Santa Barbara Superior Court Document Filing Requirements

WARNING

Applies to

Brief

Briefs generally should not include attachments and may not include evidence not presented to the trial court, but specified record materials and inaccessible citable materials may be attached.

Briefs generally should not include attachments and may not include evidence not presented to the trial court. However, a party filing a brief may attach copies of trial court exhibits or other materials in the appellate record or copies of relevant local, state, or federal regulations or rules, out-of-state statutes, or other similar citable materials that are not readily accessible.

WARNING

Applies to

Supporting documents

The court may require the fiduciary to provide additional original documents supporting the matter under consideration.

The Court in its discretion may at any time additionally require: (2) that the fiduciary provide additional original documents supporting the matter under consideration by the Court; or,

WARNING

Applies to

Authentication

The court may require additional authentication that documents accurately reflect their source data, including a custodian declaration or direct production to the court.

The Court in its discretion may at any time additionally require: (3) that the fiduciary provide additional authentication that the documents accurately reflect the data of their source, including without limitation, a declaration from an appropriate custodian of the source information or production of those documents directly to the court.

WARNING

Applies to

Conservator fee request

The Court may require additional justification for any requested conservator fees.

The court has the discretion to require additional justification for all conservator fees requested.

WARNING

Applies to

Computerized support calculation

Computerized support calculations may be attached to the required declaration, but must use a currently effective program with its latest released amendments.

Computerized calculations of support may be attached to the Declaration required under local rule 1418(a) as follows: (1) The calculations must be based on a computer program currently in effect, including the latest released amendments to that program.

WARNING

Applies to

Guardian report

A guardian’s report accompanied by a Waiver of Accounting will normally not be approved unless the minor is present in court and available to testify.

A guardian's report will normally not be approved if accompanied by a Waiver of Accounting unless the minor is present in court and available to testify.

WARNING

Applies to

Guardianship accounting report

The report accompanying a guardian’s accounting should state the minor’s age, health, activity, and whereabouts, or the guardian may submit form GC-251 instead.

The report accompanying the guardian’s accountings should contain a statement of the age, health, activity and whereabouts of the minor. Alternatively, the guardian may submit the Confidential Guardianship Status Report (Judicial Council form GC-251).

WARNING

Applies to

Distribution order

Distribution orders should set out the full distribution plan.

Orders should be drawn so as to set forth the full plan of distribution.

WARNING

Applies to

Complaint

A person seeking a court investigation or action should submit a written complaint; the complaint coordinator must explain that only written complaints are investigated.

If the complaint coordinator receives an inquiry, the coordinator must inform the person making the inquiry that the complaint procedure provides for investigation of written complaints only and that the person should submit a written complaint if he or she wants the court to conduct an investigation or take action.

WARNING

Applies to

Court filed document

Court users are responsible for the accuracy of factual statements, validity and citation of legal authorities, appropriateness of legal arguments, and completeness and truthfulness of information in court-filed documents, including documents prepared with AI or other assistance.

The purpose of this rule is to clarify that all court users are responsible for ensuring the accuracy of factual statements, the validity and citation of legal authorities, the appropriateness of legal arguments, and the completeness and truthfulness of all information provided in court-filed documents, especially where court-filed documents are prepared using artificial intelligence tools, other technology, or human assistants.

WARNING

Applies to

Attorney fee request

The Court may require additional justification for any requested attorney fees.

The court has the discretion to require additional justification for all attorney fees requested.

WARNING

Applies to

Petition for instructions

A Petition for Instructions is limited to matters for which no other procedure is provided.

A Petition for Instructions is limited to those matters for which no other procedure is provided.

WARNING

Applies to

Local form sc 4014

A counter-request must use local court Form SC-4014.

The other party may file and serve a counter-request using local court form SC-4014 no later than two (2) court days of the case management conference set by the court pursuant to the request.

WARNING

Applies to

Petition

If a guardian wishes to invest or expend funds belonging to the minor, the guardian should petition the Court for authorization.

If a guardian wishes to invest or expend funds belonging to the minor, the guardian should petition the Court for authorization.

