Santa Barbara Superior Court Document Filing Requirements
280 rules from official source documents
Rules 151 to 200, page 4 of 6
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Complaint closure notice
When closing a complaint without an investigation, the complaint coordinator must send the complainant notice of the closure.
If the complaint coordinator closes a complaint without initiating an investigation, the coordinator must send the complainant notice of this action.
CRITICAL
- Applies to
- Mediation agreement
A written mediation agreement must be signed by the parties and approved by retained counsel before it may be presented to or approved by the court.
If a tentative agreement has been reached between the parents at the mediation, the mediator shall prepare a written agreement and present it to the self- represented parent(s) or the counsel for parent(s), if represented, for approval. No agreement shall be presented to the court, nor shall the court approve any agreement, until it has been signed by the parties and approved by their counsel, if retained.
CRITICAL
- Applies to
- Request for order dispensing with notice
A request for an order dispensing with notice must include a declaration of due diligence.
A request for an order dispensing with notice must be accompanied by a declaration of due diligence.
CRITICAL
- Applies to
- Declaration
The fiduciary must affirm under penalty of perjury that electronically filed originals came from the financial institution or other source in electronic form and were not altered.
The fiduciary must affirm under penalty of perjury that all of the original documents so filed were received from, or printed from the official website of, the financial institution or other source in electronic form without alteration.
CRITICALCivil cases
- Applies to
- Request for additional compensation
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.
- (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.
CRITICAL
- Applies to
- Trust petition
A petition seeking a determination that property is a trust asset must include all testamentary instruments and current, pertinent title documents, plus any beneficiary designation or an allegation that inquiry found none.
Petitions requesting a determination that certain property is an asset of the trust shall also include: (A) Copies of all testamentary instruments; (B) Copies of all pertinent and current documents of title to the assets in question. If the asset is an account, stock, or other asset for which a beneficiary designation may have been executed, a copy of the beneficiary designation must be submitted, or an allegation that inquiry has been made and no beneficiary designation was completed for the account.
CRITICAL
- Applies to
- Case management statement
A Case Management Statement must be filed for every CMC unless the court orders otherwise.
Case Management Statements are required to be filed for every CMC, unless otherwise specifically ordered.
CRITICAL
- Applies to
- Ex parte hearing notice
Notice of an ex parte hearing must advise an unrepresented responding party of the right to attend, have counsel, and submit a written response.
If the responding party is not represented by counsel, the party providing notice shall affirmatively advise the responding party that he or she has a right to be present at the hearing of the application, to be represented by counsel, and to submit a written response to the application.
CRITICAL
- Applies to
- Social study report
Social study reports must be filed in the same manner as juvenile petitions.
The reports shall be filed in the same manner as juvenile petitions.
CRITICAL
- Applies to
- Declaration
The required affirmation must be in a separate declaration filed with the account statements.
That affirmation must be contained in a separate declaration filed with the account statements.
CRITICAL
- Applies to
- Appeal
An appeal must use the same case number as the capacity-hearing petition.
Appeal case numbers shall be the same as the capacity hearing petition number.
CRITICAL
- Applies to
- Failure to appear notice
The applicant must complete Local Form SC-2068 and submit it to the court for signature and mailing as the failure-to-appear notice.
The “failure to appear” notice shall be in the form of Local Form SC-2068, which shall be completed by the applicant and submitted to the court for signature and mailing.
CRITICAL
- Applies to
- Affidavit or declaration
For distribution to a person collecting assets under Probate Code section 13100, the required section 13101 affidavit or declaration must be filed before distribution is ordered.
(2) If distribution is to be made to a person collecting assets under Probate Code section 13100, the required affidavit or declaration pursuant to Probate Code section 13101 must be filed before distribution will be ordered.
CRITICAL
- Applies to
- DissoMaster formal report
When DissoMaster™ is used, the Formal Report must be submitted.
If the DissoMaster™ program is used, the “Formal Report” must be submitted.
