Santa Barbara Superior Court Document Filing Requirements

CRITICAL

Applies to

Trial exhibit

Trial exhibits must be filed, lodged, or otherwise made available to the court according to the applicable department’s policy and orders.

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.

CRITICAL

Applies to

Msc mediation requirements

The MSC/Mediation Requirements sent to the parties must be filed with the court before the scheduled MSC.

The judicial secretary will send out the MSC/Mediation Requirements to the parties. The requirements are to be filed with the court one (1) week prior to the scheduled MSC.

CRITICAL

Applies to

Examination order

An examination order for an entity must name a natural person unless the court orders otherwise for good cause.

A natural person must be named in the order for examination proceedings on behalf of a corporation, limited liability company, partnership, or other entity, unless the court for good cause orders otherwise.

CRITICAL

Applies to

Petition for distribution

A Petition for Distribution must detail the precise distribution plan and identify each distributee by name and as a minor or adult; a general reference to distribution under the will is insufficient.

The Petition for Distribution must set forth in detail the precise manner in which the estate is to be distributed. A general allegation that the estate is to be distributed in accordance with the terms of the will is not sufficient. The petition must set forth the name of the distributee and a statement as to whether the distributee is a minor or adult.

CRITICAL

Applies to

Emergency protective order application

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.

(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.

CRITICAL

Applies to

Family or juvenile court order

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.

(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.

CRITICAL

Applies to

Exception request

Requests for other exceptions must be submitted to the Court Executive Officer in writing and include supporting facts.

Requests for any other exception to this General Order must be submitted to the Court Executive Officer for the consideration of the Presiding Judge or their designee. All such requests shall be made in writing and shall include a statement of facts in support of the request.

CRITICAL

Applies to

Brief

A brief requesting Wende review must prominently cite People v. Wende on its cover or, if there is no cover, its first page.

People v. Wende shall be prominently cited on the cover, or the first page if there is no cover, of any brief requesting the Appellate Division to review the record on appeal to determine if there are any arguable issues that may require briefing as provided in People v. Wende (1979) 25 Cal.3d 436.

CRITICAL

Applies to

Joint statement of the case

The joint statement of the case for the jury must be filed for reading during voir dire, using the specified e-filing code and filing description.

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”.

CRITICAL

Applies to

Preliminary review summary

The complaint coordinator must provide a preliminary-review summary containing the complaint, mediator response, apparent violations, and relevant prior complaints and inquiry summaries.

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.

CRITICAL

Applies to

Increased bid in open court form

After a successful open-court overbid on real property, the SC-6004 Increased Bid in Open Court form must be completed, signed, and filed before the hearing concludes for the sale confirmation to be effective.

When there is a successful overbid in open court on a sale of real property, an "Increased Bid in Open Court" form (local court form number (SC-6004)) must be completed, signed, and filed with the court before the conclusion of the hearing; otherwise, confirmation is not effective.

CRITICAL

Applies to

Statement of economic interests

Judges and Court Commissioners must file Statements of Economic Interests and other required related forms as provided by law.

Judges and Court Commissioners will file Statements of Economic Interests and any other related and required forms, as elsewhere provided by law.

CRITICAL

Applies to

Zoom appearance request

A remote-appearance request based on extenuating circumstances must be filed using local Form SC-2073.

If extenuating circumstances exist that require a remote appearance, the court requires the filing of local Form SC-2073, Request to Appear by Zoom Videoconference/Order, at least 10 calendar days prior to the hearing date for the court’s review and consideration.

CRITICAL

Applies to

Ex parte request

Ex parte family-law documents must be filed without a hearing date inserted.

You must file your documents without a hearing date inserted.

CRITICAL

The Court title on the first page of a document must include the name of the appropriate Court division.

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.

CRITICAL

Applies to

Declaration

The declaration must describe differences between the settings used and those required by the rule.

The declaration must describe any differences in the assumptions (“settings”) employed and those required by this Rule.

