Santa Barbara Superior Court Service and Proof of Service Rules

CRITICAL

Service

Mail

When notice by mail is required, the petitioner or the petitioner’s attorney must give notice and file proper proof of service.

where notice by mail is required to be given, petitioner or petitioner's attorney shall give the notice and file a proper proof of service.

CRITICAL

For all parties in Applicable Cases, the Exchange Date is 15 calendar days before a Court Conference.

(1) For all parties in Applicable Cases, an Exchange Date is 15 calendar days before a Court Conference;

CRITICAL

Applies to

Notice of related case

Each party must serve and file a Notice of Related Case when it appears that petitions with different case numbers concern 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

Upon filing an appeal, the Clerk or facility Deputy Clerk must promptly provide a copy personally or by fax to the listed facility officials, advocates, counsel, Public Defender, and County Counsel.

(a)(3) Upon the filing of an Appeal, the Clerk or the Deputy Clerk at an approved treatment facility shall promptly provide a copy of the Appeal, either personally or by fax to the Director of the treatment facility or his or her designee, the patient’s rights advocate, the patient’s counsel, if any, the Public Defender and the County Counsel.

CRITICAL

When a relevant witness is discovered after the pretrial conference, the party seeking to present the witness must serve appropriate discovery information on all parties who have appeared by the next court day.

When a witness with relevant evidence is discovered after the pretrial conference, the party who seeks to present the testimony shall serve all parties who have appeared in the action with appropriate discovery information on the next court day.

CRITICAL

Applies to

Capacity hearing notice

Once a case number is issued, the Clerk or PHF Deputy Clerk must notify the subject and their advocate or counsel of the capacity hearing.

Upon the issuance of a case number, the Clerk or, if filed at the PHF, the Deputy Clerk shall give notice of the capacity hearing to the person who is the subject of the petition, and his or her advocate or counsel.

CRITICAL

Applies to

Individual financial documents

Unless an exception in subdivision (f) applies, each party must serve the other party copies of the Individual Financial Documents on that party’s Exchange Date.

Unless subject to an exception set forth in subdivision (f), on his or her respective Exchange Date: (i) Each party shall serve on the other party copies of the Individual Financial Documents.

CRITICAL

Applies to

Civil case cover sheet addendum

A copy of the completed Civil Case Cover Sheet Addendum must be served with the summons and complaint or petition.

A copy of the completed form must be served with the summons and complaint or petition.

CRITICAL

Service

Personal service

Ex parte moving papers generally must be personally served by 1:00 p.m. on the court day before the hearing, while responding papers must be served by the hearing; the parties may expressly agree to another service method, and stated exceptions apply.

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. Responding papers shall be served as provided in CRC 5.167(a) at or before the time of the hearing. Service shall be by personal service unless the parties have expressly agreed to service by different means, including electronic or fax service. Responding papers, if not filed by 1:00 p.m. on the court day preceding the scheduled hearing, shall be filed by presenting the original documents for filing to the clerk of the department in which the hearing is scheduled.

CRITICAL

A hearing notice is required for a final accounting or report under Probate Code section 2621, with notice to specified representatives, trustees, heirs, or devisees when the conservatee is deceased.

(1) When a final accounting or report is filed, notice of hearing must be given pursuant to Probate Code section 2621. If the conservatee is deceased, notice of hearing must be given to the personal representative or trustee of any trust of which the conservatee was settlor and beneficiary. If the conservator is also the personal representative of the deceased conservatee’s estate or there is no personal representative, notice must be given to the deceased conservatee’s heirs and devisees.

CRITICAL

Copies of CASA reports must be served on the parties’ attorneys and, as appropriate, the child welfare case worker or probation officer.

Copies shall be served on attorneys for the parties and the child welfare case worker or probation officer, as appropriate.

CRITICAL

The completed Family Law Information Statement must be served 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

For a party responding to a Motion, the Exchange Date is the earlier of service of the Opposition or the date the Opposition is due under applicable law or court rule.

(3) For a party responding to a Motion, an Exchange Date is the earlier of (A) the date of service of an Opposition, or (B) the date when an Opposition is due pursuant to applicable statute or rule of court.

CRITICAL

Unless exempted by the court or under subdivision (c), the statement must be served on the other party 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

When a case involving a completed or pending ADR process settles or is otherwise disposed of without trial, notice must be given to all parties, the court, the involved ADR neutral, and CADRe staff.

Upon any settlement or other disposition of a case other than by trial, where an ADR process has occurred or is pending, notice of such disposition shall be given to all parties, the court, the arbitrator or other ADR neutral involved in the case, and to the CADRe staff as required by CRC 3.1385.

