Santa Barbara Superior Court Document Filing Requirements

CRITICAL

Applies to

Exception application

A party seeking a court-authorized exception must apply by stipulation, ex parte application, or noticed motion, supported by a declaration showing good cause.

Where exceptions to this rule are permitted upon order of the court, a party seeking such exception shall apply for the exception by stipulation, by ex parte application, or by noticed motion, and such application or motion shall be supported by a declaration showing good cause.

CRITICAL

Applies to

Investigation report

The investigator or complaint committee must prepare a written report summarizing the investigation and stating a recommendation on the final decision.

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.

CRITICAL

Applies to

Application for examination

A judgment creditor must apply for an examination order using Judicial Council form EJ-125 or its successor.

A judgment creditor shall apply for 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 using Judicial Council form EJ-125 (or successor form).

CRITICAL

Applies to

Trust petition

A petition under Probate Code section 17200 et seq. must allege facts establishing the trust’s principal place of administration, usually including the city or unincorporated area where its day-to-day activity occurs.

Every petition filed under Probate Code section 17200 et seq. shall contain facts necessary to determine the principal place of administration of the trust. In most instances, this requires an allegation of the city or unincorporated area in which the day-to-day activity of the trust is carried on.

CRITICAL

Applies to

Examination order

When a new examination date is requested after untimely service, a new examination order must be submitted to the court.

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.

CRITICAL

Applies to

Petition for probate

For a contested petition seeking ex parte appointment of a special administrator, the available hearing date and time confirmed with the court must be placed in the appropriate caption box.

(2) If the petition is contested, the hearing date and time confirmed with the court as available must be placed in the appropriate caption box.

CRITICAL

Applies to

Motion in limine

Motions in limine must use the specified e-filing code and include the trial date, motion number, and description in the Filing Description field.

Use eFiling code “Motion in Limine” and add the trial date in the Filing Description field followed by the motion number and description.

CRITICAL

Applies to

Reply

Replies must comply with CRC 5.92 requirements for response documents and clearly identify what they respond to.

Responses to responses (replies) shall comply with CRC 5.92 requirements for response documents and shall clearly state to what the document is responding.

CRITICAL

Applies to

Petition for distribution

The petition must describe heirs taking by intestacy sufficiently for the court to assess whether intestate succession was properly applied.

Heirs who take by virtue of intestacy must be sufficiently described to permit the court to determine if the laws of intestate succession have been properly applied.

CRITICAL

Applies to

Motion request application

Must include

proposed order

All motions, requests, and applications must include a proposed order, in addition to CRC 8.808 requirements.

In addition to the requirements of CRC 8.808, all motions, requests, and applications must be accompanied by a proposed order.

CRITICAL

Applies to

Proof of service

If no one is entitled to notice, the proof of service for the Notice of Petition to Administer Estate must state that fact.

If there is no one entitled to notice, a statement to that effect shall appear on the proof of service of the Notice of Petition to Administer Estate (DE-121).

CRITICAL

Applies to

Financial document exchange compliance declaration

Each party must file and serve a completed form SC-4028 or SC-4029 by the applicable Exchange Date, verifying compliance or explaining incomplete 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.

CRITICAL

Applies to

Report

The report must include the calculation of the reasonable amount for the cost of recovery to collect on the bond, as provided in CRC 7.207.

The calculation for the reasonable amount for cost of recovery to collect on the bond must be included in the report as provided in CRC 7.207.

CRITICAL

Applies to

Petition for instructions

If the petitioner takes a position on the issue, the petition must state that position and its legal basis.

If the petitioner is taking a position on the issue, the petition shall set forth the position as well as the legal basis for such position.

CRITICAL

Applies to

Complaint

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.

(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.

CRITICAL

Applies to

Application for new order

Unless the court orders otherwise, a further hearing requires an application for a new order and may not be scheduled earlier than 120 days after the originally scheduled hearing.

Except as otherwise ordered by the court, no further hearing will be scheduled except upon application for a new order with the further hearing scheduled no earlier than 120 days from the date of the originally scheduled hearing.

CRITICAL

Applies to

Petition for authority to expend funds for support

A request to pay for an educational or recreational program must describe the program and state why it is necessary or appropriate for the minor.

Requests to pay for educational or recreational programs must describe the program and include a statement as to the necessity or appropriateness of the program for the minor.

CRITICAL

Applies to

Spousal property petition

A spousal property petition based on community or quasi-community property must include the marriage details, decedent’s property at marriage, and acquisition details for each affected asset.

