 5.167(a) at or before the time of the hearing. Service shall be by personal service unless the parties have expressly agreed to service by different means, including electronic or fax service. Responding papers, if not filed by 1:00 p.m. on the court day preceding the scheduled hearing, shall be filed by presenting the original documents for filing to the clerk of the department in which the hearing is scheduled.
Page 55 | 1408 SERVICE & FILING OF EX PARTE PLEADINGS
Moving and response documents for requests for orders, motions, and orders to show cause must be filed and served in accordance with CRC 5.92 and 5.94.
All moving and response documents for requests for orders, motions, and orders to show cause shall be filed and served as required by CRC 5.92 and 5.94.
Page 56 | 1412 FILING & SERVICE OF REQUESTS FOR ORDER, MOTIONS, & ORDERS TO SHOW CAUSE
After moving papers have been served, a case may not be taken off calendar without immediate telephonic or electronic notice to the responding party and the Court.
After service of the moving papers, no case shall be taken off-calendar without immediate telephonic or electronic notice to the responding party and to the Court.
Page 57 | (e) [Matters Taken Off-Calendar]
The court may not award affirmative relief against an absent party without valid proof that the party was timely served.
A court may not award affirmative relief adverse to an absent party without valid proof of timely service on the absent party.
Page 57 | Hearing
Each party must serve the supporting declaration required when child support or temporary spousal support is at issue.
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 (i) that party’s calculation of child support under the state child-support law; and, (ii) if spousal support is at issue, that party’s calculation of temporary spousal support pursuant to Local Rule 1415.
Page 58 | 1418(a)(1) [Declaration re Calculations of Support]
Unless an exception in subdivision (f) applies, each party must serve the other party copies of the Individual Financial Documents on that party’s Exchange Date.
Unless subject to an exception set forth in subdivision (f), on his or her respective Exchange Date: (i) Each party shall serve on the other party copies of the Individual Financial Documents.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
A party who meets the stated self-employment or business-ownership criteria must serve the other party the Business Financial Documents for each qualifying business.
In addition to the Individual Financial Documents required to be served, each party who is self-employed or who is the beneficial owner of an interest of thirty percent (30%) or more of any business entity, or was either at any time during the previous two years, shall serve on the other party copies of the Business Financial Documents for each such business in which the party is self-employed or a thirty percent or greater owner.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
For each Exchange Date, a party must exchange documents current as of that date.
A party must comply with the document exchange required by this rule for each Exchange Date with documents current as of that Exchange Date.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
Each party shall file and serve a completed Financial Document Exchange Compliance Declaration (Local Forms SC-4028 or SC-4029) on or before the applicable Exchange Date verifying compliance with this rule or explaining the lack of full compliance.
Each party shall file and serve a completed Financial Document Exchange Compliance Declaration (Local Forms SC-4028 or SC-4029) on or before the applicable Exchange Date verifying compliance with this rule or explaining the lack of full compliance.
Page 60 | 1419 FINANCIAL DOCUMENT EXCHANGE
For all parties in Applicable Cases, the Exchange Date is 15 calendar days before a Court Conference.
(1) For all parties in Applicable Cases, an Exchange Date is 15 calendar days before a Court Conference;
Page 61 | When Exchange Required
For a party responding to a Motion, the Exchange Date is the earlier of service of the Opposition or the date the Opposition is due under applicable law or court rule.
(3) For a party responding to a Motion, an Exchange Date is the earlier of (A) the date of service of an Opposition, or (B) the date when an Opposition is due pursuant to applicable statute or rule of court.
Page 61 | When Exchange Required
Unless exempted by the court or under subdivision (c), the statement must be served on the other party no later than 15 calendar days before the specified case management conference.
Unless expressly exempted by the court or as set forth in subdivision (c) of this rule, counsel and self-represented litigants are required to file, and to serve on the other party, a completed Family Law Information Statement (Local Form SC-4026) no later than 15 calendar days prior to a case management conference set by the court under subdivision (a).
