Court Calendar.Rule 200. Court Calendar.
GENERAL CALENDAR; INDIVIDUAL CALENDAR SYSTEM The Divisions of this Court, sited in Santa Barbara and Santa Maria respectively, operate an Individual Calendar System, with cases randomly assigned to one judge for all purposes, pre-trial, trial and post trial. The only exceptions to this are for the case categories of Juvenile Delinquency and Dependency, District Attorney Family Support, Mental Health and Appeals front the Municipal Courts, calendars for which are conducted by specific judicial officers and departments.
The business of the Court is distributed in accordance with the following general calendar, which sets forth the days of the week and hours of the day scheduled for hearing particular types of proceedings and calendars by the judicial officers of the Court. The specific cases and proceedings, and the Court departments where they are scheduled for hearing, shall be as daily designated and posted on the Court's bulletin board, in each Division of the Court where sessions are held.
In addition to, and despite any provisions of this Rule, the Presiding Judge or Assistant Presiding Judge may assign and reassign such cases and calendars to other judges, departments or divisions of the Court, as deemed necessary and appropriate. (Amended Eff. Jan. 1, 1997)
SOUTII COUNTY DIVISION (Santa Barbara)
Dept.Judicial OfficerCalendarDayfrime
01Judge STEVENSCriminal SettlementMon. 8:30 A.M.
Crim. Trial AssignmentMon. 8:30 A.M.
Criminal Law & MotionMon. 8:30 A.M.
Civ. Admin. Calendars1True. 8:30 A.M.
Probate CalendarWed. 8:30 A.M.
Civil Law & MotionWed. 8:30 A.M.
Special Settings2Thu. 8:30 A.M.
Family Law & MotionFri. 8:30 A.M.
Trials3Daily 9:30 AM.
1Civil Administrative Calendars include Case Management, Civil Settlement
Conferences, Short Cause Trial Assignments, and Civil Trial Calendar.
2 Special settings includes any lengthy motions or hearings of any type.
3 Trials normally commence at 10:00 a.m. on the one day of the week that each judge hears the Civil Administrative Calendars.
Dept. Judicial Officer Calendar Day/Time
02 Judge DODDSCivil Admin. CalendarsMon. 8:30 A.M.
Probate CalendarTue. 8:30 A.M.
Civil Law & MotionTue. 8:30 A.M.
Special SettingsWed. 8:30 A.M.
Family Law & MotionThu. 8:30 A.M.
Criminal SettlementFri. 8:30 A.M.
Crim. Trial AssignmentFri. 8:30 A.M.
Crim. Law & MotionFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
03Judge OCHOAProbate CalendarMon. 8:30 A.M.
Civil Law & MotionMon. 8:30 A.M.
Special SettingsTue. 8:30 A.M.
Family Law & MotionWed. 8:30 A.M.
Criminal SettlementThu. 8:30 A.M.
Crim.Trial AssignmentThu. 8:30 A.M.
Criminal Law & MotionThu. 8:30 A.M.
Civil Admin. CalendarsFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
04Judge ADAMSSpecial SettingsMon. 8:30 A.M.
Family Law & MotionTue. 8:30 A.M.
Criminal SettlementWed. 8:30 A.M.
Crim. Trial AssignmentWed. 8:30 A.M.
Criminal Law & MotionWed. 8:30 A.M.
Civil Admin. CalendarsThu. 9:30 A.M.
Probate CalendarFri. 8:30 A.M.
Civil Law & MotionFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
05Judge McMAHONFamily Law & MotionMon. 8:30 A.M.
Criminal SettlementTue. 8:30 A.M.
Crim. Trial AssignmentTue. 8:30 A.M.
Criminal Law & MotionTue. 8:30 A.M.
Civ. Admin. CalendarsWed. 8:30 A.M.
Probate CalendarThu. 8:30 AM
Civil Law & MotionThu. 8:30 A.M.
Special SettingsFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
Dept.Judicial OfficerCalendarDay/Time
06Judge GORDONCourt AdministrationDaily 8:30 A.M.