(a) If the basis for claim that property should pass or be confirmed to the surviving spouse is that the property is community or quasi-community property, then the following information must be included in the spousal property petition: (1) Date and place of marriage; (2) Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values; (3) For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc.;

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions, pinpoint instructions, special findings, and verdict forms must be filed, with nonstandard language labeled and supported as specified.

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. Any proposed language that is added to and/or differs from the CACI approved language shall be identified as a “Special Instruction” in the heading with a separate attachment with any supporting points and authorities. Use eFiling code “Jury Instructions, Proposed, Filed” and add the trial date in the Filing Description field.

CRITICAL

Applies to

Special fee approval order

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.

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.

CRITICAL

Applies to

Petition

A Probate Code section 11700 petition must identify the specific determination sought and provide for complete disposition of the estate property.

A petition under Probate Code section 11700 must set forth the specific determination which the petitioner believes the court should make and must provide for a complete disposition of the property of the estate.

CRITICAL

Applies to

Petition for probate

For an uncontested ex parte petition seeking appointment of a special administrator without a hearing, the Petition for Probate must include “Without Hearing” in the “Hearing Date and Time” caption box.

(1) If the petition is uncontested, a party seeking ex parte appointment of special administrator without a hearing must include “Without Hearing” in the caption box titled “Hearing Date and Time” in the Petition for Probate (Judicial Council form DE-111).

CRITICAL

Counsel must provide the court copies of the Demand and Response for Exchange of Expert Witnesses to assist with expert-witness rulings.

Counsel shall provide the court with a copy of their Demand for Exchange of Expert Witnesses and their Response to Demand for Exchange of Expert Witnesses to assist the court in ruling on expert witness issues.

CRITICAL

Applies to

Temporary spousal support calculation

A request for temporary spousal support, including a request to change it, must include a calculation under Local Rule 1415(a).

In addition to evidence as to all other relevant factors to be presented to the Court for consideration, parties or counsel shall submit with any request for, or request for change to, temporary spousal support a calculation of temporary spousal support in accordance with the formula set forth in Local Rule 1415(a).

CRITICAL

Applies to

Stay away order request

A stay-away order request must state whether the restrained party resides at the residence or has moved and when, and whether the requested order would create problems because the parties work together or have good cause to go to the child’s school.

Requests for orders requiring a party to stay away from the other party’s residence, place of business, or child’s school, shall indicate whether the party to be restrained is residing in the residence or has moved and the date he or she moved, and whether the order requested would be problematic due to the fact that both parties work at the same place or have good cause to go to the child’s school.

CRITICAL

Applies to

Certified copy of letters of guardianship

If distribution will be made to a probate guardian, a certified copy of the Letters of Guardianship must be submitted.

A certified copy of the Letters of Guardianship, if distribution is to be made to a probate guardian;

CRITICAL

Applies to

Statement of economic interests

Persons assigned to Disclosure Category 1 must report interests in real property located in Santa Barbara County or within two miles of it.

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.

CRITICAL

Applies to

Case management conference statement

Before the CMC, counsel must discuss ADR and settlement procedures with clients, have authority to act for them on ADR matters, and enter this information in the case management statement.

Prior to the CMC, counsel shall have discussed ADR methods and settlement procedures with their clients, shall have authority to act on behalf of their clients with respect to ADR processes, and shall have entered this information on the case management statement.

CRITICAL

Applies to

Certificate of completion

A party who participates electronically must print and file a hardcopy Certificate of Completion by the time allowed to complete PEACE attendance.

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.

CRITICAL

Applies to

Petition

If the required affidavit or declaration cannot be filed, the petition must explain why.

If the required affidavit or declaration cannot be filed, the petition must state why it cannot be filed.

CRITICAL

Applies to

Exhibit list

File a joint exhibit list when possible, or separate exhibit lists otherwise, using the specified e-filing code and filing description.

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.

CRITICAL

Applies to

Default judgment application

The default-judgment applicant must file the application, all supporting documents, and the proposed judgment together.

The party applying for the default judgment shall concurrently file the application, all supporting documents, and proposed judgment with the court.

CRITICAL

Applies to

MC-355

If a blocked account will be used, a separate Order To Deposit Money Into Blocked Account (MC-355) must be submitted.

A separate “Order To Deposit Money Into Blocked Account” (MC-355) if a blocked account is to be used.

CRITICAL

Applies to

Supervised visitation provider form

A professional supervised-visitation provider must file a completed and signed FL-324(P) before providing services.

(1) [Professional Providers] Prior to providing services, a professional supervised visitation provider shall file a completed and signed Judicial Council form FL-324(P).

CRITICAL

Applies to

Statement of economic interests

A Category 3 employee who disqualified themself because of a financial interest must disclose the case or assignment and the disqualifying interest and file the statement with the Filing Officer.