Page 61 | 1421 CASE MANAGEMENT
For a party filing a Motion in an Applicable Case or filing an Applicable Motion, the Exchange Date is the date the Motion is served.
(2) For a party filing a Motion in Applicable Cases or filing an Applicable Motion, an Exchange Date is the date of service of Motion; and,
Page 61 | When Exchange Required
Filing Fees and Waivers
If a Minor's Counsel requests more than $100,000 in payment across all court-appointed cases in a fiscal year (July 1 to June 30), Minor's Counsel must notify the Presiding Judge, who must notify the Court Executive Officer and Chief Financial Officer.
- (6) If payment is requested by any Minor's Counsel that exceeds $100,000 in any fiscal year, for all cases for which they are appointed by this court (July 1 to June 30), Minor's Counsel shall notify the Presiding Judge, who shall notify the Court Executive Officer and the Court's Chief Financial Officer.
Civil cases
Page 3 | C. Minor's Counsel Fee Policy
At every hearing, Minor's Counsel must inform the court of the status of all fees incurred, whether or not they have been billed.
- (8) Minor's Counsel must inform the court at every hearing of the status of all fees incurred, whether yet billed.
Civil cases
Page 3 | C. Minor's Counsel Fee Policy
Absent a further court order, the court may not pay Minor's Counsel beyond the court-authorized amount.
- (5) Absent further order of court, Minor's Counsel shall not be paid by the court beyond this court authorized amount.
Civil cases
Page 3 | C. Minor's Counsel Fee Policy
A payor whose check is returned for insufficient funds or a closed account must reimburse the Court in cash or by cashier’s check and pay a service fee based on actual cost.
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.
Page 17 | 501 PAYMENT METHODS FOR FEES, CHARGES, FINES & BAIL
The Court will accept deferred or partial fine payments only after approving a deferment or payment plan, unless a judicial officer orders otherwise.
The Court will not accept deferred or partial payments on fines unless a deferred fine payment or a financial payment plan is first approved, or as may otherwise be ordered by a judicial officer.
Page 17 | 502 FINE PAYMENT PLANS
A party that fails to give timely settlement notice forfeits the jury fee deposit and is liable for the costs of jurors who appear for trial.
Failure to provide timely notice shall result in the party's forfeiture of the jury fee deposit and liability for all of the costs of the jurors appearing for trial.
Page 25 | 802 CIVIL CASE SETTLEMENT; NOTICE & JURY FEES
Direct fax filings must include payment of the applicable fees by credit card.
All direct Fax filings shall be accompanied by payment of fees by Credit Card, pursuant to CRC 2.304(d).
Page 31 | 1008 DIRECT FILING BY FAX
The judgment creditor must pay the required fees to obtain a warrant under this provision.
A warrant shall issue if a judgment creditor has completed and filed all necessary papers for the issuance of a warrant and paid all required fees within 30 days of the last scheduled examination hearing at which the person subject to the warrant was ordered to appear but failed to do so.
Page 49
Checks, drafts, and money orders may be used to pay fees, service charges, fines, or bail deposits if tendered in the manner and amount required by the referenced manual.
Personal checks, bank cashier’s checks, drafts or money orders will be accepted by the 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).
Page 17 | 501 PAYMENT METHODS FOR FEES, CHARGES, FINES & BAIL
A defendant requesting a fine deferment or financial payment plan must pay a nominal account-administration fee.
To establish a fine deferment, for one future payment of the entire fine, or a financial payment plan for multiple future payments, the defendant must submit a completed application, along with a nominal fee for the cost of account administration, to the fiscal unit of the Clerk’s office in the division where the case is calendared.
Page 17 | 502 FINE PAYMENT PLANS
Credit cards may be used to pay fees, service charges, fines, or bail deposits if tendered in the manner and amount required by the referenced manual.
Credit cards will be accepted by the 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).