CRITICAL

Applies to

Custodian consent

If distribution will be made to a custodian under the California Uniform Transfers to Minors Act, the custodian’s consent to act must be submitted.

The consent of the custodian to act, if distribution is to be made to a custodian under the California Uniform Transfers to Minors Act (Prob. Code, § 3900 et seq.).

CRITICAL

Applies to

Consent to serve

A consent to serve must be filed for each proposed personal representative other than the petitioner.

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each such proposed personal representative.

CRITICAL

Applies to

SC-1038 financial affidavit

The SC-1038 Financial Affidavit must be submitted with the SC-8028 Ability to Pay Determination.

SC-1038 Financial Affidavit 10/1/2021 (To be submitted with SC-8028 Ability to Pay Determination)

CRITICAL

Applies to

Stipulation and order to alternative dispute resolution process form

A stipulated ADR process must be documented by filing a fully executed ADR Stipulation.

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.

CRITICAL

Applies to

Conformed copies

A party requesting that conformed copies be returned by mail must include a stamped, self-addressed envelope.

If conformed copies are to be returned by mail, a stamped, self-addressed envelope must be included.

CRITICAL

Applies to

Continuance request

Must include

proposed order

A continuance motion, application, request, or stipulation must include a proposed order.

The motion, application, request, or stipulation must be accompanied by a proposed order.

CRITICAL

Applies to

Declination

Similarly, a written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act.

Similarly, a written declination must be filed by or on behalf of an individual who is entitled to priority for issuance of Letters of administration but does not desire to act, or evidence must be produced that the person with priority is not competent under Probate Code section 8402 or refuses to act.

CRITICAL

Applies to

Supervised visitation provider report

Each report filed by a professional supervised-visitation provider must have a separate, updated, completed, and signed FL-324(P) as its cover page.

(2) [Professional Providers] Each time a professional supervised visitation provider files a report with the court, the provider shall file a separate, updated, completed, and signed Judicial Council form FL-324(P) as the cover page for such report.

CRITICAL

Applies to

Witness list

Witness lists must be filed for use at the outset of voir dire, using the specified e-filing code and filing description.

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.

CRITICAL

Applies to

Accounting

Maintaining a blocked account does not excuse a guardian in a guardianship proceeding from submitting a timely accounting.

If funds are maintained in a blocked account in a guardianship proceeding, the guardian is not excused from submitting a timely accounting.

CRITICAL

Applies to

Petition

Each Probate Code petition must identify the basis for venue.

Each petition filed pursuant to the Probate Code must adequately identify the basis for venue.

CRITICAL

Applies to

Supervised visitation forms and reports

Must include

case number

Required forms and reports must identify the case name and number, be filed with the court, and be maintained in that case file.

Forms and reports required by this rule shall include the case name and case number of the case in which the services are being provided. Forms and reports shall be filed with the court and maintained in that case file.

CRITICAL

Applies to

Capacity hearing ruling

A copy of the capacity-hearing ruling must be submitted to the Clerk.

A copy of the ruling shall be submitted to the Clerk.

CRITICALCivil cases

Applies to

Order to appoint minor s counsel

The order appointing minor's counsel must expressly list the factors the court identifies as specific to the case.

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.

CRITICAL

Applies to

Trial brief

Non-jury trial briefs must address key controverted issues and include points and authorities.

Trial briefs directed at key controverted issues, complete with points and authorities, shall be submitted to the court no later than three (3) days prior to the date set for trial.

CRITICAL

Applies to

Family law information statement

Unless exempted by the court or under subdivision (c), counsel and self-represented litigants must file and serve a completed Family Law Information Statement on the other party at least 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).

CRITICAL

Applies to

Ex parte moving papers

Must include

proposed order

Required ex parte moving papers must include a copy of the proposed order.

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.

CRITICAL

Applies to

DE-147

The proposed personal representative must submit form DE-147 before the hearing if no bond is required; if a bond is required, the form may be submitted before the hearing or with the bond after the hearing.