(Presiding Judge)Juvenile TrialsM-T-Th. 9:00 A.M.
Juvenile DelinquencyMo-Thu. 1:30 P.M.
Juvenile DependencyWed. 10:00 A.M.
D.A. Family SupportFri. 9:00 A.M
Mental Health/LPSFri. 10:00 A.M.
Small Claims AppealsFri. 1:30 P.M.
NORTH COUNTY DIVISION (Santa Maria)
Dept. Judicial OfficerCalendarDay/Time
01 Judge CANTERCriminal SettlementMon. 8:30 A.M.
Crim.Trial AssignmentMon. 8:30 A.M.
Criminal Law & MotionMon. 8:30 A.M.
Civil Admin. CalendarsTue. 8:30 A.M.
Probate CalendarWed. 8:30 A.M.
Civil Law & MotionWed. 8:30 A.M.
Family Law & MotionThu. 8:30 A.M.
Special SettingsFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
02Judge MELVILLECivil Admin. CalendarsMon. 8:30 A.M.
Probate CalendarTue. 8:30 A.M.
Civil Law & MotionTue. 8:30 A.M.
Family Law & MotionWed. 8:30 A.M.
Special SettingsThu. 8:30 A.M.
Criminal SettlementFri. 8:30 A.M.
Crim. Trial AssignmentFri. 8:30 A.M.
Criminal Law & MotionFri. 8:30 A.M.
TrialsDaily 9:30 A.M.
03Judge ST JOHNProbate CalendarMon. 8:30 A.M.
Civil Law & MotionMon. 8:30 A.M.
Family Law & MotionTue. 8:30 A.M.
Criminal SettlementWed. 8:30 A.M.
Crim. Trial AssignmentWed. 8:30 A.M.
Criminal Law & MotionWed. 8:30 A.M.
Civil Admin. CalendarsThu. 8:30 A.M.
Special SettingsFt i. 8:30 A.M.
TrialsDaily 9:30 A.M.
Dept.Judicial OfficerCalendarDay/Time
04Judge JENNINGSSpecial SettingsMon. 8:30 A.M.
(Asst. Presiding Judge)Criminal SettlementTue. 8:30 A.M.
Crim, Trial AssignmentTue. 8:30 A.M.
Criminal Law & MotionTue. 8:30 A.M.
Civil Admin. CalendarsWed. 8:30 A.M.
Probate CalendarThu. 8:30 A.M.
Civil Law & MotionThu. 8:30 A.M.
Family Law & MotionFri. 8:30 A.M.
TrialsDaily 9:30 P.M.
05Comm. GARCIAJuv. Hearings & TrialsDaily 8:30 A.M.
D.A. Family SupportWed. 1:30 P.M.
Appellate Calendar (Appeals from Municipal Courts):
Alternates Hearings,
South and North County Divisions. 4th Wed. 3:00 PM.
(Amended eff. January 1, 1997)
Rule 201.Calendar Procedure.
Counsel are required to provide accurate estimates of the time required for hearing when scheduling all matters.
Any matter assigned to a trial department and not completed on the initial date of hearing may be continued by the judge hearing said matter until completed except as set forth in CRC Rule 216.
(Amended, effective 7/1/85)
Rule 202.Civil and Family Law and Motion Calendars.
The civil and family law and motion calendar shall include but not be limited to orders to show cause, defaults, demurrers, discovery motions on notice, matters involving receiverships, injunctions, supplemental proceedings and other matters which may be assigned. Matters which, in the opinion of the court, cannot be accommodated on the law and motion calendar shall be placed on the short cause calendar at the discretion of the court. All matters shall be determined on the basis of points and authorities, verified pleadings, affidavits and declarations, unless the court, for good cause shown, allows the taking of oral testimony.
Any affidavit or declaration filed in support of any motion must state the facts showing the affiant or declarant is, under the rules of evidence, qualified to testify to the facts stated therein.
