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Chapter Thirteen (Rules 1300 to 1310): law and motion calendaring in the assigned department (Rule 1300); tentative rulings under CRC 3.1308 by telephone and, at the judicial officer's option, on the court's website not later than 3:00 p.m. on the court day before the hearing, with the departments' numbers (Rule 1301); judgment debtor examinations - form EJ-125, proof of service at least three (3) court days before, continuances, failures to appear and warrants under Code of Civil Procedure section 1993 (Rule 1303); uncontested matters - stipulations decided in chambers, clerk's defaults on form CIV-100, court judgments by declaration or live testimony and unlawful detainer defaults (Rule 1307); remand from federal court, a declaration within 30 days (Rule 1308); civil litigation administration - an all-purpose judge, a CMC 120 calendar days after filing and CMC statements 15 calendar days before it (Rule 1309); and the Civil Case Cover Sheet Addendum (form SC-2069) (Rule 1310).
California > Second Appellate District > Santa Barbara County > Superior Court of California, County of Santa Barbara
Chapter Thirteen: General Civil Court Procedures 1300 LAW AND MOTION HEARING CALENDARING Unless otherwise ordered by the Court, civil law and motion hearings are to be set on the civil law and motion calendar of the department to which the matter is assigned. 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. (Adopted effective 07-01-18; former Rule 1300, adopted 07-01-98, was repealed effective 07-01-09) 1301 TENTATIVE RULINGS Tentative rulings in civil law and motion matters are posted pursuant to CRC 3.1308 and require notice of intent to appear. Tentative rulings are not required, but any judicial officer who does issue tentative rulings shall use this procedure. Tentative rulings shall be made available by telephone notice and, at the option of the judicial officer, by posting on the Court's web site at http://www.sbcourts.org/os/tr/ not later than 3:00 p.m. on the court day preceding the scheduled hearing. 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. A party may obtain tentative rulings and provide notice to the court of intention to appear using the following telephone numbers: Santa Barbara Civil Departments: Department 3 (805) 882-4570 Department 4 (805) 882-4590 Department 5 (805) 882-4570 Department 6 (805) 882-4590 Santa Maria Civil Departments: Department 1 (805) 614-6500 Department 2 (805) 614-6500 Department 4 (805) 614-6515 (Amended 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-03) 1302 NOTICE OF MOTIONS IN LIMINE Rule number 1302 is reserved for future use. (Rule 1302 repealed effective 07-01-18; adopted effective 07-01-98; amended 07-01-09) 1303 JUDGMENT DEBTOR EXAMINATION PROCEEDINGS (a) [Application for Examination] A judgment creditor shall apply for 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 using Judicial Council form EJ-125 (or successor form). It is the judgment creditor's responsibility to complete the proposed order portion of the form, including the date and time of the examination hearing, and to verify that the court is available at such date and time for the examination. Examinations are to be set in the department to which the case is assigned. A natural person must be named in the order for examination proceedings on behalf of a corporation, limited liability company, partnership, or other entity, unless the court for good cause orders otherwise. (b) [Proof of Service of Order] 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. (c) [Continuance of Examination Hearing] Unless otherwise ordered by the court, continuances of an examination hearing will be granted only where: (i) both the applicant and the person to be examined appear on the date of the examination, (ii) the applicant and the person to be examined stipulate in writing to a continuance, or (iii) proof of timely service of the order has been filed prior to the request for a continuance and the applicant declares that the person to be examined has agreed to appear at the continued date. 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. (d) [Failure to Appear at Hearing by Applicant] If the applicant fails to appear at the hearing and the person named in the order appears, the proceeding will be taken off calendar without costs awarded to the applicant. Except as otherwise ordered by the court, no further hearing will be scheduled except upon application for a new order with the further hearing scheduled no earlier than 120 days from the date of the originally scheduled hearing. (e) [Failure to Appear at Hearing by Person Ordered to Appear] 1. [Alternative Nonexclusive Remedies] If the person ordered to appear for examination fails to appear after timely service of the order for examination, the court may enforce the order to appear by any means permitted by law, including the issuance of a warrant of attachment pursuant to Code of Civil Procedure section 1212 and punishment for contempt and the issuance of a civil warrant pursuant to Code of Civil Procedure section 1993 and the imposition of fines or other monetary sanctions. A judicial officer of this court may express a preference that a particular remedy be employed before or in lieu of any other remedy; however, unless otherwise provided by law, all available remedies are nonexclusive and cumulative to each other, so that notwithstanding any stated preference or prior remedy employed, the court may invoke any otherwise appropriate remedy or remedies. 2. [Code of Civil Procedure Section 1993 Procedures] i. [First Failure to Appear] If the person ordered to appear for examination fails to appear and proof of service of the order has been timely filed, upon application of the judgment creditor at the time scheduled for the appearance or within 30 calendar days thereafter, the court pursuant to section 708.170, subdivision (a)(1)(B), may enforce the order by a warrant issued pursuant to Code of Civil Procedure section 1993. Pursuant to section 1993, subdivision (a)(2), prior to the issuance of the warrant, the court shall issue a "failure to appear" notice informing the person ordered to appear that a warrant may issue. 