Santa Barbara Superior Court Document Filing Requirements

CRITICAL

Applies to

Conservator fee request

A conservator fee request cannot rely on a broad general description of services or a simple recitation of time spent.

A broad, general description of services or a simple recitation of time spent is not adequate.

CRITICAL

Applies to

Civil case cover sheet addendum

A civil action or proceeding presented for filing must include the signed Civil Case Cover Sheet Addendum (form SC-2069), signed by plaintiff’s counsel or by the self-represented plaintiff.

In addition to the Civil Case Cover Sheet required by the California Rules of Court, a civil action or proceeding presented for filing must be accompanied by the Civil Case Cover Sheet Addendum (form SC-2069), signed by counsel for plaintiff, or by the plaintiff if he or she is self-represented.

CRITICAL

Applies to

Statement of economic interests

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.

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.

CRITICAL

Applies to

Objection

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.

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.

CRITICAL

Applies to

Forms marked with asterisk

Forms marked with an asterisk are mandatory for use.

Forms marked with the asterisk (*) are adopted for mandatory use.

CRITICAL

Applies to

Notice of cancellation

The Notice of Cancellation of Mediation must use Local Form # SC-4017.

The use of the Notice of Cancellation of Mediation form is mandatory

CRITICAL

Applies to

Inventory and appraisal

If required, the personal representative or estate attorney must apply to the court to increase or reduce the bond when filing the Inventory and Appraisal.

If required, upon filing the Inventory and Appraisal, the personal representative or the attorney for the estate shall apply to the court for an increase or reduction in the amount of the bond as required by California Rules of Court, rule 7.204.

CRITICAL

Applies to

Remand declaration

Each party’s post-remand declaration must describe the material federal pleadings and pertinent rulings, with certified or conformed copies attached.

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. Certified or conformed copies of all such pleadings and papers shall be attached to the declaration.

CRITICAL

Applies to

Distribution order

If an heir or beneficiary dies during estate administration, the distribution order must direct distribution to the personal representative or, if applicable, the persons entitled under a Probate Code section 13101 summary proceeding.

(g) [Distribution to Deceased Heir or Beneficiary] (1) When an heir or beneficiary dies during administration of an estate, the order must provide for distribution to the personal representative of the estate of the heir or beneficiary, or, if applicable, to the person(s) entitled to the property in a summary proceeding pursuant to a declaration or affidavit under Probate Code section 13101.

CRITICAL

Applies to

Neutral report

The neutral must report to the CADRe Director on the CMADRESS conference using the Court ADR Committee-approved form provided upon assignment, and the completed form must be filed with the Court.

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.

CRITICAL

Applies to

Failure to appear notice

The failure-to-appear notice must set a new examination date and time for the person to appear.

The “failure to appear” notice shall set a new examination date and time at which the person to be examined shall be required to appear.

CRITICAL

Applies to

Stipulated continuance request

For a stipulated continuance, the parties must present a written stipulation and an FL-307 with its caption and initial items completed by the scheduled start of the hearing.

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.

CRITICAL

Applies to

Family law information statement

A party requesting or counter-requesting a conference must file and serve a completed Family Law Information Statement 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.

CRITICAL

Applies to

Receipt

A payment receipt must be filed unless an order defers or waives payment of the assessment.

A receipt for payment must be filed, unless the fiduciary has obtained an order deferring or waiving payment of the assessment.

CRITICAL

Applies to

Trial brief

Jury-trial briefs must include a separate agreed statement of the case and use the specified e-filing code and filing description.

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.

CRITICAL

Applies to

Fine payment plan application

A defendant seeking a fine deferment or installment plan must submit a completed application and nominal administration fee to the Clerk’s fiscal unit in the division where the case is calendared; incomplete applications are not accepted.

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.

CRITICAL

Applies to

Final action notice

The complaint coordinator must promptly notify the complainant and mediator in writing of the court’s final 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.

CRITICAL

Applies to

Stipulation

If the mediator proceeds because it is in the children’s best interests, a party who has not attended and has no waiver must sign a stipulation, incorporated into a court order, requiring attendance by a specified date.

The mediator may proceed with the mediation if it is in the best interests of the children. In such a case, the mediator shall first require any party who has not attended the program and who has failed to obtain a waiver of the requirement, to sign a written stipulation, which will be incorporated in a court order, requiring that party to attend the required program not later than a specified date.

CRITICAL

Applies to

Petition for withdrawal of funds from blocked account

The petitioner must use attachments to provide information required by the preceding paragraph but not requested on the Judicial Council form.