Page 17 | 501 PAYMENT METHODS FOR FEES, CHARGES, FINES & BAIL
If a case settles on trial day after jurors appear and cannot be used in another trial that day, the parties are responsible for the actual juror costs determined by the judge.
If the case settles on the day of trial after the jurors have actually appeared and cannot be utilized in another trial on the same date, the parties shall be responsible for the actual costs of all jurors appearing for the trial to be determined by the judge.
Page 25 | 802 CIVIL CASE SETTLEMENT; NOTICE & JURY FEES
An electronic filing service provider may charge reasonable fees in addition to court filing fees, but parties with a court fee waiver or waiver order are exempt from e-filing fees and costs.
Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the court. Any party who has received a fee waiver from the court, or who has otherwise obtained an order of the court waiving such fees, is exempt from the fees and costs associated with electronic filing.
Page 33 | (b) Procedure for E-Filing
The parties do not have to pay for the assigned neutral’s services during the first 1.5 hours of the session.
The parties will not have to pay for the services of the neutral assigned to the case for the first 1.5 hours of the session.
Page 38 | 1102 CADRe METHODS — (c) [Amount in Controversy Exceeds $50,000]
The court assesses a fee for the parenting program in an amount it establishes, waives it for a party authorized to proceed in forma pauperis, and allocates parenting-education fees by court order.
The parties shall be assessed a fee to defray the cost of the parenting 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 any parenting education shall be allocated pursuant to court order.
Page 72 | 1508(d) [Fee for Attendance]
The court may award additional compensation above the initial ceiling when competent evidence establishes good cause.
- (7) Requests for additional compensation by court-appointed counsel above the initial ceiling level shall be submitted in writing and must include the total amount previously approved for the attorney and support staff on the case, as well as establish good cause for the additional compensation. The court may award additional compensation upon competent evidence shown establishing good cause.
Civil cases
Page 3 | C. Minor's Counsel Fee Policy
No fee is charged for the program.
No fee will be charged for the program.
Page 71 | 1507(c) [Instructions, Registration and Fee for Attendance]
Courtesy Copy Requirements
A courtesy copy of the witness list must be emailed at least five court days before trial.
Witness lists must be e-filed to show to the jury at the outset of voir dire with a courtesy copy e-mailed to SM1Continue@sbcourts.org at least five (5) court days before the trial date. Use eFiling code “Witness List” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
A courtesy copy of the joint statement of the case must be emailed to the court.
A joint statement of the case for the benefit of the jury to be read during voir dire is to be e-filed five (5) court days before the trial date, with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Statement” and add the trial date in the Filing Description field followed by “Joint”.
Page 4 | Jury Trials
A courtesy copy of the exhibit list must be emailed at least five court days before trial.
A joint exhibit list, to the extent possible, and separate exhibit lists otherwise, is to be e-filed at least five (5) court days before the trial date with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Exhibit List” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
A courtesy copy of each jury-trial brief must be emailed at least five court days before trial.
Trial briefs, with a separate agreed upon statement of the case, are to be e-filed at least five (5) court days before the trial date with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code “Trial Brief” and add the trial date in the Filing Description field.
Page 4 | Jury Trials
Bring four courtesy copies of all exhibits to court on the first day of trial.
Courtesy copies of all exhibits must be brought to the court on the first day of trial (Court copy, Witness copy, Clerk copy, and Counsel copy).
Page 5 | Exhibit Requirements
The court may order paper courtesy copies of e-filed documents.
The court may by order require the delivery of paper courtesy copies of e-filed documents.
Page 33 | (b) Procedure for E-Filing
Courtesy copies of e-filed documents may also be emailed to the Judicial Secretary or department email.
Courtesy copies of any e-filed documents can also be emailed to the Judicial Secretary or department email.
Page 8
Sealing & Redaction Procedures
If any part of an e-lodged record is confidential, the lodging party must clearly identify and separate the record into a public-access version, if any portion is not confidential, and a confidential version.