Counsel shall comply with Code of Civil Procedure Sec. 2024 before noticing a motion to compel further discovery.
All papers opposing a motion or order to show cause, including all supporting material and proposed forms of judgment, notice of entry of judgment, and all other necessary forms and orders relating to a default judgment, shall be filed with the court and received by each party no later than 1:30 p.m. on the fourth day preceding the date set for hearing. In the Santa Maria division of the court, all papers opposing a motion or order to show cause and all other papers described above, shall be filed with the court and received by each party at least five court days prior to the date set for hearing. All supplemental papers by the moving party shall be filed with the court and received by each party no later than two court days (48 hours) prior to the time set for hearing. The court, for good cause shown, may prescribe a shorter time in a given case.
If no opposition is filed to a motion or demurrer, such omission creates an inference that the motion or demurrer is well taken. The inference may be taken into account, if at all, in the discretion of the court.
Any requests for continuances shall be made by written stipulation and order with the reasons stated therefor. Where all parties to a law and motion matter stipulate to a continuance and the stipulation is filed with the court at least two court days (48 hours) prior to the time set for hearing, the continuance will ordinarily be granted, unless the court, in its discretion, determines the matter should not be continued. Any request for continuance of a law and motion matter which is not stipulated to by all parties or which is not filed with the court at least two court days (48 hours) prior to the time for hearing shall require mandatory appearance by counsel at the time of the hearing. If the request is not filed at least two court days (48 hours) prior to the time for hearing, the court shall either rule on the motion based upon the moving papers previously submitted, take the matter off calendar subject to being renoticed and reset in accordance with CCP Sec. 1005, or continue the matter to another date.
Citations of cases in points and authorities filed with the court shall include the official citation and, where applicable, parallel citations to West's California Reporter and West's Supreme Court Reporter.
(Amended, effective 1/1/91; 1/1/96)
Rule 203.Short Cause Calendar.
Pursuant to CRC Rule 216, the short cause calendar shall consist of all nonjury matters in which the time estimated for trial is one day or less. In the event any party files an at-issue memorandum in which the time estimate exceeds one court day, the court in its discretion may place the matter on the short cause calendar.
All matters set for the short cause calendar shall be assigned out for trial only when the following prerequisites are met:
(a)An at-issue memorandum has been filed;
(b)Counsel, unless otherwise engaged in trial, agree to be ready to commence trial on 22 hours' notice by telephone;
(c)Trial briefs have been filed no later than seven days prior to the date the matter is set on the short cause calendar, except for family law matters, which are governed by Local Court Rule 652.4
(Amended, effective 7/1/91; 1/1/96)
Rule 204.Trial Setting Conference Calendar.
In cases not subject to the Court's Delay Reduction Program (Local Rule 208), full compliance with CRC Rules 217 through 220 relating to trial setting conferences shall be required. Attorneys with full authority to act in all matters pertaining to the case shall attend the trial setting/status conference calendar. Counsel shall confer prior to the trial setting conference and jointly complete the status report.
(Amended, effective 7/1/88; 10/2/95)
Rule 205.Civil Settlement Conferences.
Trial counsel, parties, and any other persons, such as insurance representatives, necessary for complete settlement of this case, shall personally attend any civil settlement conference and shall have full and personal authority to act to resolve any disputed matter relating to the case. Full and personal authority shall mean the ability to act personally without contacting anyone else and the ability, but not necessarily the willingness, to take any action on the matter, up to and including, for example, dismissal of the complaint by the plaintiff or payment of the full amount of any policy of liability insurance by the defendant. Failure to comply with this rule shall be cause for sanctions and/or removal from the civil active list.
Prior to the mandatory settlement conference required by the CRC, an additional settlement conference may be requested by any party, or may be ordered, without request by the court.
All parties and their counsel shall comply fully with Local Court Rules 205 and 206 for any additional conference scheduled by the court including filing and serving on each party and with the court, a detailed settlement statement.
