Santa Cruz Superior Court

Attorneys must electronically file evidentiary exhibits as a single PDF with a cover sheet and item index.

Evidence shall be efiled as a single PDF document with a cover sheet and index identifying the items.

Page 1 | Evidence Submission for Non-Criminal Trials and Evidentiary Hearings for Parties Appearing Remotely

A self-represented litigant may electronically file or submit evidence at the counter, but the submission must include a cover sheet and identify the manner in which a copy was provided to the other party.

Self-Represented Litigants: Evidence may be efiled or submitted over the counter and must include a cover sheet and a statement that a copy of the evidence was provided to the other party including how it was provided.

Page 1 | Self-Represented Litigants

Court reporter transcripts must be electronically filed in every case type.

Court reporter transcripts for all case types must be electronically filed.

Page 19 | Rule 1.3.01 Electronic Filing General

Electronic documents must be submitted through the Court's electronic service providers accessed through the identified court websites.

Electronically filled of documents shall occur through the Court’s electronic service provider(s) which is available on the Court’s website at www.santacruzcourt.org or www.efileca.com.

Page 19 | Rule 1.3.01 Electronic Filing General — Filing Service Provider

A party filing one document in multiple cases must electronically file it separately in every case.

Any party seeking to file a single document into multiple cases must e-file that document into each case. The clerk’s office will not place a document from one case into another on behalf of the party. It is the responsibility of the party to file separately for each case.

Page 21 | Division One -- General Rules

The preparing party must electronically lodge one searchable and readable administrative-record copy that complies with California Rule of Court 3.2207.

In accordance with California Rule of Court 3.2206 the party preparing the administrative record must lodge one copy of the record in an electronic format that is both searchable and readable and complies with California Rule of Court 3.2207.

Page 41 | Rule 2.11.02 Lodging of the Administrative Record

The requesting party must electronically file every request to place an urgent matter on calendar with the clerk, even if a judge signs the order first.

All such requests shall be e-filed with the clerk’s office by the requesting party even when a judge signs the order before it is e-filed.

Page 99 | Rule 5.1.16 Orders to Calendar

Electronic filing is required in the listed case types, with criminal and juvenile justice filing limited to subsequent filings.

Electronic filing is required for civil, family, probate, LPS, appellate, criminal (subsequent filings only), juvenile justice (subsequent filings only), and dependency case types.

Page 16 | Rule 1.3.01 Electronic Filing General

Court reporter transcripts must be electronically filed in every case type.

Court reporter transcripts for all case types must be electronically filed.

Page 16 | Rule 1.3.01 Electronic Filing General

Documents must be electronically filed through the electronic service provider identified on the Court's website.

Electronic filling of documents shall occur through the Court’s electronic service provider(s) which is available on the Court’s website at www.santacruzcourt.org or www.efileca.com.

Page 17 | Filing Service Provider

A party filing one document in multiple cases must electronically file it separately in each case because the clerk will not transfer or place the filing for the party.

Any party seeking to file a single document into multiple cases must e-file that document into each case. The clerk’s office will not place a document from one case into another on behalf of the party. It is the responsibility of the party to file separately for each case.

Page 18 | Filing Documents Intended for Multiple Cases

Exhibits in a format unsuitable for electronic filing must be submitted in the courtroom, and the submitting party must provide the equipment needed to view or present them.

Exhibits in a format that is not appropriate for electronic filing (i.e. CD/DVD/USB Drive) shall be submitted in the courtroom only. The submitting party shall be responsible for providing the necessary equipment to view/present the exhibits.

Page 18 | Digital Exhibits as Attachment to Electronically Filed Documents

Criminal trial documents for cases assigned to the Master Calendar must be filed electronically by noon on the day of the Master Calendar.

For cases that are sent to the Master Calendar, criminal trial documents must be electronically filed no later than 12 p.m. the day of the Master Calendar.

Page 19 | Rule 1.3.02 Electronic Filing Criminal Master Calendar

The party preparing an administrative record must lodge one searchable, readable electronic copy complying with California Rule of Court 3.2207.

In accordance with California Rule of Court 3.2206 the party preparing the administrative record must lodge one copy of the record in an electronic format that is both searchable and readable and complies with California Rule of Court 3.2207.

Page 38 | Rule 2.11.02 Lodging of the Administrative Record

The requesting party must e-file every urgent calendar request with the clerk's office, including a request previously signed by a judge.

All such requests shall be e-filed with the clerk’s office by the requesting party even when a judge signs the order before it is e-filed.

Page 95 | Rule 5.1.16 Orders to Calendar

A party may seek a court-ordered electronic-filing exemption by ex parte application for undue hardship, significant prejudice, or other good cause.

Documents ordered by the Court as exempt from electronic filing. A party may seek a court ordered exemption by ex parte application for reason of undue hardship, significant prejudice or other good cause.

Page 19 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Documents provisionally lodged under seal are exempt from mandatory electronic filing.

Documents lodged with the Court provisionally under seal pursuant to California Rule of Court 2.551.

Page 20 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Documents are exempt from mandatory electronic filing when the court so orders, and a party may request an exemption by ex parte application for undue hardship, significant prejudice, or other good cause.

Documents ordered by the Court as exempt from electronic filing. A party may seek a court ordered exemption by ex parte application for reason of undue hardship, significant prejudice or other good cause.

Page 17 | Exceptions to Electronic Filing

Documents provisionally lodged under seal are exempt from mandatory electronic filing.

Documents lodged with the Court provisionally under seal pursuant to California Rule of Court 2.551.

Page 17 | Exceptions to Electronic Filing

Electronic filings may be submitted 24 hours per day under California Code of Civil Procedure section 1010.6.

