Court Rules

Santa Barbara Superior Court Service and Proof of Service Rules

79 rules from official source documents

Rules 51 to 79, page 2 of 2

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICALCivil cases

Each lead trial counsel must serve the table of contents of the party’s evidence-binder exhibits.

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 table of contents of that party’s exhibits in the evidence binder.

Judge Donna D. Geck

CRITICALCivil cases

Each party must serve 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;

Judge Donna D. Geck

CRITICALCivil cases

Each lead trial counsel must serve the evidence-binder table of contents, 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.

Judge Donna D. Geck

CRITICALCivil cases

Service
Court service

The clerk must serve the order on every party and every subpoenaed person who appeared in court.

CLERK shall serve a copy of this order on each party to this action and each person under subpoena who appeared in court.

Judge Donna D. Geck

CRITICALCivil cases

Before an exhibit is marked for identification, copies must be delivered to the court and opposing counsel, unless good cause supports the stated inspection alternative.

No exhibit during trial shall be marked for identification until copies have been delivered to the court and opposing counsel or, at a minimum and for good cause shown, opposing counsel has had an opportunity to inspect and review the exhibit.

Judge Donna D. Geck

CRITICALCivil cases

Each party must serve the listed trial 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. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.

Judge Donna D. Geck

CRITICALCivil cases

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 complete witness list of the party’s proposed witnesses.

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 complete witness list of the party’s proposed witnesses.

Judge Donna D. Geck

CRITICALCivil cases

Each lead trial counsel must serve the party’s complete proposed-witness list.

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.

Judge Donna D. Geck

CRITICAL

Deadline
5 business days

Parties must exchange the Exhibit List and organized proposed exhibits at least five business days before the scheduled hearing or trial, unless the court sets another date; electronic delivery to a self-represented party requires consent and use of that party’s verified email address.

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.

Judge James F. Rigali

CRITICAL

Applies to
Zoom appearance request

The Zoom appearance request must be served on the other side.

In-person appearances of all parties, witnesses, and counsel is required. If exigent circumstances necessitate a Zoom appearance, local form SC-2073, Request to Appear by Zoom Videoconference/Order, must be e-filed for the court’s consideration at least 10-days prior to trial with service to the other side.

Judge Jed Beebe

CRITICAL

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; physical copies are allowed, and electronic delivery to a self-represented party requires consent and use of the party’s verified email address.

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.

Judge Jed Beebe

WARNING

Deadline
1 court days
Applies to
Ex parte supporting papers

To the extent practicable, supporting papers should be served by 10:00 a.m. on the court day before the hearing.

To the extent practicable, papers in support of an ex parte application should be filed and served by 10:00 a.m. on the court day before the scheduled hearing; later-filed papers may not be timely available to the court and may require a continuance of the hearing.

Court-level rulesOfficial source

WARNING

For good cause, the court may exempt a party from the rule, limit the documents the party must serve, or modify the parties’ obligations.

(1) The court, for good cause shown, may exempt a party from the application of this rule, limit the documents a party is required to serve, or otherwise modify the obligations of parties under this rule.

Court-level rulesOfficial source

WARNING

Applies to
Financial documents

Documents need only be served once.

Documents need only be served once.

Court-level rulesOfficial source

WARNING

The timing and manner of service must not be used to disadvantage the receiving party.

The timing and manner of service of papers shall not be used to disadvantage the receiving party.

Court-level rulesOfficial source

WARNING

Applies to
Business books and records

A party may satisfy the business-books-and-records exchange requirement by agreeing in writing to provide copies or permit inspection during regular business hours upon five days’ written notice.

A party complies with service of business books and records set forth in subdivision (c)(2)(C) by a writing that agrees either (i) to serve copies of such books and records as requested by the other party upon five (5) days’ written notice, or (ii) to permit inspection of such books and records, during regular business hours, by the party or party’s attorney upon five (5) days’ written notice.

Court-level rulesOfficial source

WARNING

Either party serving a request for an earlier conference must serve the completed Form SC-4014 on the other party.

At any time after 60 days after the petition is served on the other party, either party may file and serve a completed local court form SC-4014 to request an earlier case management conference or trial setting conference.

Court-level rulesOfficial source

WARNING

Service should be made personally or by facsimile transmission when it is likely that service by mail, even when allowed, will prejudice the opposing party.

Service should be made personally or by facsimile transmission when it is likely that service by mail, even when allowed, will prejudice the opposing party.

Court-level rulesOfficial source

WARNING

Applies to
Report and recommendation

Ordinarily, a contested hearing will not be scheduled until all parties who have appeared have been served with the petitioner’s report and recommendation.

Cases will not ordinarily be scheduled for a contested hearing until all parties who have appeared in the action have been served with the report and recommendation of the petitioner.

Court-level rulesOfficial source

WARNING

The financial document exchange rule applies to all Applicable Cases and Applicable Motions as defined in the rule.

This rule applies to all Applicable Cases and all Applicable Motions.

Court-level rulesOfficial source

WARNINGCivil cases

Copies may be sent electronically to a self-represented party only with that party's consent and at their verified email address.

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.

Court-level rulesOfficial source

WARNING

Applies to
Previously served financial documents

For previously served documents, a party may comply by identifying the documents, the party who served them, and the service date.

When this rule otherwise requires service of documents that have previously been served by any party, a party complies with this rule by identifying the documents previously served, the party serving the document, and the date of such service.

Court-level rulesOfficial source

WARNING

Applies to
Financial documents

After a reasonable, good-faith effort, a party unable to serve all required documents must timely serve as complete a collection as possible.

To the extent that a party is, after a reasonable and good faith effort, unable to serve all documents required by this rule, the party shall timely serve as complete a collection of required documents as possible.

Court-level rulesOfficial source

WARNING

No hearing or notice is required for the specified applications, in addition to the exceptions set out in CRC 5.170.

In addition to those matters set forth in CRC 5.170, a hearing is not required and notice need not be given for an application: (A) For issuance, or reissuance, of a Request for Order or an Order to Show Cause (‘OSC’) that does not request relief pending the hearing; or, (B) For an order pursuant to Local Rule 1507(f) (relating to alternative compliance with, and delay or waiver of, attendance at parental education programs).

Court-level rulesOfficial source

WARNING

All discovery materials should be exchanged between the parties and served upon all other parties who have appeared in the action no later than the pretrial conference.

All discovery materials should be exchanged between the parties and served upon all other parties who have appeared in the action no later than the pretrial conference.

Court-level rulesOfficial source

WARNING

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.

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.

Court-level rulesOfficial source

WARNING

CASA reports may not be distributed to other parties or organizations except when required by law or rule or ordered by a Juvenile Court Judge.

No copies of CASA reports will be distributed to foster parents, group homes, or any other parties or organizations not specifically provided herein except as may be required by California statutes, the CRC, these local rules or upon order of a Judge of the Juvenile Court.

Court-level rulesOfficial source

INFO

Service
Electronic service

Where e-filing is mandatory but e-service is not, e-service is optional under the cited rules; parties are strongly encouraged to file express consent to e-service with the court.

In all cases where e-filing is mandatory under subdivision (a)(1) and e-service is not mandatory under subdivision (d)(1), e-service is optional as provided in Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.251. Parties are strongly encouraged to file an express consent to electronic service with the court. (See Judicial Council Form EFS-005-CV.)

Court-level rulesOfficial source

INFOCivil cases

Copies may be sent electronically to opposing counsel instead of being provided in physical form.

Copies may be provided in their physical form, or may be sent electronically to opposing counsel.

Court-level rulesOfficial source