At least 48 hours prior to any scheduled settlement conference(s), the parties shall contact one another, discuss settlement and attempt to fully resolve the case by way of settlement. This requirement is an affirmative duty of each party.
(Amended, effective 7/1/90)
Rule 206.Civil Settlement Conference Statement.
In all civil cases the parties shall, not less than five days prior to the date of the settlement conference, file and serve on each party and with the court, a detailed settlement statement. Each party claiming damages shall include in the statement a settlement demand and an itemization of special and general damages as required by CRC Rule 222(d). Each other party shall set forth its position in monetary terms. The date and time of the hearing and the department number must be typed on the face sheet of the statement. The statements shall follow the form and contain the captions and information specified in this rule:
(a)Party submitting statement.
The name of the party or parties in whose behalf the statement is filed.
(b)Facts.
A plain, concise statement of the facts pertaining to liability, damages and any special defenses, as contended by the party filing the statement.
(c)Special factual information in certain actions.
In personal injury, wrongful death, contract actions and marital dissolution cases, the settlement conference statement shall include the following:
1.Personal injury and wrongful death cases. Plaintiff shall set forth: acts of negligence claimed; specific laws and regulations alleged to have been violated; a statement as to whether the doctrine of res ipsa loquitur is relied upon and the basis for such reliance; a detailed list of personal injuries claimed, including the nature, extent and permanence thereof; the age of the plaintiff; an itemized statement of all special damages to date, such as medical, hospital, nursing, etc., expenses, with the amount and to whom paid; a detailed statement of loss earnings claimed; and a detailed list of any property damage. Plaintiff shall attach a copy of the most recent medical report(s). The defendant shall prepare a statement, setting forth acts of comparative negligence claimed, specific laws and regulations alleged to have been violated by plaintiff, and attach a copy of the most recent defense medical report(s).
In wrongful death cases, plaintiff shall set forth further information as follows: decedent's date of birth, marital status (including age of surviving spouse), employment for five years before date of death, rate of earnings for five years prior to date of death, life expectancy under the mortality tables, general physical condition immediately prior to date of death, the names, dates of birth and relationship of decedent's dependents.
2.Contract cases. The parties shall each set forth: whether the contract relied upon was oral or in writing, specifying the writing, the date thereof and the parties thereto; the terms of the contract which were relied on by the party; any collateral oral agreement, if claimed, and the terms thereof; any specific breach of contract claimed; any misrepresentations of facts alleged; an itemization of damages claimed to have resulted from any alleged breach, the source of such information, how computed, and the identity of any books or records available to sustain such damage claimed; whether modification of the contract or waiver of covenant is claimed, and if so, what modification or waiver and how accomplished.
3.Other classifications. In all other classifications, each side shall prepare an appropriate summary of the elements of his or her case and the elements of monetary damages, if any, claimed by the party filing the statement, and the kind and general terms of any other kind of relief prayed for by him or her.
4.Penalties. Failure of counsel for any party to appear before the court with full authority to act in all matters pertaining to the case, or with all parties necessary to negotiate settlement, or to complete and file the required settlement conference statement, may subject counsel or the party failing to comply to sanctions, including, but not limited to, the following:
Monetary sanctions in favor of each other party to the proceeding and/or removal of the case from the civil active list, or striking of the pleadings pursuant to Section 575.2 of the Code of Civil Procedure.
(Amended, effective 1/3/94)
Rule 207.Criminal Settlement Calendar.
At the criminal settlement calendar, attendance shall be mandatory for the defendant, his counsel and a prosecuting attorney with full authority to dispose of the case.
(Amended, effective 7/5/83)
Rule 208.Administration of Civil Litigation.
A.Policy.
This rule is adopted pursuant to the Trial Court Delay Reduction Act (Gov. Code Sec. 68600 et seq.), and shall apply to all civil actions filed after January 1, 1988, except those actions excluded by Gov. Code Sec. 68608 and such other actions specified by the court. It is the policy of this court pursuant to the above Act to manage all civil cases from the time the complaint is filed and to achieve dispositions in such civil cases as expeditiously as possible. All counsel and parties to any civil action subject to this rule shall have an affirmative duty to diligently and expeditiously prepare such cases for trial.