Electronic Filings can be filed 24 hours per CCP 1010.6

Civil cases

Page 1 | Filing Hours — Clerks Office

Electronic filing is optional but encouraged for documents filed by self-represented parties.

Documents presented for filing by a self-represented party. Although electronic filing is not mandatory for self-represented parties, they are encouraged to electronically file documents.

Page 19 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Electronic filing is encouraged rather than required for specified documents subject to jurisdictional time limits.

Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for JNOV, motions to quash service for personal jurisdiction, and petitions for writs. Although not required, electronic filing of these documents is encouraged.

Page 20 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Originals, subpoenaed documents, criminal bail bonds, and wills or codicils are exempt from mandatory electronic filing.

Original documents required for a proceeding, subpoenaed documents, criminal bail bonds, and wills and codicils (for filing or safekeeping).

Page 20 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Documents and reports from third-party providers or experts may be electronically filed at the provider's or expert's discretion unless a court order requires filing.

Documents and/or reports provided to the Court from third-party service providers or experts. These documents and reports may be e-filed at the discretion of the provider or expert unless otherwise ordered to e-file.

Page 20 | Rule 1.3.01 Electronic Filing General — Exceptions to Electronic Filing

Evidence in probate matters must be submitted to the court and served on all opposing parties seven court days before the hearing.

Probate 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Evidence in civil short-cause trials must be submitted to the court and served on all opposing parties seven court days before the hearing.

Civil Short Cause Trials 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

The stated submission and service deadlines apply to evidence offered by the listed types of trials and matters.

Evidence shall be submitted and served on opposing parties as follows:

Page 1 | Evidence Submission and Service Deadlines

Evidence in family-law matters must be submitted to the court and served on all opposing parties seven court days before the hearing.

Family Law 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Evidence in unlawful-detainer matters must be submitted to the court and served on all opposing parties five court days before the hearing.

Unlawful Detainers 5 court days prior

Page 1 | Evidence Submission and Service Deadlines

A party appearing remotely, or notified that an opponent will appear remotely, must provide evidence before the scheduled hearing.

Parties who have given notice that they intend to appear remotely or that have received notice of intent to appear remotely from an opposing party must provide evidence prior to the scheduled hearing date.

Page 1 | Evidence Submission for Non-Criminal Trials and Evidentiary Hearings for Parties Appearing Remotely

Evidence in small-claims matters must be submitted to the court and served on all opposing parties seven court days before the hearing.

Small Claims 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Filing items must be received by 5:00 PM.

Items must be received by 5:00 PM.

Civil cases

Page 1 | Filing Hours — Clerks Office

A qualifying electronic filing received by 11:59 p.m. on a court day is deemed filed that same court day.

Documents received by the Court for electronic filing at or prior to 11:59 p.m. on any court day, which otherwise satisfy all requirements for filing, will be deemed filed on that court day as provided in California Rules of Court 2.253(b)(6) and 2.259.

Page 20 | Rule 1.3.01 Electronic Filing General — Effective Date and Time of Electronic Filing

For cases assigned to the Master Calendar, criminal trial documents must be electronically filed by noon on the day of the Master Calendar.

For cases that are sent to the Master Calendar, criminal trial documents must be electronically filed no later than 12 p.m. the day of the Master Calendar.

Page 21 | Rule 1.3.02 Electronic Filing Criminal Master Calendar

Form SUPCR 321 must be filed in open court before the proceeding or with the court no later than five court days before the proceeding.

Form SUPCR 321 shall be filed in open court prior to the proceeding or no less than five (5) court days prior to the proceeding when filing with the court.

Page 22 | Rule 1.4.02 Appearances in Criminal Departments

The listed trial materials must be filed no later than noon on the day of the Calendar Call in long cause trials.

All proposed jury instructions, motions in limine, witness lists, exhibit lists, trial briefs, proposed jury voir dire/questionnaires, proposed statements of the case, and proposed special verdict forms shall be filed no later than 12 noon the day of the Calendar Call.

Page 27 | Rule 2.2.02 Long Cause Trials

In short cause trials, trial briefs are due at least five court days before the scheduled trial date.

For short cause trials, trial briefs are due at least 5 court days before the date set for trial.

Page 28 | Rule 2.2.06 Trial Briefs in Civil Cases

Responses to motions in limine must be filed at least two court days before the scheduled hearing, unless the assigned trial judge orders otherwise.

Responses to motions in limine must be filed at least 2 court days before the scheduled date for the hearing on motions in limine, or as ordered by the assigned trial judge.

Page 28 | Rule 2.2.02 Long Cause Trials

A petition to compromise a minor's claim must be filed at least ten days before the scheduled hearing.

Petitions for compromise of minor's claim under the Probate Code or under the Code of Civil Procedure § 372 and California Rule of Court 7.950, shall be filed with the Court at least ten (10) days before the scheduled hearing.

Page 30 | Rule 2.3.01 Petition

The joint statement on pending discovery issues must be prepared and lodged at least five court days before the informal discovery conference.

Counsel shall prepare and lodge a Joint Statement as to pending discovery issues at least five (5) court days prior to the informal discovery conference date.

Page 32 | Rule 2.4.04 Informal Discovery Conference: Civil Cases

If the demurrer is overruled, the motion to strike is denied, or the motion to strike is granted in part without leave to amend, the defendant has ten court days to file an answer.

Should the demurrer be overruled, the motion to strike be denied, or the motion to strike part of the complaint be granted without leave to amend, the defendant shall be granted ten court days to file an answer.

Page 33 | Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases

Objections to ex parte relief must be submitted to the Clerk’s Office and served on the requesting party as soon as possible after notice, and no later than 10:00 a.m. on the determination day.

Objections to the ex parte relief requested shall be submitted to the Clerk’s Office and served on the party making the ex parte request as soon as possible after notice is received, but no later than 10:00 a.m. the day of the ex parte determination.