If any part of the e-lodged record is confidential, the party lodging the e-lodged record must clearly identify and separate the record into a public access version, if any part is not confidential, and a confidential version.
Page 30 | 1007 ADMINISTRATIVE RECORDS IN ADMINISTRATIVE WRIT CASES
In other cases, the parties must comply with CRC 2.550 and 2.551.
Otherwise, the parties shall comply with CRC 2.550 and 2.551.
Page 31
Complaint proceedings and related records must remain private and confidential, subject to the stated rule-based and legal exceptions.
All complaint proceedings will occur in private and will be kept confidential. No information or records concerning the receipt, investigation, or resolution of an inquiry or a complaint will be open to the public or disclosed outside the course of the complaint proceeding except as provided in rule 3.871(d) of the California Rules of Court or as otherwise required by law.
Page 40 | 1104(c)(2) – Confidentiality of complaint proceedings
Complaint proceedings must preserve the confidentiality of mediation communications, including communications between the mediator and individual participants or participant subgroups.
All complaint proceedings will be conducted in a manner that preserves the confidentiality of mediation communications, including but not limited to the confidentiality of any communications between the mediator and individual mediation participants or subgroups of mediation participants.
Page 40 | 1104(c)(1) – Preserving the confidentiality of mediation communications
Unless the court orders otherwise, recipients may not release or disseminate documents served under this rule to third parties, except counsel or retained experts; parties may use or disclose their own documents or information.
(2) Except as otherwise ordered by the court, 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 counsel or experts retained for the purposes of the family law proceeding. This rule does not limit a party’s use or disclosure of that party’s own documents or information.
Page 61 | Exceptions and Limitations
Filing Bundling Requirements
A petition for appointment of a special administrator may not be combined with a petition for appointment of a general personal representative, and a separate Judicial Council form must be used for a petition for special letters of administration.
(3) The petition may not be combined with a petition for the appointment of a general personal representative. A separate Judicial Council form must be used for a petition for special letters of administration.
Page 82 | 1723 EX PARTE PROCEDURES
Pre-Motion Conference Requirements
To the extent feasible based upon the urgency of the application and the conditions necessitating that the order be sought on an emergency basis, the party providing notice shall attempt to settle all issues to be raised at the hearing by initiating settlement discussions with the responding party.
To the extent feasible based upon the urgency of the application and the conditions necessitating that the order be sought on an emergency basis, the party providing notice shall attempt to settle all issues to be raised at the hearing by initiating settlement discussions with the responding party.
Page 55 | Contents of Notice
When mediation is required before the hearing, the hearing should be set at least five court days after the mediation appointment.
If mediation is required prior to the hearing pursuant to Local Rule 1501(b), the hearing should be set at least five (5) court days after the mediation appointment.
Page 56 | 1411 REQUESTS FOR ORDER, MOTIONS, & ORDERS TO SHOW CAUSE
Adjournment & Extension Requirements
A party seeking a continuance must apply by stipulation, ex parte application, or noticed motion; the Court decides continuances in its discretion, not solely on a stipulation, and the Clerk needs a court order to continue a matter, except as otherwise required by law.
Parties seeking a continuance of any matter must apply to the Court in the manner provided by law, i.e., by stipulation, by ex parte application, or by noticed motion. Except where otherwise required by law, continuances are granted or denied in the court’s discretion and are not granted solely on the basis of the stipulation of the parties. The Clerk is not authorized to continue a matter without an order from the Court.
Page 29 | 1001 CONTINUANCES
Any continuance of an ADR date must be directed to the assigned trial judge.
Any continuance of dates scheduled for ADR, including mandatory settlement conference dates and completion dates, must be directed to the assigned trial judge.
Page 39 | Chapter Eleven – Alternative Dispute Resolution (ADR)
Unless the court orders otherwise, a continuance is granted only if both people appear, they stipulate in writing, or timely service is proved before the request and the applicant declares that the examinee agreed to appear on the continued date.
Unless otherwise ordered by the court, continuances of an examination hearing will be granted only where: (i) both the applicant and the person to be examined appear on the date of the examination, (ii) the applicant and the person to be examined stipulate in writing to a continuance, or (iii) proof of timely service of the order has been filed prior to the request for a continuance and the applicant declares that the person to be examined has agreed to appear at the continued date.
Page 48 | 1303(c) Continuance of Examination Hearing
A stipulation to continue trial is accepted only by ex parte application.
The court does not accept stipulations to continue trial except by ex parte application.
Page 50 | 1307 UNCONTESTED MATTERS
If a TRO is in effect pending a hearing, the requesting party must calendar the hearing and any required mediation before the TRO expires or obtain a timely continuance to keep the TRO in force.
If a TRO was granted pending a hearing, it is the requesting party’s responsibility to ensure that the hearing is calendared to occur, and any required mediation is scheduled to occur, prior to the expiration of the TRO; otherwise, it is the requesting party’s responsibility to obtain a timely continuance of the TRO to keep the TRO in force prior to the hearing.
Page 56 | 1411 REQUESTS FOR ORDER, MOTIONS, & ORDERS TO SHOW CAUSE
Continuance requests made at the hearing are highly disfavored; parties must immediately notify the Court of a stipulation and present the written stipulation and completed FL-307 by the scheduled start, or promptly request a continuance under CRC 5.94(f) if they cannot stipulate.
Requests for continuances made at the time of the hearing are highly disfavored. The parties shall immediately advise the Court of any stipulation to continue and shall present a written stipulation (see optional Local Form SC-4032), together with an Order on Request to Continue Hearing (form FL-307) with the caption and initial items completed as described on the form, no later than the scheduled start of the hearing. If a stipulated continuance cannot be obtained, the requesting party must promptly request a continuance as provided in CRC 5.94(f).
Page 57 | (d) [Continuances]
After a trial date is set, a continuance will be granted only for good cause, and requesting one at calendar call is not appropriate.
1424 TRIAL (a) [Continuances] Once a trial date is set, no continuances will be granted except for good cause shown. It is not appropriate to request a continuance at the calendar call.
Page 62 | 1424 TRIAL
A nontrial, nonevidentiary noticed hearing may be continued by the specified request methods; contested matters require a written stipulation from all affected parties if proceeding by stipulation, and requests or stipulations must be filed at least three court days before the hearing.
(a) [Continuance of Nontrial Matters] Hearings other than trials or evidentiary hearings may be continued subject to the following: (1) In uncontested matters, noticed hearings may be continued by motion, ex parte application, or written request. In contested matters, noticed hearings may be continued by motion, ex parte application, or a written stipulation from all affected parties. Such requests or stipulations must be filed at least three (3) court days before the hearing date and served on all persons entitled to notice of the hearing.
Page 80 | 1722 CONTINUANCES (a)(1)
A trial or evidentiary hearing may be continued only for good cause by court order; the application must be made as early as possible and at least one week before the hearing, although it may be presented ex parte if all parties waive notice, and preparation time or settlement discussions alone are not good cause.
(b) [Continuance of Trials or Evidentiary Hearings] A trial or evidentiary hearing may be continued for good cause only by order of the court. If all parties waive notice, an application for continuance may be presented ex parte. The application must be made at the earliest possible time and in no event less than one week prior to trial or the hearing. A party’s need for additional time to prepare for trial or to discuss settlement does not constitute good cause.
Page 81 | Continuance of Trials or Evidentiary Hearings
A defendant may request an additional extension of time through a Good Cause Declaration, and the reviewing judicial officer determines whether good cause exists before granting relief.