CRITICAL
- Applies to
- Counsel fee request
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.
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.
CRITICAL
- Applies to
- Order of appointment
At the outset of an evaluation, the evaluator must receive an appointment order specifying the governing statute and the evaluation’s purpose and scope.
(e) [Initial Order] At the outset of the evaluation, the evaluator shall be provided with a copy of the order of appointment that specifies the statute under which the evaluation is to be completed (Evidence Code section 730, FC section 3110 or CCP section 2032.010 et seq), and that sets forth the purpose and scope of the evaluation. (CRC 5.220 (B) (i) and (ii)).
CRITICAL
- Applies to
- Photography or film request
Requests to photograph or film unoccupied or unused courtrooms, jury rooms, or employee work areas must be submitted to the Court Executive Officer in writing and include supporting facts.
Requests to photograph or film unoccupied or unused courtrooms, jury rooms, or employee work areas must be submitted to the Court Executive Officer. All such requests shall be made in writing and shall include a statement of facts in support of the request.
CRITICAL
- Applies to
- Supporting declaration
When child support or temporary spousal support is at issue, each party must file and serve a supporting declaration stating their child-support calculation and, if applicable, their temporary spousal-support calculation.
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.
CRITICAL
- Applies to
- Mini opening statement
Mini-opening statements must be submitted to the court in writing and use the specified e-filing code and filing description.
Those must be e-filed with the court in writing at least five (5) days before trial. Use eFiling code “Statement” and add the trial date in the Filing Description field followed by “Opening”.
CRITICAL
- Applies to
- Distribution order
A distribution order may not state its distribution plan by referring to the petition or another document.
Orders may not contain distribution plans which refer to the petition or any other document.
CRITICAL
- Applies to
- Investigation report
The investigator or complaint committee must submit its report and recommendation to the complaint coordinator.
The investigator or complaint committee must submit its report and recommendation to the complaint coordinator.
CRITICAL
- Applies to
- Notice of certification
The Notice of Certification must be signed by two professional persons who personally participated in the evaluation.
(a)(2) The Notice of Certification shall be signed by two “professional persons” who personally participated in the evaluation. (Welfare & Institutions code sections 5251, 5261 and 5270.20).
CRITICAL
- Applies to
- Report
The report must state the specific assets on hand.
The report must include a statement of the specific assets on hand.
CRITICAL
- Applies to
- Juvenile admission record form
For a minor described by W&I Code section 602, the Juvenile Admission Record form must accompany the minor or be completed when custody is transferred.
When a minor described by W&I Code section 602 is delivered to any designated detention facility, a Santa Barbara County Probation Department Juvenile Admission Record form shall either accompany the minor or be completed at the time custody is transferred.
CRITICAL
- Applies to
- Notice of certification
A Notice of Certification must be executed and designate the applicable detention period and the facts supporting involuntary detention and intensive treatment.
(a)(1) [Requirement for a Notice of Certification] To detain a person involuntarily in a facility designated by the County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation, placed under W&I Code section 5150 in such a seventy-two(72) hour treatment and evaluation facility for up to fourteen (14) days of intensive treatment (W&I Code section 5250); or for up to an additional fourteen (14) days of intensive treatment for suicidal persons (W&I Code section 5260); or, for up to an additional thirty (30) days of intensive treatment for gravely disabled persons (W&I Code section 5270.15), a Notice of Certification for such involuntary detention shall be executed designating the particular detention period applicable and the facts forming the basis of the need for such involuntary detention and intensive treatment.
CRITICAL
- Applies to
- Supporting declaration
The supporting declaration, considered with the Income and Expense Declarations, must contain admissible evidence establishing every fact needed to compute support.
The declaration, when taken together with the Income and Expense Declarations, must contain admissible evidence establishing each fact necessary to the computation of support.
CRITICAL
- Applies to
- Settlement conference statement
Each party must lodge and serve a settlement conference statement containing the contested issues, settlement proposals, and specified current financial information.