Page 36 | Rule 2.9.01 Ex Parte Actions in General Civil Cases

Ex parte papers must be submitted to the Clerk’s Office by 3:00 p.m. on the preceding court day, in person for self-represented filers or by e-filing.

All ex parte papers shall be submitted to the Clerk’s Office no later than 3:00 p.m. the court day before the ex parte determination. Submission may be in person (if self-represented) or by efile.

Page 36 | Rule 2.9.01 Ex Parte Actions in General Civil Cases

Civil harassment, workplace violence, gun violence, and private postsecondary school violence prevention restraining-order requests must be filed with the Watsonville Clerk’s Office by 10:00 a.m. to be considered that day.

All Civil Harassment Prevention, Workplace Violence Prevention, Gun Violence Prevention and Private Postsecondary School Violence Prevention Restraining Order requests must be filed with the Clerk’s Office in Watsonville no later than 10:00 a.m. for the request to be considered that same day.

Page 37 | Rule 2.9.02 Ex Parte Restraining Order Requests

Ex parte paperwork should be submitted to the Clerk’s Office no later than 3:00 p.m. the court day prior to the ex parte determination. Paperwork will not be accepted earlier than two court days before the ex parte determination.

Ex parte paperwork should be submitted to the Clerk’s Office no later than 3:00 p.m. the court day prior to the ex parte determination. Paperwork will not be accepted earlier than two court days before the ex parte determination.

Page 39 | Ex Parte Paperwork

Petitioner must deliver the trial notebook at the later of 21 days before the hearing or the filing of the Reply Brief.

Petitioner shall prepare a trial notebook that must be delivered to the trial judge 21 days before the date of the hearing or at the time the Reply Brief is filed, whichever is later.

Page 42 | Rule 2.11.04 Trial Notebooks

Petitioner, with the responding parties, must prepare and submit the key administrative-record excerpts at the later of 21 days before the hearing or the Reply Brief filing.

Petitioner, in cooperation with the responding parties, must prepare a collection of the key Administrative Record for the use of the trial judge. The excerpts shall be submitted to the clerk of the court 21 days before the date of the hearing or at the time the Reply Brief is filed, whichever is later.

Page 42 | Rule 2.11.05 Administrative Record Excerpts

If only one party wants to continue a status conference, both parties must complete and file local form SUPFL 1034 no later than 10 days before the court date to report their case progress.

If one party wants to continue the status conference date and the other party does not, then both parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034 to inform the Court of the progress they have made in their case. This must be filed no later than 10 days before the court date.

Page 44 | Rule 3.1.06 Status Conference

Service of small-claims evidence on all opposing parties must be completed seven court days before the hearing.

Small Claims 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Service of probate evidence on all opposing parties must be completed seven court days before the hearing.

Probate 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Service of evidence in civil short-cause trials on all opposing parties must be completed seven court days before the hearing.

Civil Short Cause Trials 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

Service of unlawful-detainer evidence on all opposing parties must be completed five court days before the hearing.

Unlawful Detainers 5 court days prior

Page 1 | Evidence Submission and Service Deadlines

Service of family-law evidence on all opposing parties must be completed seven court days before the hearing.

Family Law 7 court days prior

Page 1 | Evidence Submission and Service Deadlines

The filing party must serve every other party with notice of the case-management conference date.

It is the responsibility of the filing party to serve all other parties with notice of the case management conference date.

Page 26 | DIVISION TWO - CIVIL RULES — Rule 2.1.01 Initial Contact

A cross-complainant must serve every cross-defendant with the initial Alternative Dispute Resolution Information Packet.

Cross-complainants shall serve all cross-defendants with a copy of the initial "ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKET” and shall serve notice of any other pending case management conference hearing date.

Page 26 | DIVISION TWO - CIVIL RULES — Rule 2.1.02 Cross Complaints

The original continuance request must be filed, a copy must be mailed or delivered to the other side, and the request must indicate that the copy was sent.

The original request must be filed with the Court. The moving party (requesting party) must mail or deliver a copy of the request to the other side. The original request will not be processed unless the requesting party indicates that a copy has been mailed or delivered to the other side.

Page 29 | Rule 2.2.07 Continuances of Trials

Demurrers and motions to strike served by personal service must be served at least five calendar days before the hearing.

Personal service - at least five calendar days prior to the hearing.

Page 33 | Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases

Demurrers and motions to strike served by express mail or overnight delivery must be served at least six calendar days before the hearing and be reasonably calculated to reach recipients no later than the close of business two court days before the hearing.

Express mail or overnight delivery - at least six calendar days prior to the hearing and reasonably calculated to ensure delivery to the other party or parties no later than the close of business two court days before the hearing.

Page 33 | Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases

Electronic service of demurrers and motions to strike is permitted when the recipient is represented by counsel or has filed consent, and must occur at least five calendar days before the hearing.

Electronic service - at least 5 calendar days prior to the hearing. Electronic service is authorized if the party being served is represented by counsel or a consent has been filed.

Page 33 | Rule 2.4.07 Calendaring Demurrers and Motions to Strike in Unlawful Detainer Cases

An objection to ex parte relief must be served on the other party by personal delivery, fax, or email, with proof of service submitted alongside the objection.

The objection must be served by personal delivery, fax, or email to the other party. Proof of service must be submitted with the objection.

Page 36 | Rule 2.9.01 Ex Parte Actions in General Civil Cases

The requesting party must provide the ex parte papers to the other party or the other party’s attorney by 3:00 p.m. on the preceding day, using personal delivery, fax, or email, and must submit proof of service.