1. On Good Cause Declaration, request: a. Acceptance of proof of completion of traffic violator school even if case has transferred to collections with civil assessment attached. b. Grant additional extension of time to correct a mechanical violation or obtain out- of-state registration or proof of driver’s license. c. Reinstate community work service when community work service has previously been terminated. d. Vacate civil assessment, recall case from court collections, and reduce fine to original bail amount. e. Waive mandatory appearance due to defendant living in excess of 300 miles from court. Following review, the reviewing judicial officer shall determine whether good cause exists and may grant specific relief.
Page 105 | 2109 Alternate Procedures for Judicial Review of Infraction Matters
If service was not timely, the court may set a new examination date at the applicant’s request, but a new examination order must be submitted to the court and served as applicable law requires.
If timely service has not been effected, the court may set a new examination date upon request of the applicant but a new order for examination must be submitted to the court and the new order served as required as required by applicable law.
Page 48 | 1303(c) Continuance of Examination Hearing
The Clerk or Deputy Clerk may postpone a capacity hearing for the listed hardships.
Postponement of capacity hearings may be made by the Clerk or Deputy Clerk in the event of the following hardships: petitions filed on or intervening weekends or legal holidays; untimely physical illness of hearing officer, patient, patient's counsel or advocate, attending physician, or treatment facility counselor the physical unavailability of the patient at the PHF.
Page 73 | 1601 CAPACITY HEARINGS FOR INVOLUNTARY MEDICATION
A certification review hearing may be postponed for up to 48 hours at the request of the patient, the patient’s attorney, or the patient’s advocate.
(e)(2) Hearings may be postponed up to forty-eight (48) hours upon the request of the patient or his or her attorney or advocate.
Page 76 | 1605(e)(2)
When required publication notice has been completed, the hearing remains scheduled and the court addresses a continuance request at the hearing.
(4) Where notice of the scheduled hearing requires publication and publication has been completed, the hearing will take place as scheduled and the Court will address the request for continuance at the hearing.
Page 81
The Clerk may grant a second extension of up to 30 calendar days.
and the discretion to grant a second extension of not more than thirty (30) calendar days.
Page 102 | 2102 CONTINUANCES BY CLERK
For infractions, the Clerk may grant an extension of a court appearance of up to 30 calendar days after the date noted on the citation for the first scheduled appearance.
The Clerk has authority to grant extensions of court appearances for infractions, including mechanical defects charges, for not more than thirty (30) calendar days after the date noted on the citation for the first scheduled appearance
Page 102 | 2102 CONTINUANCES BY CLERK
Deputy clerks may grant an initial 30-day extension to pay or provide the specified proof.
4. Grant initial 30-day extension of time to pay or provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).
Page 104 | 2108 ADJUDICATION OF MISCELLANEOUS INFRACTION MATTERS
Deputy clerks may, in their discretion, grant a second 30-day extension to pay or provide the specified proof.
5. Exercise discretion to grant second 30-day extension of time to pay or provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).
Page 104 | 2108 ADJUDICATION OF MISCELLANEOUS INFRACTION MATTERS
A lawyer should not arbitrarily or unreasonably refuse a reasonable request for an extension of time that is permitted by court rules.
A lawyer should not arbitrarily or unreasonably refuse a reasonable request for an extension of time, as permitted by court rules.
Page 3 | E. Continuances
When scheduling or postponing hearings, depositions, meetings, or conferences, a lawyer shall consider opposing counsel’s legitimate calendar conflicts unless doing so would be contrary to the client’s legitimate interest.
A lawyer shall consider opposing counsel's legitimate calendar conflicts when scheduling or postponing hearings, depositions, meetings or conferences, unless to do so would be contrary to the legitimate interest of his or her client.
Page 3 | E. Continuances
The court will consider requested dates for a continued hearing but may set a different date based on availability.
Requested hearing dates will be considered, but a different date may be set depending on availability.
Page 80 | 1722 CONTINUANCES (a)(3)
To the extent permitted by law, the Clerk may process initial and discretionary continuances.