(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: (1) A statement and discussion of each contested issue; (2) A good faith settlement proposal as to each contested issue; and, (3) A current Income and Expense Declaration and, if child or spousal support is an issue, a declaration as provided in Local Rule 1418, including a current DissoMaster™ printout or other calculation showing what each party believes to be the appropriate levels of support.
CRITICAL
- 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
- Petition
The petition must state when the bond was last renewed and when the next premium is due.
The petition must also contain an allegation as to the date the bond was last renewed and when the next premium is due.
CRITICAL
- Applies to
- Notice of certification
The specified Notices of Certification must use the forms prescribed by the cited statutes, which are included in the Rules’ Appendix.
(b) [Form of Notice of Certification] The Notice of Certification forms for W&I code sections 5250 and 5270.15 are prescribed in W&I code section 5252. The Notice form for W&I Code section 5260 is prescribed in W&I Code Sections 5262. Both forms are included in the Appendix to these Rules.
CRITICAL
- Applies to
- Application to waive notice
A request to waive ex parte notice must include with the application a declaration stating the facts supporting the requested waiver, using Form FL-303 or another appropriate document.
If a party requests the court to waive notice pursuant to CRC 5.165(b)(2), the requesting party must comply with that rule and include with the application (on Judicial Council Form FL-303 or by other appropriate document) a declaration as to the facts supporting the requested waiver of notice.
CRITICAL
- Applies to
- Petition
A petition to dispense with an accounting must include the specified estate values, financial statements, public benefit payment details, and other monthly income information.
The petition shall state: (A) The value of the estate at the beginning and end of the accounting period, exclusive of conservatee’s residence. It is not sufficient to allege that the total net value, exclusive of the residence, is less than the statutory amount. A copy of financial statements showing the ending balances shall be filed with the petition. (B) The amount and nature of the “public benefit payments.” It is not sufficient to allege that monthly payments, exclusive of public benefit payments, were less than $2,000. (C) A description of any other monthly income for each month of the accounting period, excluding wages and salaries of conservatee, demonstrating that the estate meets the requirements of Probate Code section 2628.
CRITICAL
- Applies to
- Order after hearing
Unless the Court orders otherwise, parties must comply with CRC 5.125 for orders after hearing, including filing counsel’s or the self-represented party’s declaration containing the items required by the rule.
Unless otherwise ordered by the Court, the parties shall comply with CRC 5.125 concerning preparation of an order after hearing. Parties comply with the cover letter requirement of Rule 5.125(e)(3)(C) by filing a declaration of counsel or the self-represented party setting forth the items required by that rule.
CRITICAL
- Applies to
- Statement of economic interests
Designated employees, contractors, and consultants must complete and file their own required forms.
the designated employees, contractors and consultants are responsible for completing and filing their own forms
CRITICAL
- Applies to
- Voir dire questions
Counsel must submit requested voir dire questions for the court to consider at the pretrial conference.
Any voir dire questions that counsel request be considered by the court to be included in the court’s voir dire shall be submitted at the pre-trial conference.
CRITICAL
- Applies to
- Deposition transcript
A condensed or other copy of a deposition transcript must be furnished to the court before the transcript is read in court.
No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court.
CRITICAL
- Applies to
- Trial preparation submission
The required pretrial submission must include the evidence-binder table of contents, a complete witness list, and a Trial Brief.
Five court days prior to Trial Confirmation Conference date, each party shall file, serve, and email to all counsel of record and to the court, at csterne@sbcourts.org, as an email attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder. 2. A complete witness list 3. A Trial Brief
CRITICAL
- Applies to
- Transcript
A transcript of an audio or video tape's audio must be submitted to the court and counsel 24 hours before playback, unless good cause is shown.
No audio or video tape shall be played unless a transcript of the audio has been submitted to the court and counsel 24 hours prior to playing the tape, absent a showing of good cause.
CRITICAL
- Applies to
- Evidence binder
The parties must meet and confer and prepare a joint evidence binder with sufficient copies at least three court days before the Trial Confirmation Conference.
At least three court days prior to the Trial Confirmation Conference date, all parties shall meet and confer and prepare a joint evidence binder with sufficient copies for the witness stand, the bench, and each side in the case.
CRITICAL
- Applies to
- Jury trial submissions
Each party must submit numbered requested CACI instructions, their proposed text, any requested special instructions with authorities, a proposed verdict form, and a joint Statement of the Case or separate statements if the parties disagree.
Five court days prior to the Trial Confirmation Conference, each party shall file, serve and email to all counsel of Record, to the Judge at csterne@sbcourts.org, and to the Judge's clerk at nreigelman@sbcourts.org as an email attachment in Microsoft Word format the following: 1. A list of the parties’ requested CACI instructions, by number. 2. A document containing the text of each CACI instruction as the party wants it given; and 3. The text of any requested special jury instruction, with supporting authorities. 4. A proposed jury verdict form. 5. A joint Statement of the Case, or one may be submitted by each side if there is disagreement as to the content.
CRITICAL
- Applies to
- Trial time estimate
The parties must provide the court with a final trial time estimate at the commencement of a court trial or at the jury-trial Pretrial Conference, covering the listed trial components.
Time estimates and Examination of Witnesses. At the commencement of Court trials, or at the jury trial Pretrial Conference, the parties will provide to the Court the final time estimate for trial, including jury selection, jury instruction, opening statements, closing arguments and all examination of witnesses including direct examination, cross-examination, redirect, re-cross, rebuttal examination and so forth.
CRITICALCivil cases
- Applies to
- Trial exhibit index
An exhibit generally must be identified and described on the trial exhibit index to be marked or admitted, except for impeachment exhibits or good cause.
No exhibit, except an impeachment exhibit, shall be marked for identification or received in evidence if it is not identified and described on the trial exhibit index, except for good cause shown.
CRITICALCivil cases
- Applies to
- Evidence binder
Each side must bring its evidence binder, with a table of contents and a numbered tab for every exhibit, to court on the first morning of trial.
Trial counsel for all sides shall confer about their intended numbering of exhibits/numbers to be used. For example, Plaintiff/Petitioner shall use numbers 1 – 200 and Defendant/Respondent shall use numbers 201 – 400 adjusting the numbers as necessary to accommodate both parties number of exhibits and shall bring their evidence binder (binders shall be between 2 ½ and 3 inches in size) with a table of contents and numbered tab for each exhibit as ordered in the TRIAL CALL ORDER to the Court the first morning start of trial.
CRITICALCivil cases
- Applies to
- Voir dire questions
Counsel must submit requested voir dire questions for the court’s consideration at the pre-trial conference.
Any voir dire questions that counsel request be considered by the court to be included in the court’s voir dire shall be submitted at the pre-trial conference.
CRITICALCivil cases
- Applies to
- Witness list
Each lead trial counsel must file, serve, and email the party’s complete proposed-witness list to the court.
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
CRITICALCivil cases
- Applies to
- Jury trial submissions
Each party must file, serve, and email the listed jury-instruction materials if they have not already done so.
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
CRITICALCivil cases
- Applies to
- Evidence binder
Each party must bring its evidence binder to the Department 4 clerk on the first morning of trial with copies for the judge, witness stand, and each side.
Each party, if they have not already done so, shall meet and confer and bring to the clerk of Dept 4 on the first morning of trial their evidence binder, with sufficient copies for the Judge, witness stand and a copy for each side in the case.
CRITICALCivil cases
- Applies to
- Exhibit list
Each lead trial counsel must provide a table of contents of the party’s evidence-binder exhibits, unless already done.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
CRITICALCivil cases
- Applies to
- Deposition transcript
A condensed or other copy of a deposition transcript must be furnished to the court before the transcript is read in court.
No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court.
CRITICALCivil cases
- Applies to
- Deposition transcript
A condensed or other copy of a deposition transcript must be furnished to the court before the transcript is read in court.
No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court.
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.