Petitioner must use attachments to supply the information described in the above paragraph that is not otherwise called for on the Judicial Council form.

CRITICAL

Applies to

Statement of agreement or non agreement adr 100

The neutral must file a Statement of Agreement or Non-Agreement (ADR-100) 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.

CRITICAL

Applies to

Notice of nonappearance

If good cause prevents a party from appearing at a case management conference, the party must file and serve a notice of non-appearance as soon as possible and at least 15 calendar days before the conference, in addition to the required statement.

If for good cause a party is unable to appear for a case management conference, the party must file and serve a notice of non-appearance (see Local Form SC-4030) as soon as possible but at least 15 calendar days prior to the case management conference in addition to the statement required by subdivision (b) of this rule.

CRITICAL

Applies to

Notice of mediation

The Notice of Mediation must use Local Form # SC-4042.

The use of the Notice of Mediation form is mandatory.

CRITICAL

Applies to

Supporting declaration

If there is no computerized support calculation, the declarations must include admissible evidence establishing the applicable tax rates, taxes, and tax calculations.

In the absence of a computerized calculation of support, such declarations must also include admissible evidence establishing the applicable tax rates, taxes and tax calculations.

CRITICAL

Applies to

Attorney fee request

An attorney fee request must be supported by a verified petition or declaration stating the required information.

(1) Pursuant to CRC 7.751, the requested fee must be supported in a verified petition or by a separate verified declaration stating the nature, benefit to the conservatee or conservatorship estate, time spent, hourly rate, detail of services rendered, and the amount requested.

CRITICAL

Applies to

Case management conference statement

Unless the court expressly exempts them, counsel and self-represented litigants must meet and confer and file a CMC statement at least 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.

CRITICAL

Applies to

Notice of certification

The treating facility must place an identification number in the top portion of the completed Notice of Certification.

(c) [Notice to the Court] Upon the completion of the Notice of Certification form by the “two professionals”, the treating facility shall place an identification number in the top portion of the form.

CRITICAL

Applies to

Interim accounting

All interim accountings must address the sufficiency of the bond.

Sufficiency of the bond must be addressed in all interim accountings.

CRITICAL

Applies to

Letters of personal representative

If no bond is required, the proposed personal representative must take the prescribed oath and sign, date, and submit the Letters before the hearing; if a bond is required, the executed Letters may be submitted before the hearing or with the bond after the hearing.

If a bond is not required, the proposed personal representative shall take the prescribed oath of office and sign, date, and submit the Letters prior to the hearing on the petition for appointment. If a bond is required, the proposed personal representative may submit the executed Letters prior to the hearing or with the bond after the hearing.

CRITICAL

Applies to

Declination

A nominated personal representative who declines to act must file a signed declination before the probate petition hearing, unless evidence establishes incompetence, refusal to act, or inability to locate the nominee.

If a person nominated as personal representative in the will declines to act, a signed declination must be filed prior to the hearing on the petition for probate unless evidence is produced that the nominated person is not competent pursuant to Probate Code section 8402, refuses to act, or cannot be located.

CRITICAL

Applies to

Investigation report

The complaint coordinator must promptly forward a copy of the report and recommendation to the presiding judge or designee.

The complaint coordinator must promptly forward a copy of the report and recommendation to the presiding judge or to his or her designee.

CRITICAL

Applies to

Evaluation order

An evaluation order must determine and allocate evaluation fees or costs between the parties and state sanctions for nonpayment; it may reserve jurisdiction for reallocation.

(g) [Fees] Any order for evaluation shall make a determination and allocation between the parties any fees or costs for the evaluation and shall set forth the sanctions for failure to pay. Such order may include a reservation of jurisdiction for re-allocation. (CRC 5.220 (d) (1) (D)).

CRITICAL

Applies to

Petition for withdrawal of funds from blocked account

The petition must be calendared and should not be submitted ex parte.

The petition must be calendared and should not be submitted ex parte.

CRITICAL

Applies to

Ability to pay determination

The Ability to Pay Determination must be submitted with the SC-1038 Financial Affidavit.

(Must be submitted with SC-1038 Financial Affidavit)

CRITICAL

Applies to

Spousal property petition

The spousal property petition must include any additional facts supporting the claim that the property is community or quasi-community property.

(4) Any additional facts upon which the claim that property is community or quasi-community property is based.

CRITICAL

Applies to

Assignment

An assignment by a distributee must be filed in the proceeding when distribution is requested under the assignment.