CRITICAL

Deadline

7 calendar days

Unless there is an emergency, the Notice of Cancellation must be served on the other parent within seven calendar days after receipt of the Notice of Mediation.

(1) File and serve a Notice of Cancellation (see Local Form # SC-4017). The use of the Notice of Cancellation of Mediation form is mandatory and must be filed and served on the other parent, unless there is an emergency, within seven (7) calendar days of the receipt of the Notice of Mediation; and

CRITICAL

Deadline

3 court days

Proof of service of an examination order must be filed with the court at least three court days before the examination.

Proof of service of 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 must be filed with the court at least three (3) court days prior to the examination.

CRITICAL

After moving papers have been served, a case may not be taken off calendar without immediate telephonic or electronic notice to the responding party and the Court.

After service of the moving papers, no case shall be taken off-calendar without immediate telephonic or electronic notice to the responding party and to the Court.

CRITICALCivil cases

Deadline

5 business days

Parties must exchange the Exhibit List and proposed exhibits at least five business days before the hearing or trial, unless the court sets another date; copies may be physical or electronic subject to the stated conditions.

Parties shall exchange their Exhibit List and their proposed exhibits, organized as in # 2 above, by providing to the other party, copies of the exhibits submitted to the court, at least five business days prior to the scheduled hearing or trial, unless a different date is set by the court. Copies may be provided in their physical form, or may be sent electronically to opposing counsel. Copies may be provided in their physical form, or may be sent electronically to a self-represented party who consents to electronic delivery of the exhibits, at their verified e-mail address.

CRITICAL

After the hearing, the Deputy Clerk at the treatment facility must deliver the original certification notice, hearing writings and documents, and original written determination to the Clerk.

Upon completion of the certification review hearing, the Deputy Clerk at the treatment facility shall deliver the original of the notice of certification, and all other writings and documents of the certification review hearing together with the original of the hearing officer’s written determination to the Clerk.

CRITICAL

Deadline

3 court days

The parent who sets a mediation appointment must serve the Notice of Mediation on the other parent 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

Applies to

Petition for capacity hearing

A copy of the petition must be provided to the subject and their advocate or counsel when the petition is filed.

A copy of the Petition shall be provided to the person who is the subject of the Petition and his or her advocate or counsel at the time it is filed.

CRITICAL

Deadline

1 court days

As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear.

As set forth in CRC 3.1308, if the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear.

CRITICAL

Each party must serve the supporting declaration required when child support or temporary spousal support is at issue.

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

The court may not award affirmative relief against an absent party without valid proof that the party was timely served.

A court may not award affirmative relief adverse to an absent party without valid proof of timely service on the absent party.

CRITICAL

Applies to

Complaint

Plaintiffs must include the CADRe Program Information and an ADR Stipulation and Order form when serving the complaint.

Plaintiff(s) shall include with service of complaints a copy of the Court Administered Dispute Resolution (CADRe) Program Information and a Stipulation and Order to Alternative Dispute Resolution (ADR) Process form pursuant to CRC 3.221(c).

CRITICAL

A new examination order must be served as required by applicable law.

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

Service

Email to opposing party

Any communication approved in advance for service by email must also be served on opposing counsel or an unrepresented party at the same time.

Any communication authorized in advance for service by electronic mail must be simultaneously served on opposing counsel or unrepresented party.

CRITICAL

Deadline

3 court days

Continuance requests or stipulations must be served on everyone entitled to notice of the hearing.

Such requests or stipulations must be filed at least three (3) court days before the hearing date and served on all persons entitled to notice of the hearing.

CRITICAL

If good cause prevents a party from appearing, the party must serve the notice of non-appearance as soon as possible and at least 15 calendar days before the conference.

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.

CRITICAL

Applies to

Filing documents described in rule 1507(a)

The filing party must serve the opposing party with a copy of the written program instructions when serving the documents described in rule 1507(a).

A copy of these written instructions shall be served on the opposing party by the filing party at the time of service of the documents described above.

CRITICAL

Applies to

Order to appear for examination

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.

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

Applies to

Ex parte hearing notice

Notice of an ex parte hearing must be given as required by CRC 5.151 and 5.165.

Notice of an ex parte hearing shall be given as required by CRC 5.151 and 5.165.

CRITICAL

For a party filing a Motion in an Applicable Case or filing an Applicable Motion, the Exchange Date is the date the Motion is served.