WARNING

Applies to

Voir dire request

Counsel may object to the court’s proposed voir dire inquiries and request in writing that additional areas be added.

Counsel will be given an opportunity to object to areas of inquiry proposed by the court and to request in writing that the court add additional areas of inquiry.

WARNING

Applies to

Original documents

The court may require the fiduciary to produce original documents for inspection, even if they were previously filed, lodged, or returned.

The Court in its discretion may at any time additionally require: (1) that the fiduciary produce original documents for inspection by the court, whether or not such original documents have previously been filed, lodged, or returned;

INFO

Applies to

Petition for instructions

The Petition for Instructions should set forth the matter on which the petitioner desires instructions in precise detail.

The Petition for Instructions should set forth the matter on which the petitioner desires instructions in precise detail.

INFO

Applies to

Application to appoint probate referee

If the referee’s name is not on the order, the appointment of a probate referee may be accomplished by ex-parte application. (See Local Court form SC-6000 Application and Order Appointing Probate Referee.)

If the referee’s name is not on the order, the appointment of a probate referee may be accomplished by ex-parte application. (See Local Court form SC-6000 Application and Order Appointing Probate Referee.)

INFO

Applies to

Appendix

When multiple volumes are filed or lodged, parties are strongly encouraged to e-file an appendix containing the cited pages and limited additional pages needed for context.

In all cases where multiple volumes are e-filed or e-lodged (or otherwise filed or lodged), the parties are strongly encouraged to e-file an appendix to their papers containing excerpts from the lodged volumes of those specific pages cited in their papers (and limited other pages necessary for context) to facilitate review of the cited materials.

INFO

Applies to

Default judgment application

When live testimony is not required by law or court order, the preferred procedure for a default-judgment application is to proceed by declarations under Code of Civil Procedure section 585(d).

Where live testimony is not required by law or by court order, the preferred procedure for applications for court judgment on default is by declarations pursuant to Code of Civil Procedure section 585, subdivision (d).

INFO

Applies to

Attorney fee request

A verified copy of the attorney’s billing invoice is accepted as complying with CRC 7.751.

The Court deems submission of a verified copy of the attorney’s billing invoice to comply with rule 7.751.

INFO

Applies to

Request for case management conference trial setting

Either parent may file a Request for Case Management Conference/Trial Setting using Local Form SC-4014 if a dispute arises about mediation attendance, cancellation, scheduling, or rescheduling.

In addition to the procedure outlined above, if a dispute regarding the attendance at, cancellation of, scheduling of or re-scheduling of a mediation appointment arises, either parent may file a “Request for Case Management Conference/Trial Setting” (see Local Form SC-4014).

INFO

Applies to

Accounting

The Court may accept proof of continued deposits, such as all original account statements for the accounting period, instead of statutory accounting schedules.

However, the Court may accept proof of continued deposits, such as submission of all original account statements during the period of accounting, instead of the statutory accounting schedules.

INFO

Applies to

Petition for withdrawal of funds from blocked account

When funds are maintained in a blocked account, a Petition for Withdrawal of Funds from Blocked Account may be submitted.

If the funds are maintained in a blocked account, a Petition for Withdrawal of Funds from Blocked Account (Judicial Council MC-357) may be submitted.

INFO

Applies to

Petition for authority to expend funds for support

If the minor’s funds are not in a blocked account and the disbursement order does not authorize the expenditure, a Petition for Authority to Expend Funds for Support may be submitted.

If the minor’s funds are not maintained in a blocked account and the order disbursing the funds does not otherwise authorize an expenditure, a Petition for Authority to Expend Funds for Support may be submitted.

INFO

Applies to

Notice of intent to appear remotely

People planning regular remote appearances are encouraged to provide notice of their intent to appear remotely for the duration of the case, as provided by the cited rule.

(3) Persons intending to make regular remote appearances are encouraged to provide notice of intent to appear remotely for the duration of the case as provided in California Rules of Court, rule 3.672.

INFO

Applies to

Conservator fee request

A verified copy of the fiduciary’s billing invoice is accepted as complying with CRC 7.751.

The Court deems submission of a verified copy of the fiduciary’s billing invoice to comply with CRC 7.751.