(h) [Distribution Pursuant to Assignment] When distribution is requested pursuant to an assignment by a distributee, the assignment must be filed in the proceeding.

CRITICAL

Applies to

Original will

The original will must be submitted when the petition is filed unless it was previously lodged with the Court for safekeeping.

The original will must be submitted at the time of filing unless previously lodged with the Court for safekeeping.

CRITICAL

Applies to

Casa report

CASA volunteers must submit a written court report for every hearing.

Court-appointed CASA volunteers shall submit a written court report for all hearings, for filing with the court no later than two court days prior to a hearing.

CRITICAL

Applies to

Accounting petition

With each accounting, fees must be requested, waived, or deferred; a silent petition is treated as waiving fees, and a deferral request must specify and support the amount.

Fees must be requested, waived, or deferred in conjunction with each accounting. If the petition is silent, the court will assume that fees have been waived. If deferral of payment is requested, the amount of fees requested must nevertheless be specified and adequately supported so the court can fix the amount to be deferred.

CRITICAL

Applies to

Petition for distribution

If a minor’s funds will be distributed to a fiduciary, the petition must identify the fiduciary.

If money belonging to the minor is to be distributed to a fiduciary (e.g., a probate guardian, a trustee or custodian), the fiduciary must be identified in the petition.

CRITICAL

Applies to

Supporting declaration

A request for a residence exclusion order must include supporting declarations detailing the most recent physical harm, threats, disposition toward violence, and alcohol or drug abuse, with the date of each occurrence.

The party seeking such an order shall include in the supporting declaration(s) a full description, in detail, of the most recent instance(s) of physical harm, threats, any disposition toward violence, and any abuse of alcohol or drugs, and shall specify the date of each occurrence.

CRITICAL

Applies to

Petition for authority to expend funds for support

A petition for support expenditures must include the parent’s financial declaration describing income, expenses, and any applicable justification, and must list each requested item and its cost separately when multiple items are requested.

Such requests must be accompanied by a financial declaration by the parent or parents describing their income and expenses and, if applicable, other circumstances justifying the use of the minor's assets. If the request is for multiple items, each item must be listed separately, with its cost.

CRITICAL

Applies to

Accounting

A guardian of the estate appointed for multiple minors must file a separate accounting for each minor, though the accountings may be included in one petition.

When a guardian of the estate is appointed for more than one minor, the guardian shall file a separate accounting for each minor. Separate accountings may be included in a single petition.

CRITICAL

Applies to

Deposition

Counsel must advise the court if any deposition to be used at trial is unsigned.

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.

CRITICAL

Applies to

Electronic filing

An electronic filing must designate the appropriate Court division based on the venue rules.

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.

CRITICAL

Applies to

Comparable program printout

A Judicial Council-approved program other than DissoMaster™ must use comparable assumptions and settings and provide a comparable printout.

If a Judicial Council-approved computer program other than DissoMaster™ is used, comparable assumptions and settings shall be used, and a comparable printout shall be provided.

CRITICAL

Applies to

Non electronic original documents

A party submitting non-electronic original documents must include either a sufficiently stamped self-addressed envelope or an attorney-service pickup slip.

The party submitting the non-electronic original documents must include a self-addressed envelope with sufficient postage for mailing the documents or an attorney service pick up slip.

CRITICAL

Applies to

Certification review hearing determination

At the hearing’s conclusion, the hearing officer must orally notify the subject of the determination; written notice must then be provided as soon as practical and state the evidence relied upon and the reason for the determination.

The person who is the subject of a certification review hearing shall be given oral notification of the determination at the conclusion of the certification review hearing by the hearing officer. As soon as thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment, shall be provided with written notification of the certification review hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination.

CRITICAL

Applies to

Juvenile petition

Petitions for resident and nonresident minors must be filed in the appropriate regional Clerk’s office where the alleged circumstances occurred.

[Occurrence Jurisdiction] Petitions for both Santa Barbara County resident minors and for minors whose legal residence is outside the county shall be filed in the appropriate North County and South County region office of the Clerk where the circumstances alleged in the petition occurred.

CRITICAL

Applies to

Application for examination

Must include

proposed order

The judgment creditor must complete the form’s proposed-order portion with the hearing date and time and verify that the court is available then.

It is the judgment creditor’s responsibility to complete the proposed order portion of the form, including the date and time of the examination hearing, and to verify that the court is available at such date and time for the examination.

CRITICAL

Applies to

Statement of economic interests

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.

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.