B.Assignment of all-purpose judge.
Upon filing of the complaint, the Court shall randomly assign a judge to hear the case for all purposes and shall notice the Plaintiff of the selection of the all-purpose judge. The Court shall also set a Case Management Conference 120 days from the date of filing of the complaint and send notice to the Plaintiff of the assigned all-purpose judge and the date set for the Case Mangement Conference.
All parties brought into the case shall be immediately noticed by Plaintiff of the assignment of the all-purpose judge and of the date set for the Case Mangement Conference. A Proof of Service of the assigned all-purpose judge and date of the Case Mangement Conference shall be filed by Plaintiff with the Court within five (5) days after service. Plaintiff shall be required to provide such notice to all parties, including, but not limited to, defendants, cross-defendants and intervenors. Failure to give notice and file proof thereof may result in the imposition of sanctions.
C.Proof of service of complaint.
Within 60 days after filing of the complaint, the plaintiff(s) shall file with the court proof of service upon the defendant(s). If plaintiff(s) cannot with reasonable diligence serve process on all named defendants within that time period, plaintiff(s) may do one of the following: (1) file a motion to extend time to serve the defendant(s) no later than 60 days from the date the initial complaint was filed. Such motion shall be set for hearing on the status Civil Law and Motion Calendar within 20 days after filing and such motion shall be accompanied by a declaration stating the reason(s) why the complaint cannot be timely served in accordance with this rule; or (2) file an application for an ex parte order to extend time for service of process within such 60-day period, provided that plaintiff(s) uses the form application approved by the court. If the application for an ex parte extension is denied, the court shall order the applicant to appear on the Civil Law and Motion Calendar and show cause why the application should be granted.
It is the policy of this court to disfavor delays in serving or extensions of time to answer any pleading.
D.Case management conference.
The court shall conduct a case management conference 120 days from the date that the complaint was filed. Counsel shall confer prior to the Case Management Conference and jointly complete the Case Management Conference Memo, and shall file it with the court not later than seven (7) days prior to the date of the Case Management Conference. At the case management conference, the court shall consider alternative dispute resolution (ADR) methods, including, but not limited to, mediation, all forms of arbitration, early settlement conferences, use of special masters or referees, private judicial decisions and judges pro tem. If the court deems it appropriate, the court may assign the case to an ADR proceeding prior to setting the case for trial. Counsel attending the case management conference shall be thoroughly familiar with the case and shall have discussed with their clients ADR methods and settlement procedures, and have authority to act on behalf of their clients in these matters.
E.Orders to show cause.
If proof of service of the complaint is not filed and no timely motion to extend the time for such actions has been set for a hearing, the court may issue an order to show cause. At any order to show cause hearing or at any other hearing pursuant to this rule, the court may make such orders as appropriate to eliminate delay, including but not limited to, requiring the immediate service of pleadings, the limitation of discovery, law and motion, or other pretrial procedures, and any such other orders as may be required to cause the case to proceed expeditiously. In cases that are filed on or after January 1, 1991, the court shall not require shorter time periods than those specified in Gov. Code Sec. 68616. If the court at any time finds that any party or attorney has not proceeded with due diligence, the court may impose any sanctions authorized by law or local court rules including, but not limited to, dismissal of the case or striking of the pleadings as well as monetary sanctions.
F.Uninsured motorist cases.
The court may designate appropriate cases as "Uninsured Motorist." Cases designated by the court as "Uninsured Motorist" may have additional time, not to exceed 180 days, providing that counsel files a declaration and order to designate the case as "Uninsured Motorist" with the court within 60 days after the complaint was filed. The declaration shall state that the case is a personal injury or property damage action filed against a defendant(s) who is an uninsured motorist and plaintiff(s) claim is subject to an arbitration provision of an insurance policy which applies to all or part of the loss claimed.
G.Differentiation of cases.
(a)General civil cases filed on or after July 1, 1991 shall be evaluated by the court as provided in Rule 2106 of the California Rules of Court. The court may include general civil cases filed before the differential case management program's effective date upon notice to the parties if application of the program will result in deadlines different from those previously established in the case.
After evaluation, the court shall:
(1)Assign each case to one of the three case management plans specified in subdivision (b); or
(2)Exempt the case under subdivision (d) from the case disposition time goals stated in Rule 2105(b) of the California Rules of Court; or
(3)Assign the case under subdivision (e) to the local case management plan.
(b)Disposition under the following case management plans shall be from the date of filing:
(1)Plan 1, disposition within 12 months,
(2)Plan 2, disposition within 18 months,
(3)Plan 3, disposition within 24 months.
(c)All general civil cases shall initially be classified as "Plan 1" cases upon filing. The court on its own motion or upon motion of a party may modify the assigned case management plan at any time for good cause shown.
(d)The court on its own motion or upon motion of a party may in the interest of justice exempt a general civil case from the case disposition time goals if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. The court shall be guided by Rule 2106 of the California Rules of Court in making such determination.
If the court exempts a case from the case disposition time goals, the court shall establish a case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with a goal for disposition within three years.
(e)The court may adopt a case management plan that establishes a goal for disposing of cases within six to nine months after filing. The plan shall be used for uncomplicated cases most amenable to early disposition that may not need a case management conference or status conference or similar event to guide the case to early disposition.
H.Minimum time periods for delay reduction cases.
Pursuant to Gov. Code Sec. 68612, this rule and any court policies and procedures adopted pursuant to this rule, shall take precedence over any conflicting statutory provisions or California Rules of Court, except those provisions relating to time periods set forth in Government Code Sec. 68616 for cases filed on or after January 1, 1991.
(Amended, effective 1/3/94; 10/2/95; 1/1/96)
Rule 209.Appearance by Telephone.
With the prior approval of the court, counsel may present oral argument by telephone in matters specified in CRC Rule 298(b) and scheduled for hearing in law and motion departments designated by the court for participation. Telephonic oral argument will be scheduled at such times as the court may designate.
Counsel who wish to present oral argument by telephone shall file and serve a request to appear by telephone (see Appendix "A"). The moving party shall file and serve the request at the time the motion is filed and specify in the caption on the first page of the notice of motion the words: "TELEPHONIC HEARING REQUESTED." Counsel shall be available to participate in the conference call at the hours designated in Local Court Rule 200 for hearing of such law and motion matters.
The responding parties shall file and serve any request to appear by telephone at or within the time specified in Local Court Rule 202 for filing opposition papers. Any responsive papers filed and served by a responding party who wishes to present oral argument by telephone must also specify in the caption on the first page the words: "TELEPHONIC HEARING REQUESTED." On the next line in the caption, counsel shall designate the telephone number at which he or she may be called by any party participating in the conference call on the date of the hearing. Counsel who request to appear by telephone shall contact the court on the day prior to the hearing to determine if the request has been granted and to determine the court phone number to call on the date of the telephonic hearing.
Counsel who request(s) to appear by telephone shall pay the costs of any conference calls and shall pay any additional required court fee at the time the motion to appear by telephone is filed with the clerk's office. The costs of any telephone call(s) involved in such a hearing shall be charged to the first counsel requesting to appear by telephone. Should counsel wish to apportion charges amongst themselves, such arrangements shall be made by counsel without any court intervention. The court is not responsible for the costs of any telephone calls and will not hear any dispute regarding the allocation of such costs between any attorneys appearing by telephone.
When counsel appear by telephone, counsel shall speak one at a time and shall state his or her name for the record each time counsel speaks. If counsel does not participate in a conference call after requesting to present oral argument by telephone, the matter shall be deemed submitted by such counsel.