(2) For a party filing a Motion in Applicable Cases or filing an Applicable Motion, an Exchange Date is the date of service of Motion; and,

CRITICAL

Applies to

Business financial documents

A party who meets the stated self-employment or business-ownership criteria must serve the other party the Business Financial Documents for each qualifying business.

In addition to the Individual Financial Documents required to be served, each party who is self-employed or who is the beneficial owner of an interest of thirty percent (30%) or more of any business entity, or was either at any time during the previous two years, shall serve on the other party copies of the Business Financial Documents for each such business in which the party is self-employed or a thirty percent or greater owner.

CRITICAL

Applies to

Financial documents

For each Exchange Date, a party must exchange documents current as of that date.

A party must comply with the document exchange required by this rule for each Exchange Date with documents current as of that Exchange Date.

CRITICAL

Applies to

Financial document exchange compliance declaration

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.

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

E filed document

Service

Electronic service

E-filed documents must be served electronically on and by appearing parties represented by counsel and other persons entitled to service who expressly consent, except when law requires personal service or the court orders otherwise.

E-filed Documents shall be served electronically by and on (i) each party who has appeared and is represented by counsel and (ii) all other persons entitled to service and expressly consenting to electronic service, unless personal service is required by statute or other law or unless the court orders otherwise. Electronic service (e-service) shall be made in the manner, and subject to the requirements of, Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.251. “E-filed Documents” include all documents that have been, or subsequent to service will be, e-filed or presented for e-filing with the court pursuant to this rule.

CRITICALCivil cases

Deadline

3 business days

Parties must exchange the Exhibit List and proposed exhibits at least three business days before the hearing or trial, unless the court sets another date; copies may be physical or electronic, with electronic delivery to a self-represented party requiring consent and use of that party's verified email address.

Parties shall exchange their Exhibit List and their proposed exhibits, organized as in # 2 above, by providing to the other party, copies of the exhibits submitted to the court, at least three business days prior to the scheduled hearing or trial, unless a different date is set by the court. Copies may be provided in their physical form or may be sent electronically to opposing counsel. Copies may be provided in their physical form or may be sent electronically to a self-represented party who consents to electronic delivery of the exhibits, at their verified e-mail address.

CRITICAL

Service

Publication

The petitioner or the petitioner’s attorney must arrange publication of notice when publication is required.

The petitioner or petitioner’s attorney shall be responsible for publication of notice where required

CRITICAL

Moving and response documents for requests for orders, motions, and orders to show cause must be filed and served in accordance with CRC 5.92 and 5.94.

All moving and response documents for requests for orders, motions, and orders to show cause shall be filed and served as required by CRC 5.92 and 5.94.

CRITICAL

Service

Personal service to clerk

The original Notice of Certification must be personally delivered to the Deputy Clerk assigned to the patient’s treatment facility.

The original form shall be personally delivered to the Deputy Clerk assigned to the treatment facility in which the patient is detained.

CRITICAL

The filing party must ensure the court is available and timely file and serve the matter with notice of the hearing date and time.

It is the responsibility of the filing party to ensure that the Court is available to hear the matter on the applicable civil law and motion calendar and that the matter is timely filed and served with notice of the hearing date and time.

CRITICAL

Copies of the Notice of Certification must be delivered to the specified facility and patient recipients, promptly provided to counsel, the patient rights advocate, and designated others, and also provided to County Counsel for additional certifications.

(d) [Notice to Patient and Others] A copy of the Notice of Certification for a hearing under W&I Code section 5250 shall be personally delivered to the Director of the approved treatment facility or his or her designee and to the patient certified. A copy shall be promptly provided either personally or by fax to the patient’s counsel, if any, the patient rights advocate and such other person(s) as the patient designates. (W&I Code section 5253). For the additional certifications under Welfare & Institutions code sections 5260 and 5270.15, the copy distribution above shall apply plus a copy to the County Counsel.

CRITICAL

Deadline

5 business days

At least five business days before the hearing or trial, parties must exchange their Exhibit List and proposed exhibits, physically or electronically, subject to the stated consent and verified-email requirements for electronic delivery to a self-represented party; the court may set a different date.

Parties shall exchange their Exhibit List and their proposed exhibits, organized as above, by providing to the other party, copies of the exhibits submitted to the court, at least five (5) business days prior to the scheduled hearing or trial, unless a different date is set by the court. Copies may be provided in their physical form or may be sent electronically to opposing counsel. Copies may be provided in their physical form or may be sent electronically to a self-represented party who consents to electronic delivery of the exhibits, at their verified e-mail address.

CRITICAL

Deadline

5 court days

Each party must serve the settlement conference statement on the other party 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: