Proposed Local Rules / Forms
Proposed Local Court Forms and Rules
The following local rules are proposed for adoption January 1, 2025.
Questions or comments regarding these proposed rules and forms should be directed by November 15, 2024 to: localrulescomments@sbcourts.org.
During this rules cycle, both the Civil and Criminal divisions will be implementing changes to their respective rules. The Civil division has only one change (LC 1009), while the Criminal division has several changes to both their rules and forms.
PROPOSED CHANGES TO SANTA BARBARA COUNTY SUPERIOR COURT LOCAL RULES EFFECTIVE January 1, 2025:
1009 EX PARTE ORDERS
All applications for ex parte orders shall comply with CRC 3.1200-3.1207 and shall be e-filed where mandatory under Local Rule 1012. Applications which are not required to be e-filed under Local Rule 1012 shall be filed in the Clerk's office of the appropriate court division where the case is pending. 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.
Civil Division Local Rules
|
Rule/Form Number
|
Description |
Amended |
Repealed |
|
Ex Parte Orders |
✓ |
Criminal Division Local Rules
The Criminal Rules Committee recommends that the following local rules be amended/adopted/repealed:
CHAPTER NINETEEN - CRIMINAL RULES
1900 CRIMINAL CASE CALENDARING
(Rule 1900 Repealed effective 07-01-09; adopted 07-01-98; previously amended 01-01-99)
Amend as follows:
1900 FILING DEADLINES FOR CRIM1INAL COMPLAINTS ARRAIGNMENTS
A. 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. Example: If the last day for arraignment is scheduled for a Thursday, the complaint must be filed by 12:00 p.m. that same day.
B. 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. Example: If the arraignment is scheduled for a Friday, the complaint must be filed by 4:00 p.m. on the preceding Wednesday.
C. 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.
1901 STAFFING, AVAILABILITY, PREPARATION, PROSECUTION & DEFENSE
Repeal
1902 PRE-TRIAL SERVICES
Amend as follows:
The Santa Barbara County Probation Department, Pretrial Services Unit, has been designated by the court to prepare Pre-Trial reports in order to provide information and recommendations to the court about a defendant’s release from custody on one’s own recognizance, on supervised release, with the posting of an appropriate bail amount, a combination of financial and non-financial terms of release, or being held without bail.
(Amended 07-01-09; adopted 07-01-98; previously amended effective 01-01-99)
1903 OWN RECOGNIZANCE BAIL REVIEW HEARINGS
Repeal
1904 MANDATORY APPEARANCES
Amend as follows:
The presence of the defendant at arraignments and subsequent court appearances shall follow the procedures outlined in Penal Code § 977. Requests to recall a warrant shall follow the same procedures as arraignments as stated in § 977. For example, a defendant must be physically present to recall a felony warrant. If necessary to obtain a defendant’s signature or to serve the defendant with an order, the court may require the defendant’s personal presence.
(Amended 07-01-09; adopted effective 07-01-98)
1905 ENTERING NOLO CONTENDERE OR GUILTY PLEA
Repeal
1906 SPECIAL CUSTODY ARRAIGNMENT SESSIONS
Under special circumstances, the court may conduct an arraignment of a prisoner at the custody facility where the prisoner is confined. All hearings must be open to the public except those hearings authorized by law to be closed.
(Amended 07-01-09; adopted effective 07-01-98)
Keep
1907 NOTICE OF MOTION; POINTS & AUTHORITIES
Repeal
1908 DISCOVERY
Repeal
|
Rule/Form Number |
Description |
Amended |
Repealed |
|
1900 |
Criminal Case Calendaring |
✓ |
|
|
1901 |
Staffing, Availability, Preparation, Prosecution & Defense |
✓ |
|
|
1902 |
Pre-Trial Services |
✓ |
|
|
1903 |
Own Recognizance Bail Review Hearings |
✓ |
|
|
1904 |
Mandatory Appearances |
✓ |
|
|
1905 |
Entering NOLO Contendere or Guilty Plea |
✓ |
|
|
1907 |
Notice of Motion; Points & Authorities |
✓ |
|
|
1908 |
Discovery |
✓ |
|
|
Addendum to Advisement of Rights, Waiver and Plea Form |
✓ |
||
|
SC-3004 |
Declaration and Application for Change of Plea and Request for Dismissal (PC § 1203.4/1203.4a) |
✓ |
|
|
SC-3004a |
Instructions for Declaration and Application by Defendant (PC § 1203.4/1203.4a) |
✓ |
|
|
SC-3005aN |
Fax Arraignment Procedures Lompoc/Miller |
✓ |
|
|
SC-3005N* |
Fax Arraignment Lompoc/Miller (Mandatory Use) |
✓ |
|
|
Order Granting Deferred Entry of Judgment PC 1000 |
✓ |
||
|
SC-3008N |
Court Ordered Program Notice of Non-Compliance (PC 1000) (North County) |
✓ |
|
|
SC-3008S |
Court Ordered Program Notice of Non-Compliance (South County) |
✓ |
|
|
SC-3009 |
Order Terminating Deferred Entry of Judgment PC 1000 And Entry of Judgment |
✓ |
|
|
SC-3013S |
Application and Order Permitting Appearance in Pro Per (English & Spanish Version) |
✓ |
|
|
SC-3015 |
Order For Destruction of Weapons And/or Transfer To DOJ |
✓ |
|
|
SC-3016 |
Order For Return of Weapon |
✓ |
|
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SC-3018 |
Stipulation And Order for Return of Exhibits |
✓ |
|
|
SC-3030 |
Petition For Waiver Mandatory Installation of Ignition Interlock Device; Findings and Order |
✓ |
|
|
Waiver of Defendant’s Personal Appearance |
✓ |
||
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Order For O.R. Release (Unsupervised) |
✓ |
||
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Order For Supervised Release of Prisoner |
✓ |
||
|
SC-3038 |
Declaration and Application by Defendant Penal Code 1210.1(d) |
✓ |
|
|
Order Setting Bail Modification |
✓ |
||
|
SC-3043N |
Court Ordered Program Notice of Non-Compliance (DV) |
✓ |
|
|
SC-3064 |
Ex Parte Order Pursuant to PC 4011.5 |
✓ |
|
|
Advisement And Waiver of Right to Counsel (Faretta Waiver) |
✓ |
||
|
SC-3094 |
Referral Form – or/Br Reports |
✓ |
|
|
SC-3095 |
Consent To Conduct Arraignment By 2 Way Electronic Audio-Video Communication |
✓ |
|
|
SC-3096 |
Consent To Conduct Sentencing By 2 Way Electronic Audio-Video Communication |
✓ |
|
|
SC-3097 |
Stipulation of Waiver of Time and Personal Appearance of Defendant |
✓ |
|
|
Abandonment of Appeal |
✓ |