The Clerk is authorized to process bail forfeitures, proofs of correction, initial and discretionary continuances, traffic school referrals and other ministerial or discretionary matters to the extent permitted by law.
Page 102 | 2101 MINISTERIAL AUTHORITY OF CLERK
Chambers Communication Rules
Do not submit ex parte correspondence to the commissioner with exhibits; submitted ex parte communications will not be considered, and arguments must be presented at trial.
DO NOT include any ex parte correspondence to the commissioner with your exhibit submission. Any ex parte communication submitted will not be read or considered. You must present your arguments at the trial.
Civil cases
Page 3 | DELIVERY OF EXHIBITS TO THE COURT
When a civil case settles before trial, the party demanding a jury must notify the Jury Commissioner by 3:00 p.m. on the court day before trial.
In the event a civil case settles prior to the commencement of trial, the party who has demanded trial by jury shall notify the Jury Commissioner no later than 3:00 p.m. on the court day prior to the date set for trial.
Page 25 | 802 CIVIL CASE SETTLEMENT; NOTICE & JURY FEES
If reassignment notice has not been entered, the challenging party must immediately give oral notice to the court and all parties that a challenge will be filed.
If notice of reassignment has not been entered, a party making a challenge shall immediately give oral notice to the court and to all parties that a challenge will be filed.
Page 35 | 1014 Constitutional Challenges to Code of Civil Procedure Section 170.6 Motions — Timeliness
If the court has not directed argument, a party intending to appear must notify the court by 4:00 p.m. on the court day before the hearing.
As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear.
Page 47 | 1301 TENTATIVE RULINGS
Unless the court orders otherwise, a plaintiff seeking default judgment by live testimony must arrange the hearing through the calendar clerk.
Unless otherwise ordered by the court, to obtain a court judgment by live testimony, the plaintiff must arrange for a hearing on the application through the calendar clerk,
Page 50 | 1307 UNCONTESTED MATTERS
Counsel must arrange a hearing for a default-judgment application involving live testimony through the calendar clerk.
It is the responsibility of counsel to arrange to set the hearing through the calendar clerk.
Page 50 | 1307 UNCONTESTED MATTERS
To schedule an ex parte hearing with Department 5, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Barbara Civil Departments: Department 5 (805) 882-4570
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 1 in Santa Maria, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Maria Civil Departments: Department 1 (805) 614-6500
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 6, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Barbara Civil Departments: Department 6 (805) 882-4590
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 4, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Barbara Civil Departments: Department 4 (805) 882-4590
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 2 in Santa Maria, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Maria Civil Departments: Department 2 (805) 614-6500
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 3, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Barbara Civil Departments: Department 3 (805) 882-4570
Page 54 | 1406 EX PARTE SCHEDULING
To schedule an ex parte hearing with Department 4 in Santa Maria, a party must call the assigned judicial officer’s assistant by 10:00 a.m. on the preceding court day, unless the court allows an earlier hearing for good cause.
Unless the court grants leave for an earlier hearing upon a showing of good cause, a party must obtain a date and time for hearing an ex parte application by telephonic request to the assistant of the judicial officer to whom the case has been assigned no later than 10:00 a.m. on the court day before the hearing is set. Telephonic requests may be made to: Santa Maria Civil Departments: Department 4 (805) 614-6515
Page 54 | 1406 EX PARTE SCHEDULING
The scheduled mediation appointment must be canceled with the Secretary at least seven calendar days beforehand.
(2) Cancel the mediation appointment with the Secretary no less than seven (7) calendar days before the scheduled mediation.
Page 67 | 1503 PROCEDURES (d) [Cancellation of Mediation Appointment]
A copy of the completed Notice of Certification must be promptly faxed to the Clerk.
A copy of the form shall then be promptly faxed to the Clerk.
Page 75 | 1605(c) Notice to the Court
and shall thereafter fax a copy of the Appeal to the Clerk.
and shall thereafter fax a copy of the Appeal to the Clerk.