A copy of the ex parte papers must be provided by the person requesting relief to the other party or their attorney no later than 3:00 p.m. the day before the ex parte determination. The papers may be delivered to the other party in person, by fax or by email. Proof of service must be submitted.

Page 36 | Rule 2.9.01 Ex Parte Actions in General Civil Cases

Notice to the opposing party or attorney must be given by 10:00 a.m. on the court day before the ex parte application is determined.

Notice must be given to the opposing party or their attorney prior to 10:00 a.m. the court day before the ex parte application will be determined by the court.

Page 37 | Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

The ex parte objection must be served on the other party by personal delivery, fax, or email, with proof of service submitted alongside it.

The objection must be served by personal delivery, fax or email to the other party. Proof of service must be submitted with the objection.

Page 39 | Opposition to Ex Parte Request

Before filing ex parte papers, the requesting person must provide a copy to the other party or their attorney, use personal delivery, fax, or email, and submit proof of service.

A copy of the ex parte papers must be provided by the person requesting relief to the other party or their attorney before submitting the paperwork to the court. The papers may be delivered to the other party in person, by fax or by email. Proof of service must be submitted.

Page 39 | Ex Parte Paperwork

The filing party must serve every other party with the Notice of the Status Conference date.

It is the responsibility of the filing party to serve all other parties with Notice of the Status Conference date.

Page 44 | Rule 3.1.05 Initial Status Conference

The ex parte moving papers must be provided to the other side by 3:00 p.m. on the day before the hearing, and may be delivered in person, by fax, or by email.

The person filing for the ex parte must provide a copy of the moving papers to the other side no later than 3 p.m. the day before the ex parte hearing. The papers may be delivered in person, by fax or by email.

Page 50 | Rule 3.1.13 Ex Partes in Family Law — Submitting Ex Partes

Summons service by publication or posting is permitted only when service cannot be accomplished under Code of Civil Procedure sections 415.10 through 415.40.

A petitioner may serve a summons by publishing or posting only if service cannot be effectuated as outlined by the Code of Civil Procedure § 415.10 through § 415.40.

Page 51 | Rule 3.1.14 Service by Publication or Posting for Summons

Service by posting may be ordered only when the petitioner is found indigent.

However, service by posting may be ordered only if the petitioner is found to be indigent.

Page 51 | Rule 3.1.14 Service by Publication or Posting for Summons

For a served Request for Order, the continuance request must be served on the other party or their attorney before filing, with proof of service using FL-303 or SUPFL 1104.

Before filing with the court, the other party or attorney for the other party must be served with a copy of the request in accordance with Family Law Ex Parte Local Rule 3.1.13 and a proof of service completed using either Judicial Council form FL- 303 or local form SUPFL 1104.

Page 52 | Rule 3.1.16 Request for Continuances

Within 24 hours after granting relief on an initial petition, modification, or termination, the clerk must transmit a file-endorsed restraining-order copy to the Sheriff's Department for entry into CLETS.

Issuance and Enforcement of Restraining Order: Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file endorsed copy of the order to the Santa Cruz County Sheriff's Department for input into CLETS (a statewide computerized registration system for restraining orders).

Page 54 | Rule 3.1.17 Domestic Violence Coordination Protocol — Issuance and Enforcement of Restraining Order

The printout of proposed findings must be served on the opposing party.

The printout must be served on the other side.

Page 55

All Court Investigator assessments must be paid before the court will sign an order settling the final account.

All assessments must be paid before the Court will sign an order settling the final account.

Page 80 | Rule 4.3.04 Assessments

The standard diversion restitution fee is $200 for a misdemeanor, subject to consideration of different amounts or waiver for compelling or extraordinary reasons under Penal Code § 1001.90.

The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90.

Page 97 | Rule 5.1.10 Miscellaneous Fees

All assessments must be paid before the court signs an order settling the final account, and prior assessment waivers are reviewed to determine ability to pay.

All assessments must be paid before the Court will sign an order settling the final account. All previous waivers of assessments will be reviewed at that time to determine the ability to pay.

Page 75 | Rule 4.3.04 Assessments

A $750.00 Court Investigator fee is imposed on the initial guardianship or conservatorship petition, with a $250 fee for each later investigation or review unless waived under the specified Probate Code provisions.

A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b).

Page 75 | Rule 4.3.04 Assessments

A $50 fee is imposed as a condition of setting aside a forfeited bail bond.

Once forfeited, a $50 fee will be imposed as a condition of setting aside the forfeiture.

Page 92 | Rule 5.1.07 Bail Bond Forfeiture

The applicant must bear all costs associated with processing the property bond.

All costs incurred to process the property bond must be borne by the applicant.

Page 93 | Rule 5.1.09 Personal Surety Bonds

The standard diversion restitution fee is $200 for a misdemeanor and $350 for a felony, subject to judicial adjustment or waiver for compelling or extraordinary reasons.

The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90.

Page 93 | Rule 5.1.10 Miscellaneous Fees

The application must include a counsel declaration explaining why an expert is reasonably necessary, with supporting facts rather than conclusory statements.

A declaration from counsel showing that an expert is reasonably necessary (conclusory statements without supporting facts are insufficient);

Page 93 | Rule 5.1.12 Expert Witness Fees

The application must break down the proposed expert costs, including the hourly fee and number of hours necessary.

A breakdown of the proposed costs, including fee per hour, number of hours necessary, etc.

Page 93 | Rule 5.1.12 Expert Witness Fees

An application for expert-witness fees must include the specifically listed supporting materials.

An application for fees to engage an expert witness must include:

Page 93 | Rule 5.1.12 Expert Witness Fees

Expert and additional-defense-fee applications must be numbered, include copies of all prior applications or the equivalent information in the declaration, and identify themselves as the first fee application when applicable.

Each application for an expert or additional defense fees must be numbered. Each application must attach copies of all prior applications in that case, whether granted or denied, or include in the declaration a statement containing this information. If it is the first application for fees, the application must so state.

Page 94 | Rule 5.1.12 Expert Witness Fees

An expert or additional-defense-fee application lacking the required items may be summarily denied.

An application submitted without these required items may be summarily denied.

Page 94 | Rule 5.1.12 Expert Witness Fees

The fee declaration must provide sufficient information to evaluate reasonableness and may not merely state that the proposed hourly rate is reasonable and average.

The declaration must contain information from which the County Criminal Defense Conflict Administrator may conclude that the proposed fees are reasonable. A conclusory statement such as “the proposed fee per hour is reasonable and the average” is not sufficient.

Page 94 | Rule 5.1.12 Expert Witness Fees

The application must include the defendant's completed SUPCR 1127 financial declaration showing inability to pay for the expert.

A financial declaration, using local form SUPCR 1127 Defendant Financial Eligibility Statement for Appointment of Counsel and Reimbursement, of the defendant showing the defendant’s inability to pay for the expert must be completed.

Page 94 | Rule 5.1.12 Expert Witness Fees

An application for an expert located more than 200 miles from the county must explain the efforts to retain a local expert and the necessity of using an out-of-area expert.

If an application is for an expert not located within a 200 mile radius of the county, the application must state the efforts made to retain a local expert and why an out-of-area expert is necessary.

Page 94 | Rule 5.1.12 Expert Witness Fees

Electronic filing providers may impose reasonable service-provider fees in addition to court filing fees.

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the Court.

Page 19 | Rule 1.3.01 Electronic Filing General — Fees

No filing fee is charged when the special needs trust instrument results from a petition to approve a minor's compromise claim under Probate Code section 3600 et seq.

No filing fee shall be charged for said filing if the trust instrument is the result of a petition filed to approve a minor’s compromise claim per Probate Code section 3600 et seq. (Gov. Code, § 70655.)

Page 92 | Rule 4.5.01 General Procedures for Special Needs Trusts

For an expert on the court appointment list, the declaration requirement does not apply, and the court will use hourly rates consistent with its preapproved rates.

If the proposed expert is on the court appointment list, this section will not apply and hourly rates consistent with any preapproved rates established by the Court will be utilized;

Page 98 | Rule 5.1.12 Expert Witness Fees

The clerk may determine ability to pay and apply the court-established reduction rate in MyCitations for litigants who attest to receiving public benefits; a denied reduction may be challenged at a court hearing before a judicial officer.

A clerk of the court may make ability-to-pay determinations as authorized in government Code 68645.3(e) when a litigant attests that they receive public benefits, including those listed in subdivision (a) of section 68632. The clerk shall adhere to the court-established rate when making reductions in the MyCitations online tool for individuals who receive public benefits. The litigant may request a court hearing in front of a judicial officer if the clerk of the court denies the reduction portion of the request.

Page 99 | Rule 5.1.15 Ability to Pay (ATP) Authority for Clerk

Electronic filing service providers may charge reasonable fees in addition to court filing fees.

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the Court.

Page 17 | Fees

A party covered by a court fee waiver or a court order waiving fees is exempt from electronic-filing fees and costs.

Any party who has received a fee waiver from the Court, or who has otherwise obtained an order of the Court waiving such fees, is exempt from the fees and costs associated with electronic filing.

Page 17 | Fees

Jury fees must be paid as provided by Code of Civil Procedure sections 631 et seq.

Jury fees are to be paid as provided in Code of Civil Procedure §§ 631 et seq.

Page 24 | Rule 2.2.02 Long Cause Trials

A $750 Court Investigator fee applies to the initial guardianship or conservatorship petition filing, and a $250 fee applies to each later investigation or review, subject to the specified statutory waivers.

A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b).

Page 80 | Rule 4.3.04 Assessments

Each party must submit two copies of the proposed jury instructions.

Each party must submit two copies of the proposed jury instructions.

Page 92 | Rule 5.1.06 Jury Trials

The CASA Program must provide courtesy copies of required court reports and documents through the online court portal within two days after the applicable court hearing.

The CASA Program will proofread, sign and submit all required Court reports and documents via the online Court portal system and provide a courtesy copy in the Court portal system to County Counsel, Parents Counsel, Minors Counsel, and Family and Children’s Services Social Worker(s) within two days of the Court hearing for which the report was prepared. For youth designated as a non-minor dependent, reports will be provided to Counsel for the non-minor dependent and County Counsel;

Page 104 | Rule 6.3.02 Child Advocates

The CASA Program must provide courtesy copies of required court reports and documents through the online court portal within two days after the related hearing.

The CASA Program will proofread, sign and submit all required Court reports and documents via the online Court portal system and provide a courtesy copy in the Court portal system to County Counsel, Parents Counsel, Minors Counsel, and Family and Children’s Services Social Worker(s) within two days of the Court hearing for which the report was prepared. For youth designated as a non-minor dependent, reports will be provided to Counsel for the non-minor dependent and County Counsel;

Page 108 | Rule 6.3.02 Child Advocates

The Court may order paper courtesy copies of documents filed electronically.

The Court may order the delivery of paper courtesy copies of electronically filed documents.

Page 18 | Courtesy Copies

Counsel and parties are solely responsible for redacting personal identifiers and privileged or confidential information, and the court may sanction violations.

The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties. The clerk will not review pleadings or other documents for compliance with the law. The court may impose sanctions for violation of these requirements.

Page 20 | Rule 1.3.01 Electronic Filing General — Redaction of Confidential Information is the Filer’s Responsibility

Counsel and parties alone must redact personal identifiers and privileged or confidential information; the clerk will not review documents for redaction compliance, and the court may sanction violations.

The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties. The clerk will not review pleadings or other documents for compliance with the law. The court may impose sanctions for violation of these requirements.

Page 18 | Redaction of Confidential Information is the Filer’s Responsibility

Criminal-case in limine motions may be combined into one PDF, subject to file-size limitations, or filed separately.

Notwithstanding Rule 5.1.06 in limine motions for criminal cases may be combined in a single Portal Document Format (PDF) (subject to file size limitations) or e-file separately.

Page 21 | Division One -- General Rules

Criminal-case in limine motions may be combined into one PDF or e-filed separately, subject to file-size limitations.

Notwithstanding Rule 5.1.06 in limine motions for criminal cases may be combined in a single Portal Document Format (PDF) (subject to file size limitations) or e-file separately.

Page 19 | In Limine Motions

Multiple in limine motions may optionally be combined into one electronically filed document.

In limine motions may be electronically filed as one document.

Page 25 | Motions in Limine

A party may request expedited consideration when time urgency exists.

A request to expedite the matter may be made if a time urgency exists.

Page 68 | Rule 4.1.08 Ex Parte Matters – Probate

A stipulated case-management conference continuance requires form SUPCV 1014, a good-cause declaration, and a proposed order filed at least 10 calendar days before the conference; it may be granted only for good cause, is limited to one continuance per case, and may extend the conference by no more than two months.

Parties requesting a stipulated continuance of a case management conference must submit a written application on local form SUPCV 1014, Application and Stipulation for Order to Continue for Order to Continue Mediation Hearing and/or Case Management Conference, supported by a declaration showing good cause and a proposed order for the Court's signature. The application shall be filed with Court no later than ten (10) calendar days before the conference. The order shall be granted only upon a finding of good cause. Only one such continuance shall be allowed per case and the case management conference shall not be continued more than two months.

Page 26 | DIVISION TWO - CIVIL RULES — Rule 2.1.03 Continuances of Case Management Conference

A party seeking a non-stipulated case-management conference continuance must file a noticed motion and set a hearing date as required by the referenced procedure.

Other requests for continuance: Parties requesting a non-stipulated continuance of a case management conference must file a noticed motion and set a hearing date pursuant to

Page 26 | DIVISION TWO - CIVIL RULES — Rule 2.1.03 Continuances of Case Management Conference

A continuance application must include a declaration and may be granted only upon a finding of good cause.

The application must be supported by a declaration, and the order shall be granted only upon the finding of good cause.

Page 27 | Rule 2.1.03

A traffic or minor violation continuance request must be received fifteen days before the hearing.

The request must be received by the Court fifteen days prior to the hearing.

Page 29 | Rule 2.2.07 Continuances of Trials

A traffic or minor violation trial continuance request must be written and copied to the opposing side.

If you are unable to present your case on the date ordered for trial in traffic/minor violation court, a continuance must be requested as follows: The request must be in writing, copied to the other side.

Page 29 | Rule 2.2.07 Continuances of Trials

A non-stipulated trial continuance requires a noticed motion with a hearing date, a supporting declaration, and a finding of good cause.

Parties requesting a non-stipulated continuance of a trial must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the request shall be granted only upon a finding of good cause.

Page 29 | Rule 2.2.07 Continuances of Trials

A stipulated trial continuance must be filed at least ten days before trial, is approved only upon a finding of good cause, is limited to one per case, and may not extend a short-cause trial by more than two months.

The request shall be filed no later than ten (10) days before the date set for trial. The request shall be granted judicial approval only upon a finding of good cause. Only one such continuance shall be allowed per case. A short cause trial shall not be continued more than two months.

Page 29 | Rule 2.2.07 Continuances of Trials

A stipulated continuance request must be submitted by the moving party through the Clerk's Office by telephone or email.

Requests for continuances based on stipulation by the parties must be made by the moving party by calling the Clerk's Office (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Page 31 | Rule 2.4.02 Requests for Continuances

When both parties agree to move or continue a status conference because they are in mediation, they must file local form SUPFL 1013 no later than 10 days before the court date; the Court ordinarily will not grant more than a four-month continuance.

If the parties would like to move their status conference date or continue the date because they are in mediation this joint request needs to be made on the Stipulation and Application for Order to Change Status Conference, local form SUPFL 1013. This needs to be filed no later than 10 days before the court date. In most circumstances the Court will not grant more than a four month continuance.

Page 44 | Rule 3.1.06 Status Conference

The Court will not continue a matter set for trial unless there is good cause.

It is the policy of the Court not to continue matters set for trial without good cause.

Page 45 | Rule 3.1.07 Trial Continuances

A stipulated trial-continuance request must include SUPCV 1013, a declaration stating the cause and a trial time estimate, and be submitted at least ten calendar days before the trial; a stipulation alone is insufficient.

Any stipulated request for such continuance must be accompanied by local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, with a declaration of cause. A stipulation alone is not sufficient to obtain a continuance. To be considered the declaration must also contain a time estimate for trial. Such a request must be submitted at least ten calendar days prior to the trial sought to be continued.

Page 45 | Rule 3.1.07 Trial Continuances

A rescheduling request must be filed with the clerk at least five court days before the settlement conference by using a stipulation and order on mandatory Local Form SUPFL 501.

Requests to reschedule a settlement conference date shall be done by filing a stipulation and order with the clerk at least five court days prior to the settlement conference date using mandatory Local Form SUPFL 501.

Page 47

Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date.

Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date.

Page 47

A continuance request and proof of service must be submitted at least five court days before the hearing date originally set on the Request for Order.

Time for submitting request: In accordance with California Rule of Court 5.95(d)(1)(A)(iv), the request for continuance and proof of service must be submitted to the court no later than 5 court days prior to the hearing date originally set on the request for order.