The court reserves the right to limit the number of matters designated for telephonic oral argument on any day in departments assigned for hearing such matters. Counsel requesting telephonic argument in any matter in which oral argument by telephone has been approved by the court shall place a telephone call to the number designated by the court at least five minutes before the time scheduled by the court for telephonic oral argument. If multiple requests to appear by telephone in the same matter have been granted, the moving party shall place the conference call.
(Adopted, effective 1/1/89)
Appendix A
Name, Address and Telephone
Number(s) of Attorney(s)
Attorney(s) for ______________________
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
Plaintiff(s))No. ______
)REQUEST TO
)APPEAR BY
vs.)TELEPHONE
)
Defendant(s))Phone No.:
)Hearing Date:
)Nature of Motion:
_____________________________________
Counsel hereby requests permission from the court to appear by telephone on the above-referenced matter. The undersigned counsel waives his or her right to be present at the hearing. If the undersigned does not place or participate in a telephonic call approved by the court in this matter, the matter shall be deemed to have been submitted by such counsel without argument.
Dated: _____________________________________________
(Signature)
Attorney(s) for: ___________________________________
Rule 210.Filing of Capacity Hearing Petitions for Involuntary Medication of Psychiatric Patients.
1. Filing petition.
Santa Barbara County Mental Health Department petitions for capacity hearings pursuant to Welfare & Institutions Code (W & I), Sec. 5333 shall be filed with the clerk of the superior court, located in the Courthouse at 1100 Anacapa Street, Santa Barbara, California 93101, or with the deputy clerk at the Psychiatric Health Facility (PHF), located at 315 Camino Del Remedlo, Santa Barbara, California 93110, by 4:45 p.m. of each business day. The form of the petition for capacity hearing shall be as shown in Form 1.
If the filing of the petition is at the psychiatric health facility, the deputy clerk shall promptly call the judicial services supervisor at the courthouse for assignment of a case number, and shall thereafter electronically transmit a true facsimile (FAX) of the petition to the judicial services supervisor.
2. Scheduling and postponement of capacity hearings.
Upon the issuance of a case number, the clerk of the superior court, or, if filed at the PHF, the deputy clerk at the PHF, shall give notice of the capacity hearing to the person who is the subject of the petition and his or her advocate or counsel shall receive a copy of the petition at the time it is filed. The capacity hearing shall be held before a hearing officer at the psychiatric health facility in accordance with the following local policy schedule developed by the presiding judge of the superior court and the county mental health director to insure that all parties can appropriately respond to the petition:
a.Petitions filed on Mondays and Tuesdays shall be heard on Wednesdays.
b.Petitions filed on Wednesdays and Thursdays shall be heard on Fridays.
c.Petitions filed on Fridays shall be heard on Mondays.
d.Variations to have earlier hearings can be had with the unanimous consent of all involved parties.
e.Postponement of capacity hearings may be made by the clerk of the superior court, or deputy clerk, in cases of the following hardships: weekends (subparagraph "c" above); legal holidays; untimely physical illness of hearing officer, patient, patient's counsel or advocate, attending physician, or treatment facility counsel, or physical unavailability of patient at the PHF (appearance at another court proceeding, AWOL, etc.). In no event shall capacity hearings be held beyond 72 hours of filing of the initial petition.
3. Capacity hearing determinations.
The person who is the subject of the capacity hearing shall be given oral notification of the determination at the conclusion of the capacity hearing, by the hearing officer. As soon thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment shall be provided with written notification of the capacity hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination. A copy of the capacity hearing ruling shall be submitted to the superior court.
Upon completion of the capacity hearing, the deputy clerk at the PHF shall personally deliver the original petition, if filed with the deputy clerk, and all other fillings and documents of the capacity hearing to the clerk of the superior court for retention as the official record according to law.
4.Appeal of capacity hearing determinations.
Appeal of a capacity hearing determination may be made to the superior court by the patient, or, with the consent of the county counsel, by the person who files the original petition (Welfare & Institutions Code Sec. 5334). The form of an appeal made on behalf of the patient shall be as shown in Form 2.