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. The "failure to appear" notice shall set a new examination date and time at which the person to be examined shall be required to appear. ii. [Subsequent Failure to Appear] If the person ordered to appear for examination fails to appear on the date identified in the letter, the court, upon application of the judgment creditor, may issue an arrest warrant pursuant to Code of Civil Procedure section 1993 and may impose fines or civil assessments as provided by law. 3. [Limitations on Issuance of Warrants] 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. 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. (f) [Obtaining Exceptions] Where exceptions to this rule are permitted upon order of the court, a party seeking such exception shall apply for the exception by stipulation, by ex parte application, or by noticed motion, and such application or motion shall be supported by a declaration showing good cause. (Amended 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09) 1304 FAILURE TO APPEAR FOR DEBTOR EXAMINATION Rule number 1304 is reserved for future use. (Rule 1304 repealed effective 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09) 1305 MANDATORY SETTLEMENT CONFERENCE; CRC 3.1380 Rule number 1305 is reserved for future use. (Rule 1305 repealed effective 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99) 1306 TRIAL BRIEFS Rule number 1306 is reserved for future use. (Rule 1306 repealed effective 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09) 1307 UNCONTESTED MATTERS (a) [Stipulations] Stipulations for a court order are filed with the court without setting a hearing date. The court will accept, modify, or reject the stipulation for an order in chambers without a hearing. The court does not accept stipulations to continue trial except by ex parte application. (b) [Default Judgments] 1. [Clerk's Judgment] A request for default judgment by the court clerk (Code Civ. Proc., § 585, subd. (a)) is made by submitting the request on Judicial Council form CIV-100 (or successor form) without requesting a court hearing. 2. [Court Judgment by Declaration] 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). The party applying for the default judgment shall concurrently file the application, all supporting documents, and proposed judgment with the court. After the application and supporting documents are filed, the court may: (i) enter the judgment as proposed; (ii) enter judgment as modified by the court to reflect the court's findings under section 585; (iii) set a hearing on the application for default judgment (usually on the on the regular law and motion calendar of the department to which the case is assigned); (iv) request further documentation, argument, or explanation from the party applying for the judgment; (v) deny the application; or, (vi) make other orders appropriate for the disposition of the application for default judgment. 3. [Court Judgment by Live Testimony] Except as provided in subdivision (b)(4) or otherwise ordered by the court, where an application for court judgment on default is sought through the presentation of live testimony, the hearing shall be set on the regular law and motion calendar of the department to which the case is assigned. It is the responsibility of counsel to arrange to set the hearing through the calendar clerk. Unless otherwise ordered by the court, the application and all supporting documentary evidence must be filed with the court at least five court days prior to the hearing. 4. [Court Judgment in Unlawful Detainer Cases] In cases of unlawful detainer or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), the following rules apply: i. Default judgment for possession only is obtained by request for a clerk's judgment as provided in subdivision (b)(1). ii. Default judgment for relief other than for possession only is obtained by application for a court judgment. The plaintiff may elect to proceed by declaration or by live testimony. A court judgment by declaration is obtained as provided in subdivision (b)(2). Unless otherwise ordered by the court, to obtain a court judgment by live testimony, the plaintiff must arrange for a hearing on the application through the calendar clerk, and must file the application and all supporting papers, at least five court days prior to the hearing. The hearing on the application will be heard on the first available unlawful detainer calendar (or civil law and motion calendar if there is no regular unlawful detainer calendar) in the department to which the case is assigned. (c) [Scheduling Changes] The court may, in its discretion, shorten the times set forth herein, or specially set the hearing or disposition of any matter addressed by this rule, on its own motion or upon ex parte application supported by a declaration showing good cause therefor. (Amended 07-01-18; adopted 07-01-98; previously amended effective 07-01-09 and 01-01-99) 1308 PROCEDURES AND REMAND FROM FEDERAL COURT After an action is removed to federal court, remand from the federal court to the state court is effected when the federal court clerk sends a certified copy of the order on remand to the clerk of the superior court. Documents filed in federal court after removal are not provided to the superior court. To complete the superior court's file after remand, within 30 days of the filing of the order of remand, each party shall file a declaration describing the material pleadings that party filed in the federal action and the pertinent orders or rulings entered in the federal action. Certified or