If a bond is not required, the proposed personal representative shall submit the form (DE-147) prior to the hearing on the petition for appointment. If a bond is required, the proposed personal representative may submit the form (DE-147) prior to the hearing or with the bond after the hearing.

CRITICALCivil cases

Applies to

Exhibit packet

The exhibit packet must begin with an Exhibit List that numerically identifies each exhibit by number, type, and brief description.

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

Petition for approval of account

In cases involving a court investigation, a petition for approval of an account must state the court investigator’s assessments paid and any amount still due.

In cases involving a court investigation, a petition for approval of an account must state the amount of court investigator’s assessments that have been paid and any amount due and owing.

CRITICAL

Applies to

Business card

Each attorney must present business cards to the courtroom clerk when motions in limine are heard or, at the latest, on the first day of voir dire.

A set of business cards from each attorney shall be presented to the courtroom clerk at the time in limine motions are heard or, at the very latest, on the first day of voir dire.

CRITICAL

Applies to

Final accounting

A final accounting must be required when an estate conservatorship ends, subject to the stated waiver and court-order exceptions.

(2) A final accounting must be required on termination of the conservatorship of an estate except under the following circumstances: (i) the former conservatee who has been restored to full capacity waives the accounting; (ii) if the conservatee is deceased, when an accounting is waived by those persons entitled to receive distribution of the estate as provided in Probate Code section 10954; except that if conservator is also the personal representative of the conservatee’s estate or trustee of a trust that is the beneficiary of a will, waivers must be required by all heirs or devisees; or (iii) when the Court has ordered that accountings are not required pursuant to Probate Code section 2628 and the conditions of that section are otherwise met.

CRITICAL

Applies to

Written hearing determination notification

As soon as practical after the hearing, written notice of the determination must be provided to the subject, counsel or advocate, and facility director, and must state the evidence relied upon and the reason for the determination.

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

Supervised visitation provider form

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

(3) [Nonprofessional Providers] Prior to providing services, a nonprofessional supervised visitation provider shall file a completed and signed Judicial Council form FL- 324(NP).

CRITICAL

Applies to

Trustee consent

If distribution will be made to a trustee who is not the personal representative, the nominated trustee’s consent to act must be on file before the hearing on the petition.

If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee.

CRITICALCivil cases

Applies to

Income and expense declaration

Parties must be ordered to submit an Income and Expense Declaration for the court's ability-to-pay determination.

(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.

CRITICAL

Applies to

Pleading petition written notice of motion or similar paper

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

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

CRITICAL

Applies to

MC-356

The Receipt and Acknowledgment for the blocked-account deposit order (MC-356) must be filed with the Probate Court within 15 court days after the minute order.

Within 15 court days following the date of the minute order, the “Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account” (MC-356) must be filed with the Probate Court.

CRITICAL

Applies to

Default judgment request

A request for a clerk’s default judgment must use Judicial Council form CIV-100 or its successor and must not request a court hearing.

A request for default judgment by the court clerk (Code Civ. Proc., § 585, subd. (a)) is made by submitting the request on Judicial Council form CIV-100 (or successor form) without requesting a court hearing.

CRITICAL

Applies to

Petition for distribution

If a distributee is a minor, the petition must identify how the funds will be distributed.

If the distributee is a minor, the manner in which the funds are to be distributed must be identified.

CRITICAL

Applies to

Deposition

When e-lodging depositions, use the “Deposition Lodged” code and enter the trial date in the Filing Description field.

Use eFiling code “Deposition Lodged”. Add the trial date in the Filing Description field.

CRITICAL

Applies to

Disclaimer

A copy of the disclaimer must be on file before the hearing on a petition to distribute an affected asset.

(i) [Distribution Pursuant to Disclaimer] A copy of a disclaimer must be on file prior to the hearing on a petition for distribution of an affected asset.

CRITICAL

Applies to

Notice of lodging

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.

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.

CRITICAL

Applies to

Statement of economic interests

Persons assigned to Disclosure Category 3 must report all investments, income sources, real-property interests, and positions in business entities, subject to the stated instructions that follow.

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: