Santa Barbara Superior Court Filing Timing and Cure Windows

CRITICAL

Required ex parte moving papers must be filed with the court by 1:00 p.m. on the court day before the scheduled hearing unless the court waives filing.

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. Absent a waiver by the court, all such papers shall also be filed with the court no later than 1:00 p.m. on the court day preceding the scheduled hearing.

CRITICAL

The completed Family Law Information Statement must be filed 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

The Mental Health Department must file capacity-hearing petitions with the Clerk or PHF Deputy Clerk by 4:45 p.m. each court day.

Santa Barbara County Mental Health Department petitions for capacity hearings pursuant to Welfare & Institutions Code (“W&I”) section 5333 shall be filed with the Clerk or with the Deputy Clerk at the Psychiatric Health Facility (“PHF”), located at 315 Camino Del Remedio, Santa Barbara by 4:45 p.m. of each court day.

CRITICAL

Appeals of certification review hearing determinations must be filed with the Clerk or the assigned facility Deputy Clerk by 4:45 p.m. each Court business day.

(a)(1) [Appeal of Certification Review Hearing Determination] Appeals of certification review hearings shall be filed with the Clerk or with the Deputy Clerk assigned at each facility designated by Santa Barbara County and approved by the State Department of Mental health as a facility for seventy-two (72) hour treatment and evaluation by 4:45 p.m. of each Court business day.

CRITICAL

The capacity hearing shall be held before a hearing officer at the PHF in accordance with the following local policy schedule developed by the Presiding Judge and the County Director of Alcohol, Drugs and Mental Health Services (“ADMHS”) to insure that all parties can appropriately respond to the petition: • Petitions filed on Mondays and Tuesdays shall be heard on Wednesdays. • Petitions filed on Wednesdays and Thursdays shall be heard on Fridays. • Petitions filed on Fridays shall be heard on Mondays.

The capacity hearing shall be held before a hearing officer at the PHF in accordance with the following local policy schedule developed by the Presiding Judge and the County Director of Alcohol, Drugs and Mental Health Services (“ADMHS”) to insure that all parties can appropriately respond to the petition: • Petitions filed on Mondays and Tuesdays shall be heard on Wednesdays. • Petitions filed on Wednesdays and Thursdays shall be heard on Fridays. • Petitions filed on Fridays shall be heard on Mondays.

CRITICAL

Appeals of capacity-hearing determinations must be filed with the Clerk or Deputy Clerk by 4:45 p.m. each court day.

Appeals of capacity hearing determinations shall be filed with the Clerk or with the Deputy Clerk by 4:45 p.m. of each court day.

CRITICAL

Complaints for in-custody arraignments must be filed by 12:00 p.m. on the last day the arraignment must be heard.

New misdemeanor and felony complaints received for in-custody arraignment shall be filed no later than 12:00 p.m. on the last day that the arraignment must be heard.

CRITICAL

Deadline

5 court days

Proposed probate orders or judgments must be submitted by noon at least five court days before the hearing; late submission may delay the hearing or entry of the order.

(b) [Proposed Probate Orders] Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order.

CRITICAL

Deadline

2 business days

Complaints for out-of-custody arraignments must be filed by 4:00 p.m. two business days before the arraignment.

New misdemeanor and felony complaints received for out-of-custody arraignment shall be filed no later than 4:00 p.m. two business days before the date of the arraignment.

CRITICALCivil cases

Select a carrier that can deliver the exhibit package between 8:00 a.m. and 3:00 p.m.

You must ensure your selected carrier can deliver the package between 8:00 a.m. and 3:00 p.m.

WARNINGCivil cases

For the specified Santa Maria cases, organized exhibits may be delivered to the Santa Maria Civil Clerk’s Office on weekdays excluding court holidays, between 9:00 a.m. and 1:30 p.m.

For Santa Maria cases scheduled before Comm. Diaz in Lompoc Dept. 2: Monday through Friday, excluding Court holidays: Exhibits organized as stated in #2 of the instructions for preparing the exhibit packet section, may be brought to the Santa Maria Civil Clerk’s Office at 312 E. Cook Street in Santa Maria between 9:00 a.m. and 1:30 p.m.

WARNINGCivil cases

For mailed exhibit packets, ensure the carrier can deliver between 9:00 a.m. and 1:30 p.m. on regular court business days; using a carrier with tracking is recommended.