conformed copies of all such pleadings and papers shall be attached to the declaration. (Adopted effective 07-01-18; former Rule 1308, adopted 07-01-98, was repealed effective 07-01-09) 1309 CIVIL LITIGATION ADMINISTRATION (a) [Delay Reduction Policy] This rule is adopted pursuant to the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.) and CRC 3.711 and 3.714. This rule applies to all general civil actions and all limited civil actions specified, except for those actions excluded by the Trial Court Delay Reduction Act or other actions specified by the court. (b) [Assignment of "All-Purpose" Judge; Case Management Noticing] Upon filing of the complaint in general civil cases, a judge will be assigned randomly to hear the case for all purposes. A Case Management Conference ('CMC') shall be scheduled one hundred twenty (120) calendar days from the date of filing the complaint and notice of the 'all-purpose judge' assignment and the date set for the CMC will be sent to the Plaintiff. In the event a case is transferred from another county or from another division of this Court, unless otherwise ordered by the Court, a CMC shall be scheduled within ninety (90) calendar days from receipt of the file by the Clerk of the transferee court. Any unlawful detainer case not resolved or set for trial within forty-five (45) calendar days after the date the complaint was filed may be set for CMC to determine the status of such case. (c) [Case Management Conferences] The Court conducts case management conferences in accordance with the case management rules set forth in CRC 3.720 et seq. 1. [Case Management Conference Statements] Unless expressly exempted by the Court, counsel or self-represented litigants are required to meet and confer as set forth in CRC 3.724 and to file case management conference statements no later than 15 calendar days prior to the CMC as set forth in CRC 3.725. 2. [Conduct of Case Management Conferences] At the CMC, the Court will evaluate the management of the case, and will consider and take appropriate action with respect to the matters specified in CRC 3.727. Counsel and self-represented litigants attending the CMC shall be thoroughly familiar with the case and able to inform the court of any aspect of the case that may assist the Court in its determinations for processing the case through settlement or trial. 3. [Alternative Dispute Resolution] At the CMC, the Court will consider and discuss alternative dispute resolution (ADR) methods and settlement procedures. Prior to the CMC, counsel shall have discussed ADR methods and settlement procedures with their clients, shall have authority to act on behalf of their clients with respect to ADR processes, and shall have entered this information on the case management statement. ADR processes include, as applicable, 'Case Management Alternative Dispute Resolution Early Settlement Session' (CMADRESS), 'CADRe Limited Mediation,' judicial arbitration, mediation, neutral evaluation, binding arbitration, judicial reference, and mandatory and voluntary settlement conferences, as provided in the Code of Civil Procedure, the CRC, and chapter 11 of these local rules. As appropriate, the Court may order the parties to participate in one or more ADR processes, make orders to facilitate ADR processes stipulated by the parties, and may make orders to ensure ADR processes have been timely completed. (Amended effective 07-01-18; adopted 07-01-99; previously amended effective 01-01-12, 07-01-09, 07-01-08, 01-20-05, 01-01-03 and 07-01-01) 1310 CIVIL CASE COVER SHEET ADDENDUM In addition to the Civil Case Cover Sheet required by the California Rules of Court, a civil action or proceeding presented for filing must be accompanied by the Civil Case Cover Sheet Addendum (form SC-2069), signed by counsel for plaintiff, or by the plaintiff if he or she is self-represented. A copy of the completed form must be served with the summons and complaint or petition. (Adopted effective 07-01-18)
Chapter Thirteen: General Civil Court Procedures 1300 LAW AND MOTION HEARING CALENDARING Unless otherwise ordered by the Court, civil law and motion hearings are to be set on the civil law and motion calendar of the department to which the matter is assigned. 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
Reviewer note: Composed 2026-10-07 (California T4 Santa Barbara build 2026-10-07) from BenchPath custody ca/t4/ca-santa-barbara/pages/forms-filing__local-rules.html (the court's Local Rules page, “Current Local Rules / Effective January 1, 2025”, as fetched 2026-10-07; 894893 bytes, sha256 1059f4db3448c727e841119aa4222d3065d08c4da61c2ab925230763ca01031a) with html-compose.py (the Orange composer) over the page's content sections, after build/ol_markers.py wrote into each ordered-list item the label the browser draws (the page sets the rules' subdivisions as HTML ordered lists, whose labels are not in its text: 327 labels - 192 decimal, 80 lower-alpha, 31 lower-roman and 24 upper-alpha - the counts the browser computed on the live page); the page's opening lines (its heading, effective date, note and links) and its closing Appendices list belong to no chapter; the rule body cut at the chapter headings. Proofs: the composer's (the multiset of non-space characters equals the sections' text less chrome), the labels are the only characters added, the labels match the browser's counts, and the cut reassembles the rule body. The page's “PDF version” link serves a book marked effective January 1, 2027 that carries rules still proposed for comment; it is held with its receipt and a review task, and the page is the source. Review note: Rule 1301 posts tentative rulings not later than 3:00 p.m. on the court day before the hearing, at http://www.sbcourts.org/os/tr/; the policies of Departments SM 1 and SM 2 (carded) post them by 5:00 p.m. the day before (a review task).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.