Page 76 | 1607(a)(2)
When an appeal is filed at an approved treatment facility, the assigned Deputy Clerk must promptly call the Clerk or designee to obtain a case number.
(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 Clerk or his or her designee for assignment of a case number
Page 76 | 1607(a)(2)
If the will was previously lodged for safekeeping, the petitioner must notify the clerk when filing the probate petition.
If the will was previously lodged for safekeeping, it is petitioner’s responsibility to notify the clerk upon filing the petition for probate that the will was previously lodged.
Page 87 | 1752 APPOINTMENT OF PERSONAL REPRESENTATIVES(e)
To request a civil ex parte matter, contact Judicial Secretary Alison Villarruel by phone.
To request a civil ex parte matter, contact Judicial Secretary Alison Villarruel at (805) 614-6500.
Page 2 | Ex Parte Matters (Civil)
A lawyer may not send correspondence between counsel, or between counsel and an unrepresented party, to the judicial officer about a pending matter without the judicial officer’s prior approval on the record or by written order, except as an attachment to a pleading.
Except as an attachment to a pleading, a lawyer may not transmit correspondence between counsel or between counsel and an unrepresented party to a judicial officer regarding a matter pending before that judicial officer without prior approval of that judicial officer either on the record or by written order.
Page 4 | G. Ex Parte Communications with the Court
Except as permitted by law including these Rules, neither a lawyer nor a party may communicate directly or indirectly with a judicial officer regarding a case pending before that judicial officer without notice to and attendance by opposing counsel or unrepresented opposing party. Indirect communication includes but is not limited to communication with a judicial officer’s staff. To communicate includes but is not limited to contact through in person discussion, by telephone or by correspondence through mail, express mail, overnight delivery, facsimile transmission, electronic mail, or electronic service.
Except as permitted by law including these Rules, neither a lawyer nor a party may communicate directly or indirectly with a judicial officer regarding a case pending before that judicial officer without notice to and attendance by opposing counsel or unrepresented opposing party. Indirect communication includes but is not limited to communication with a judicial officer’s staff. To communicate includes but is not limited to contact through in person discussion, by telephone or by correspondence through mail, express mail, overnight delivery, facsimile transmission, electronic mail, or electronic service.
Page 4 | G. Ex Parte Communications with the Court
In criminal actions, email communication with a judicial officer about a pending case requires notice and prior authorization; the officer may authorize it for the listed courtesy-copy, therapeutic-court, non-merits notice, and emergency purposes.
No lawyer or party to any criminal action may communicate by electronic mail directly or indirectly with a judicial officer regarding a pending case without notice and prior authorization from the judicial officer. Authorization may be granted in the discretion of the judicial officer in the following situations: a. Service of courtesy copies of pleadings on the court and opposing counsel or unrepresented party. b. Service of courtesy copies of trial documents including proposed jury instructions, witness lists, motions in limine jury questions and questionnaires and exhibit lists. c. Service of any documents approved for distribution by electronic mail by a judicial officer presiding over a therapeutic court. d. Notice to the court and opposing counsel or an unrepresented party on matters not involving the merits of a pending case including, for example, scheduling. e. Emergency communications provided the procedures addressed in G. 4., above, are followed.
Page 4 | G.5. Electronic Communications with the Court — Criminal Actions
Parties and lawyers must not communicate directly or indirectly with the judicial officer about a pending special circumstances case.
Neither a party nor a lawyer may communicate directly or indirectly with a judicial officer regarding a special circumstances case pending before that judicial officer.
Page 5
In a civil action, lawyers and parties must not email a judicial officer about a pending case without the officer’s prior authorization and notice to opposing counsel or an unrepresented party.
No lawyer or party to any civil action may communicate by electronic mail directly or indirectly with a judicial officer regarding a pending case without prior authorization from the judicial officer and notice to opposing council or unrepresented party.
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