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.

CRITICAL

Applies to

Statement of economic interests

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.

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.

CRITICAL

Applies to

Custody or visitation order request

A request to establish or modify custody or visitation must include a declaration stating the status of any referral to Child Welfare Services or law enforcement.

In addition to those matters set forth in CRC 5.151(d)(5), a party who requests an order to establish or modify custody or visitation shall set forth by declaration the status of any referral to Child Welfare Services or law enforcement.

CRITICAL

Applies to

Parent declaration

For a distribution under Probate Code section 3401, a declaration from the parent or parents must state that the minor’s estate, including the bequest, does not exceed the statutory maximum.

Declaration from the parent(s) that the minor's estate, including the bequest, does not exceed the statutory maximum if distribution is to be made under Probate Code section 3401;

CRITICAL

Applies to

Juvenile petition and intercounty transfer

Juvenile petitions and intercounty transfers must be filed with the Clerk at the appropriate North or South County regional juvenile court facility.

[Filing Locations] All Juvenile petitions and intercounty transfers shall be filed with the Clerk at the appropriate North County and South County region juvenile court facilities.

CRITICAL

Applies to

Statement of decision and judgment

In contested matters, the parties must comply with CRC 3.1590 requirements for statements of decision and judgments.

(b) [Preparation of Judgment] The parties shall comply with the requirements of CRC 3.1590 with respect to statements of decision and judgments in contested matters.

CRITICAL

Applies to

Spousal property petition

If the spousal property claim is based on a document, an authenticated copy must be attached to the petition.

(b) If the claim is based on a document, a copy of the document must be attached to the petition and properly authenticated.

CRITICAL

Applies to

Written agreement

When distribution differs from the will or intestate succession, a written agreement signed by all affected parties must be on file.

(f) [Distribution Pursuant to Agreement] If distribution is to be other than according to the terms of the will or the laws of intestate succession, there must be a written agreement on file and signed by all parties affected by the distribution.

CRITICAL

Applies to

Accounting

At each accounting, a verified confidential summary or recapitulation must be filed with the listed trust-interest, income, and trustee information.

(b) [Allegation re Trust] At the time of each accounting, a verified summary or recapitulation showing the following shall be filed as a confidential statement: (1) A description of the conservatee’s beneficial interest in the trust; (2) The amount of income generated for the benefit of the conservatee, regardless whether distributed or applied to principal; (3) The name, address, and telephone number of the trustee; and (4) Any income distributed to or for the benefit of the conservatee. Such income must be included in an accounting to the Court pursuant to Probate Code section 2620.

CRITICAL

Applies to

Court-appointed counsel information submitted to court

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.

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.

CRITICAL

Applies to

Trust petition

Specified trust petitions must include a true and correct copy of the trust and any amendments, disclaimers, and relevant directions or instructions to the trustee.

Petitions requesting orders regarding the internal affairs of the trust pursuant to Probate Code section 17200 or conveyance or transfer of property claimed to belong to the trust pursuant to Probate Code section 850 shall be accompanied by a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust.

CRITICAL

Applies to

Blocked account receipt and acknowledgement

When funds are ordered deposited into a blocked account, the MC-356 acknowledgment form must be used and signed by an authorized signatory of the receiving institution.

When the Court orders funds to be deposited into a blocked account, the deposit must be acknowledged by Judicial Council form “Receipt and Acknowledgement of Order for the Deposit of Money Into Blocked Account” (MC-356). This form must be signed by an authorized signatory of the institution into which the funds were deposited.

CRITICAL

Applies to

Trial calendar removal

Unless the court orders otherwise, a case may be removed from the trial calendar only after a written settlement covering all issues is submitted or the parties and counsel recite an enforceable agreement covering all issues on the record.

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

CRITICALCivil cases

Applies to

Exhibit packet

The exhibit packet must begin with an Exhibit List that gives each exhibit's number, type, and brief description in numerical order.

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.

CRITICAL

Applies to

Trust petition

Petitions under Probate Code section 17200 et seq. relating to the same trust must be filed under the same case number.

All petitions filed under Probate Code section 17200 et seq. which relate to the same trust shall be filed under the same case number.

CRITICAL

Applies to

Account

If the specified closing balance or Inventory and Appraisal does not match its corresponding financial statement, the account must include a detailed reconciliation schedule.

Where a closing balance reported in the “Property on Hand” schedule (at end of the accounting period) and/or an Inventory and Appraisal (for first accounting) does not agree with the balance reported in its corresponding financial statement, the account must include a schedule with a detailed reconciliation.