Page 52 | Rule 3.1.16 Request for Continuances

A previously filed Request for Order may be continued by agreement using Judicial Council form FL-308; absent agreement, the court’s continuation process applies.

A request to continue a previously filed Request for Order may be made by agreement of the parties by completing and filing Judicial Council form FL-308 Agreement and Order to Reschedule Hearing or if there is no agreement the process outlined below.

Page 52 | Rule 3.1.16 Request for Continuances

A party unable to request a continuance in accordance with subsection (b) must appear on the scheduled hearing date and make an oral continuance request.

Untimely Request: If the request is unable to be made in accordance with (b) the party asking to reschedule shall appear in court on the scheduled hearing date to make an oral request for a continuance in accordance with California Rule of Court 5.95(d)(1)(B).

Page 53 | Untimely Request

Court-set compliance and status hearings may be continued only by the judge in open court on the original date, with a written formal declaration filed ten court days before the hearing.

Matters set by the Court, such as compliance hearings and status hearings, can be continued only by the judge in open court on the date originally set. Continuances for these matters can be requested in writing by filing a formal declaration with the Court ten court days before the hearing.

Page 73 | Rule 4.2.09 Continuances

A continuance requires a showing of good cause and may be granted only for the period shown to be necessary.

Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary.

Page 106 | Rule 6.2.09 Procedures in Contested Matters

A continuance may not be granted when it would be contrary to the minor’s interest.

No continuance shall be granted that is contrary to the interest of the minor.

Page 106 | Rule 6.2.09 Procedures in Contested Matters

A judicial-mediation continuance request filed fewer than ten days before the scheduled mediation will be denied absent good cause, and the request must include local form SUPCV 1013 and a separate declaration.

Continuance of judicial mediation is disfavored. Absent good cause, any request for continuance filed less than ten days before the scheduled mediation date will be denied. Local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, and a separate declaration will be required for consideration of a request for continuance.

Page 110 | Rule 7.1.02 Judicial Mediation

A stipulated continuance requires a written SUPCV 1014 application, a good-cause declaration, and a proposed order filed no later than 10 calendar days before the conference; only one continuance is allowed and it may not exceed two months.

Parties requesting a stipulated continuance of a case management conference must submit a written application on local form SUPCV 1014, Application and Stipulation for Order to Continue for Order to Continue Mediation Hearing and/or Case Management Conference, supported by a declaration showing good cause and a proposed order for the Court's signature. The application shall be filed with Court no later than ten (10) calendar days before the conference. The order shall be granted only upon a finding of good cause. Only one such continuance shall be allowed per case and the case management conference shall not be continued more than two months.

Page 23 | Rule 2.1.03 Continuances of Case Management Conference

A non-stipulated continuance requires a noticed motion, a hearing date under the governing court rules, and a supporting declaration, and is granted only upon a finding of good cause.

Parties requesting a non-stipulated continuance of a case management conference must file a noticed motion and set a hearing date pursuant to court rules governing hearings. The application must be supported by a declaration, and the order shall be granted only upon the finding of good cause.

Page 24 | Rule 2.1.03 Continuances of Case Management Conference

A traffic or minor-violation trial continuance request must be written, copied to the other side, received fifteen days before the hearing, and include the stated time-waiver language when applicable; otherwise the matter may proceed without the requesting party.

If you are unable to present your case on the date ordered for trial in traffic/minor violation court, a continuance must be requested as follows: The request must be in writing, copied to the other side. If requested by the defendant and it is a time not waived trial, the request must state “time is waived.” The request must be received by the Court fifteen days prior to the hearing. If this procedure is not followed, or if the action is not timely, the matter may be heard in the absence of the requesting party.

Page 26 | Rule 2.2.07 Continuances of Trials — Traffic/Minor Violation Court

For a video-shared exhibit, the video link must be emailed to all parties and the court before the hearing, with the case number and hearing date in the subject line, using civilinfo@santacruzcourt.org for civil matters.

Once the video has been uploaded a link to the video shall be submitted as follows: o Emailed to all parties and the court prior to the hearing. Make sure to include in the subject line your case number and hearing date. Court email addresses by case type:  Family Law and ALL restraining orders familylawinfo@santacruzcourt.org  Small Claims smallclaimsinfo@santacruzcourt.org  Civil, Unlawful Detainers, and Probate civilinfo@santacruzcourt.org

Civil cases

Page 1 | 1. Video-Sharing platform

A party seeking a civil ex parte determination must telephone the civil clerk at (831) 420-2200 before 11:00 AM on the preceding court day.

You must contact the civil clerk’s office by telephone at (831) 420-2200 before 11:00 am the COURT day before you would like an ex parte determination.

Civil cases

Page 1 | Civil Division

The moving party may request a stipulated continuance by telephone to the Clerk's Office.

Requests for continuances based on stipulation by the parties must be made by the moving party by calling the Clerk's Office (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Page 31 | Rule 2.4.02 Requests for Continuances

The hearing date for any law and motion or default matter must be cleared with the Clerk's Office by telephone or email.

Before any law and motion or default matter is set, the hearing date must be cleared with the Clerk's Office by calling (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Page 31 | Rule 2.4.01 Setting Hearings

A party seeking ex parte relief must notify the Clerk’s Office of the intended submission by 11:00 a.m. on the preceding court day, either in person or by telephone.

Notice to Court: The party seeking ex parte relief must notify the court of their intent to submit an ex parte application either in-person or by calling the Clerk’s Office at (831) 420-2200 by 11:00 a.m. on the court day before the ex parte determination.

Page 36 | Rule 2.9.01 Ex Parte Actions in General Civil Cases

A party seeking ex parte relief must notify the court in person or by calling the Clerk’s Office at (831) 420-2204 by 11:00 a.m. on the court day before determination.