Appeals of capacity hearings determinations shall be filed with the clerk of the superior court, located in the Courthouse at 1100 Anacapa Street, Santa Barbara, California 93101, or with the deputy clerk of the superior court at the psychiatric health facility (PHF), located at 315 Camino Del Remedio, Santa Barbara, California 93110, by 4:45 p.m. of each business day.
If the filing of an appeal is at the psychiatric health facility, the deputy clerk shall promptly call the judicial services supervisor at the courthouse and shall thereafter electronically transmit a true facsimile (FAX) of the petition to the judicial services supervisor. Appeal case numbers shall be the same as the capacity hearing petition case number.
All appeals to the superior court shall be subject to de novo review and shall be heard within 72 hours, not including weekends and holidays.
Upon request, or upon order of the court, the public defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from capacity hearing determinations. In cases where the patient's representative on appeal is the public defender, a copy of the notice of the appeal shall be provided to the public defender.
5.Hearing officer qualifications and appointment.
Capacity hearings shall be conducted by a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer. All commissioners, referees, and hearing officers shall be appointed by the superior court from a list of attorneys unanimously approved by a panel composed of the local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program or of any facility designated by the county and approved by the department as a facility for 72-hour treatment and evaluation may serve as a hearing officer. All hearing officers shall receive training in the issues specific to capacity hearings.
(Adopted effective 7/13/92)
FORM 1
Santa Barbara County Mental Health
315 Camino Del Remedio
Santa Barbara, CA 93110
(805) 681-5244
(805) 681-4382 (FAX)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
In the Matter of )No.
)
)PETITION FOR A DETERMINATION
)OF INCOMPETENCE AND FOR AN
)ORDER AUTHORIZING
)INVOLUNTARY TREATMENT
)WITH MEDICATIONS
HEARING DATE:
TIME:
DEPT:
SANTA BARBARA COUNTY MENTAL HEALTH alleges:
I
_____________________ is a patient involuntarily committed to the SANTA BARBARA COUNTY PSYCHIATRIC HEALTH FACILITY pursuant to the provisions of the LPS ACT (Welfare and Institutions Code Sections 5000 et seq.).
II
Said patient is a person who, as a result of a mental disorder, requires commitment and care by the psychiatric staff of the above-referenced hospital. In conjunction with treatment, the physician in charge has determined that the patient is unwilling to accept antipsychotic and other medication voluntarily.
III
In order to effectuate an improvement or to stabilize the patient adequately, it is necessary to provide treatment with certain antipsychotic and other medications.
WHEREFORE, your Petitioner prays that the Court enter an order:
1. Determining that the patient is a person who is unable to give informed consent necessary for acceptance of medications, and;
2. That the medical staff of the SANTA BARBARA COUNTY PSYCHIATRIC HEALTH FACILITY be authorized to administer to said patient such medication involuntarily, and;
3. For such further relief as the Court deems just and proper.
IV
Petitioner affirms that at the time this petition is filed with the Superior Court, a copy of this petition has been provided to the person who is the subject of the petition and his or her advocate or counsel.
Date:____________________
Santa Barbara County Mental Health
BY ______________________________
Staff Psychiatrist
Santa Barbara County
FORM 2
Superior Court of the State of California
for the County of Santa Barbara
In the Matter of:)No.
)
)PETITION FOR DE NOVO REVIEW
)AND APPEAL FROM
)DETERMINATION OF
)INCAPACITY TO CONSENT TO
Patient/Respondent)TREATMENT (WIC Sec. 5332)
Hearing Date:
Time:
Department:
TO THE CLERK OF THE SUPERIOR COURT, TO THE SANTA BARBARA COUNTY MENTAL HEALTH FACILITY, AND TO THE COUNTY COUNSEL:
The patient/respondent named above has been found by a hearing officer to lack capacity to give informed consent to medical treatment and medications. Patient hereby appeals from that determination and requests a de novo review in Superior Court, pursuant to Welfare & Institutions Code, Section 5332.
DATED:
Respectfully Submitted,
_______________________
Patient/Respondent