The Court is open on regular court business days for acceptance of delivered mail. You must ensure your selected carrier can deliver the package between 9:00 a.m. and 1:30 p.m. It is recommended you use a carrier that provides tracking service.

WARNINGCivil cases

For the specified Lompoc cases, exhibits may be delivered to the Clerk’s Office on weekdays excluding court holidays, between 9:00 a.m. and 1:30 p.m.; the submitter must pass screening, notify the guard, and deliver the exhibits to the Civil Clerk’s Counter.

For Lompoc cases scheduled before Comm. Diaz in Lompoc Dept. 2: Monday through Friday, excluding Court holidays: Exhibits organized as stated in #2 of the instructions for preparing the exhibit packet section, may be brought to the Lompoc courthouse, and delivered to the Clerk’s Office between 9:00 a.m. and 1:30 p.m. The submitting party or their designee must go through weapons screening. Please inform the security guard that you are delivering exhibits. Once admitted into the building, proceed to the Civil Clerk’s Counter to deliver the exhibits to the clerk.

WARNINGCivil cases

For hearings before Commissioner Diaz in Santa Barbara Department 1, organized exhibits may be delivered in person to the department secretary Monday through Friday, excluding court holidays.

Monday through Friday, excluding Court holidays Exhibits organized as stated in #2 of the instructions for preparing the exhibit packet section, may be brought to the courthouse, and delivered to the department secretary.

INFO

An earlier capacity hearing may be calendared if all involved parties consent.

Earlier hearings can be calendared with the consent of all involved parties.

INFOCivil cases

The court accepts delivered mail on regular court business days.

The Court is open on regular court business days for acceptance of delivered mail.

INFO

A petition to dispense with an accounting may be brought any time after the inventory and appraisal is filed.

(2) The petition may be brought at any time after the inventory and appraisal has been filed.

CRITICAL

Deadline

72 hours

A capacity hearing must be held no later than 72 hours after the initial petition is filed.

In no event shall capacity hearings be held beyond seventy-two (72) hours of filing of the initial petition.

CRITICAL

Deadline

15 calendar days

Unless exempted by the court or under subdivision (c), the statement must be filed no later than 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

A challenge must be made as promptly as feasible and no later than 10 days after service of written notice of reassignment.

A challenge to a Section 170.6 Motion shall be made as promptly as feasible after notice of the Section 170.6 Motion, but in no event shall such challenge be made later than 10 days after service upon the party of written notice of case reassignment pursuant to the Section 170.6 Motion.

CRITICAL

Deadline

5 court days

Exhibit lists must be e-filed at least five court days before trial.

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

Deadline

10 court days

The neutral must file an ADR-100 Statement of Agreement or Non-Agreement within 10 court days 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

Deadline

10 court days

When the parties stipulate to an ADR process, counsel must file the fully executed ADR Stipulation within 10 court days after the later of the 120-day CMC or the CADRe consultation.

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

If the warrant papers and fees are not timely completed, the judgment creditor must obtain and serve a new examination order, with the examination scheduled no earlier than 120 days after the last scheduled hearing unless the court orders otherwise.

Otherwise, the judgment creditor must obtain and serve a new order to appear for examination to be scheduled no earlier than 120 days from the date of the last scheduled examination hearing except as otherwise ordered by the court.

CRITICAL

The final report and/or accounting must be filed within 90 days after termination of the estate conservatorship.

The final report and/or accounting must be filed within 90 days of termination of the conservatorship of the estate.

CRITICAL

Each party must file the completed Financial Document Exchange Compliance Declaration on or before the applicable Exchange Date.

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

To obtain a warrant under this provision, the judgment creditor must complete and file the necessary papers and pay the required fees within 30 days of the missed examination hearing.

A warrant shall issue if a judgment creditor has completed and filed all necessary papers for the issuance of a warrant and paid all required fees within 30 days of the last scheduled examination hearing at which the person subject to the warrant was ordered to appear but failed to do so.

CRITICALCivil cases

If an exhibit of five pages or fewer needs a hard-copy supplement, the attorney or proffering party must deliver the original to the Court immediately after the hearing.

If this black and white copy needs to be supplemented with a hard copy of the actual exhibit, the attorney or proffering party shall deliver the original hard copy exhibit to the Court immediately upon conclusion of the hearing. The clerk will attach the original to the black and white copy used during the hearing.

CRITICALCivil cases

Deadline

5 court days

The parties' declarations must be submitted five court days before the review date.

with declarations of the parties to be submitted five (5) court days prior.

CRITICAL

Deadline

60 calendar days

The parties must conduct the ADR process within 60 calendar days after filing the ADR Stipulation, unless the court approves otherwise.

The parties shall conduct the ADR process within sixty (60) calendar days of filing the ADR Stipulation unless otherwise approved by the court.

CRITICAL

The electronically participating party must file the Certificate of Completion within the time allowed for completing 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

The MC-356 receipt and acknowledgment must be filed within 15 court days following 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

The MSC/Mediation Requirements must be filed with the court one week before the scheduled MSC.

The requirements are to be filed with the court one (1) week prior to the scheduled MSC.

CRITICAL

Deadline

5 court days

The settlement conference statement must be lodged with the Court no later than five court days before the initial settlement conference date.

(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:

CRITICAL

Deadline

5 court days

Witness lists and their courtesy copies must be submitted at least five court days before trial.

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

Each party is under a continuing obligation pursuant to CRC 3.300 to serve and file a Notice of Related Case whenever it appears that two or more petitions with different case numbers have been filed with reference to the same decedent, conservatee, minor, or trust.

Each party is under a continuing obligation pursuant to CRC 3.300 to serve and file a Notice of Related Case whenever it appears that two or more petitions with different case numbers have been filed with reference to the same decedent, conservatee, minor, or trust.

CRITICAL

Deadline

3 court days

The parent who sets a mediation appointment must file the Notice of Mediation within three court days after getting the appointment.

Within three (3) court days after getting a mediation appointment, the parent who set the appointment shall file and serve on the other parent a Notice of Mediation (see Local Form # SC-4042).

CRITICAL

Non-jury trial briefs must be submitted to the court no later than three days before trial.

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

Deadline

5 court days

Jury-trial briefs must be e-filed at least five court days before trial.

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

Deadline

10 calendar days

The remote-appearance request form must be filed at least 10 calendar days before the hearing.

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

Deadline

5 court days

Proposed jury instructions and related materials must be e-filed five court days before trial.

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.

CRITICAL

Deadline

72 hours

Appeals receive de novo review and must be heard within the stated 72-hour period, excluding weekends and holidays.

All appeals to the Court shall be subject to de novo review and shall be heard within seventy (72) hours not including weekends and holidays.

CRITICAL

A professional supervised-visitation provider must file the completed and signed FL-324(P) before beginning 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).

CRITICALCivil cases

Deadline

3 business days

Hard-copy exhibits must be delivered to the Court at least three business days before the hearing or trial.

Hard copies of all exhibits must be delivered to the Court at least three business days prior to the scheduled hearing or trial.

CRITICAL

Deadline

5 court days

Motions in limine must be e-filed at least five court days before trial.

Motions in limine are to be e-filed at least five (5) court days before the trial; Opposition papers shall be e-filed at least one (1) court day before the trial date.

CRITICAL

Designated employees, contractors, and consultants must file their forms when they assume or terminate employment in a designated classification and annually while classified.

the designated employees, contractors and consultants are responsible for completing and filing their own forms (1) on assuming employment in a designated classification (2) on terminating employment in a designated classification, and (3) annually, while so classified.

CRITICALCivil cases

The Department must receive hard-copy exhibits at least three court days before the hearing or trial.

Hard copy exhibits must be received by the Department at least 3 business (court) days prior to the hearing or trial date.

CRITICAL

Deadline

2 court days

For an order closing a proceeding or opening a closed proceeding, written notice of motion must be filed at least two court days before the hearing, although the court may allow shorter notice for closure motions.

When a court order is sought for closure of any proceeding or for opening any closed proceeding, the party seeking such order shall file written notice of motion at least two (2) court days prior to the hearing. The motion shall be scheduled to be heard at least one day prior to the hearing. Motions for closure of hearings may be heard on shorter notice at the discretion of the court.

CRITICAL

Exceptions and late-filing requests require review by the Judicial Officer where arraignment will be held, who may approve or deny them.

Any exception to these rules must be approved by the Judicial Officer where the arraignment will be held. Any requests for late filings will be reviewed on a case-by- case basis. The Judicial Officer will have the discretion to approve or deny the request.

CRITICAL

Deadline

15 calendar days

A notice of non-appearance must be filed as soon as possible and at least 15 calendar days before the conference if good cause prevents the party from appearing.

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.