The party seeking ex parte relief must notify the court of their intent to submit an ex parte application in-person or by calling the Clerk’s Office at (831) 420-2204 no later than 11:00 a.m. the court day before the ex parte determination.

Page 37 | Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

A party seeking oral argument must notify the court and all opposing parties by 4:00 p.m. on the court day before the hearing.

If a party wants to present oral argument, pursuant to Rule 3.1308, the party must contact the court at (831) 420-2483 and all opposing parties by 4:00 p.m. of the court day preceding the scheduled hearing.

Page 40 | Rule 2.10.01 Civil Tentative Rulings — Appearance and Oral Argument

Before setting any law-and-motion or default matter, counsel must clear the hearing date with the Clerk's Office by telephone at (831) 420-2204 or by email at civilinfo@santacruzcourt.org.

Before any law and motion or default matter is set, the hearing date must be cleared with the Clerk's Office by calling (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Page 28 | Rule 2.4.01 Setting Hearings

A stipulated continuance request must be submitted by the moving party by telephone or email to the Clerk's Office.

Requests for continuances based on stipulation by the parties must be made by the moving party by calling the Clerk's Office (831) 420-2204 or emailing civilinfo@santacruzcourt.org

Page 29 | Rule 2.4.02 Requests for Continuances

The party seeking ex parte relief must notify the court in person or by calling the Clerk’s Office at (831) 420-2204 by 11:00 a.m. on the court day before determination.

The party seeking ex parte relief must notify the court of their intent to submit an ex parte application in-person or by calling the Clerk’s Office at (831) 420-2204 no later than 11:00 a.m. the court day before the ex parte determination.

Page 35 | Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

Final recommendations must be provided in writing to all parties and their attorneys at the same time.

Final recommendations shall be made available in written form to all parties and their attorneys simultaneously.

Page 55 | Rule 3.3.04 Communication

Attorneys and parties may not seek an investigator's or custody counselor's final recommendations before the final report is released.

No attorney or party shall request information regarding final recommendations from any investigator or custody counselor prior to the release of the final report.

Page 55 | Rule 3.3.04 Communication

Documents and pleadings may be sent or provided to an evaluator only if the evaluator requests them.

No documents or pleadings shall be sent or provided to any evaluator unless requested by the evaluator.

Page 55 | Rule 3.3.04 Communication

Writings submitted to an investigator or custody counselor must also be provided to the opposing counsel or party in a timely manner.

All writings provided to the investigator or custody counselor by one attorney or party shall be provided to the opposing counsel or party in a timely fashion.

Page 55 | Rule 3.3.04 Communication

An attorney or party may contact an investigator or custody counselor only in the presence of the opposing counsel or party, or in writing.

No attorney or party shall contact the investigator or custody counselor unless in the presence of the opposing counsel or party or in writing.

Page 55 | Rule 3.3.04 Communication

Investigators and custody counselors may not accept ex parte communications from counsel or any party.

No investigator or custody counselor may accept ex parte communication from counsel or any party.

Page 55 | Rule 3.3.04 Communication

An investigator or custody counselor may not disclose final recommendations separately to either party or the party's attorney.

No investigator or custody counselor shall divulge final recommendations to either party or their attorney, separately.

Page 55 | Rule 3.3.04 Communication

Questions about video evidence for an upcoming trial or evidentiary hearing should be submitted to the appropriate court department by email before the hearing.

If you have questions regarding video evidence submission for your upcoming trial or evidentiary hearing please reach out to the appropriate department prior to your hearing. You can contact the correct department using the email addresses listed above.

Civil cases

Page 1 | Video Evidence Presentation in the Courtroom

A party with an item that cannot be converted to electronic form should contact the clerk's office for filing instructions.

If you have an item that is cannot be converted, please contact the clerk’s office for direction.

Page 1 | Evidence Submission for Non-Criminal Trials and Evidentiary Hearings for Parties Appearing Remotely

If the normal ex parte timeline cannot be met before the lockout date, the party may notify the court by 11:00 a.m. on the day of the ex parte determination.

If the normal ex parte timelines cannot be met before the scheduled lockout date listed on the Sheriff’s Notice, you may notify the court of your intent to submit an ex parte application no later than 11:00 a.m. the day of the ex parte determination.

Page 38 | Rule 2.9.03 Ex Parte Requests in Unlawful Detainers

Counsel or a self-represented petitioner seeking a temporary-conservator or guardian appointment must email or call the Probate Attorney to schedule the ex parte determination, based on required notice and investigation.

Counsel or the self-represented petitioner shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte determination, which date will be based on notice and any court investigation required for the ex parte determination.

Page 68 | Rule 4.1.08 Ex Parte Matters – Probate

Counsel or a self-represented petitioner seeking a temporary-conservator or guardian appointment, or a temporary conservatee's residence change, must email or call the Probate Attorney to schedule the determination.

Counsel or the self-represented petitioner seeking to file an ex parte petition for appointment of temporary conservator/guardian or an ex parte petition to change the residence of a temporary conservatee shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte determination, which date will be based on notice and any court investigation required for the ex parte determination.

Page 68 | Rule 4.1.08 Ex Parte Matters – Probate

Counsel or a self-represented petitioner may schedule an ex parte determination other than a temporary conservator or guardian appointment by emailing probate@santacruzcourt.org or calling 831-420-2200.

For all ex parte applications other than petitions for appointment of temporary conservators/guardians: Counsel or the self-represented petitioner shall email the Court’s Probate Attorney at probate@santacruzcourt.org or call 831-420-2200 to schedule a date for the ex parte to be determined and submit the paperwork by 10 a.m. the court day before the intended ex parte determination.

Page 64 | Rule 4.1.08 Ex Parte Matters – Probate