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At the Advocates' Society Policy Forum in March 2. It was noted that this is often. Accordingly. considerable support was expressed for having the judiciary. In the Court of Appeal's decision in R. Felderhoff, Justice Rosenberg commented on the important. Relying on the court's inherent jurisdiction to control its own. I]t would undermine the administration. Although Felderhoff was a criminal trial, in my view. Rosenberg J. A.'s reasons apply with equal force, or more, to. No rule amendments are required for a trial. In addition, rules 5. Efficiencies at trial may also be achieved by having the. Pre- trial judges often. The pre- trial judge may have. Continuity by the same judicial official. However, under rule 5. I recognize that this rule is intended to protect settlement. In complex cases, it may be advisable. In any event, I recommend that. Virtually all those. Having the trial judge involved. One trial management issue – bifurcation –. The power to order issues in an. Rules of Civil Procedure. The power. to order bifurcated proceedings appears to exist as part of the. In the leading case, the. Court of Appeal held that it is a “basic right” of a. In. a later case, Bourne v. Saunby, the Ontario Court. General Division) listed fourteen criteria that the court should. The catalogue of factors set. Bourne, though not an exhaustive list, is. A decision of the Divisional Court suggests. While I view bifurcation to be the exception, cost. In commercial litigation, for example, when dealing with damages. Upon the determination of. This can result in a significant savings of. It would also be of. There is no doubt that bifurcation can delay the. Where. these concerns apply, a bifurcation order should not be made. The Civil Rules Committee should consider prescribing, at. In the end, the court's discretion in making. Recommendations (Pre- trials and Trial. Management)Amend rule 5. Judges skilled in negotiation and with expertise in the. Parties (or those with settlement authority) should be. Pre- trial judges should make any necessary trial management. Each region should adopt an administrative practice. Toronto, for scheduling. Assignment. Court. Tentative trial dates should be confirmed at the. Pre- trials should be scheduled within four to six months of. The judiciary should be encouraged to use their inherent. Amend rule 5. 0. 0. The Civil Rules Committee should consider addressing. Any rule. permitting bifurcation could reference some or all of the 1. Bourne v. Saunby. Superior Court of the County of Santa Barbara - Divisions. These local Court Rules (“local rules”) are adopted pursuant to Code of Civil Procedure section 5. California Rules of Court (“CRC”) 1. Government Code sections 6. Amended effective 0. These local rules may be amended only upon a majority vote of the judges present at any noticed regular or special meeting of the judges of the Superior Court of Santa Barbara County (“Court”). Amended effective 0. If any counsel, a party represented by counsel, or a self- represented litigant fails to comply with any of the requirements of these local rules, a judge, on motion of a party or on his or her motion, may (1) strike all or any part of any pleading of that party, (2) dismiss the action or proceeding or any part thereof, (3) enter a judgment by default against that party, or (4) impose other penalties of a lesser nature as otherwise provided by law, and may order that party and counsel to pay to the moving party reasonable expenses associated with the motion, including reasonable attorney fees. No penalty may be imposed under this rule without prior notice and an opportunity to be heard, by the party against whom the sanction is sought to be imposed. CCP sections 1. 77. If failure to comply with these local rules is the responsibility of counsel and not the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto.(Amended effective 0. The jurisdiction of the Court’s geographic regions is specified by Article VI, sections 4 and 5 of the Constitution of the State of California ; ordinances adopted by the Santa Barbara County Board of Supervisors, and by these local rules.(Amended effective 0. For the purpose of these local rules, it shall be assumed that Santa Barbara County has been divided geographically into two separate regions hereinafter referred to as ''South County'' and ''North County.'' The portion of Santa Barbara County southerly and easterly of the following described line constitutes “South County”; “Beginning at the intersection of the west bank of Gaviota Creek and the mean high tide line of the Pacific Ocean; northerly to intersection with the westerly right- of- way line of U. S. Highway 1. 01; northerly along the westerly right- of- way line of U. S. Highway 1. 01 to the south bank of the Santa Ynez River; easterly along the south bank of said river to the westerly right- of- way line of Happy Canyon Road and Figueroa Mountain Road; northerly and northeasterly along said right- of- way line to the boundary line between Township 8 North and Township 7 North; and easterly along said boundary line to the Ventura County line, including the islands of Anacapa, San Miguel, Santa Rosa, and Santa Cruz.” The remainder of Santa Barbara County constitutes "North County." This geographic division is coterminous with the jurisdictional boundaries dividing the former Santa Barbara Municipal Court District and the former North Santa Barbara County Municipal Court District. A map depicting this geographic division is contained in “Appendix 1” of these local rules.(Amended effective 0. For the purpose of these local rules, the following are designated as the divisions of the Court: Santa Maria, Lompoc, Solvang, Santa Barbara, Juvenile and Appellate. Adopted 0. 7- 0. 1- 0. When, under California law, "North County" would be a 'proper county' for venue purposes, all filings for such matters shall be in the appropriate division of the Clerk’s office in North County . All other filings shall be made in the Clerk's office in the appropriate division of the Court in South County . Any filing erroneously made in a division of the Court may be transferred to the appropriate division upon motion of any party or on the court’s own motion upon a showing of good cause. Amended effective 0. The proper venue for filing documents will ordinarily, but not necessarily determine the Court location where any case will be heard. Notwithstanding the proper filing venue, and subject to procedures established by the Court , any document intended to be filed for consideration by any division may be delivered to the Clerk’s office in any other division , provided that the document is legally acceptable for filing and in addition to any other requirements for document caption(s) , the first page of the document clearly and prominently displays the name of the proper Court filing venue location. Documents delivered to divisions other than the proper filing venue are accepted only for the purpose of subsequent filing by the Clerk in the division of the proper venue, and will bear a filing date one day later. For purposes of this local rule, the date of deposit of documents transmitted by mail or telefax is the date of receipt by the Clerk. Amended effective 0. Regular meetings of the judges of the Court shall be called periodically by the Presiding Judge or by the Assistant Presiding Judge. Special meetings of the judges may be called by the Presiding Judge, or Assistant Presiding Judge, or by a majority vote of the judges of the Court. Meetings of the judges of either region of the Court may be called by the Presiding Judge or Assistant Presiding Judge or by any two judges of a region. Amended effective 0. The Presiding Judge and an Assistant Presiding Judge of the Court shall be elected by a secret ballot majority vote of all judges of the Court at a September meeting. The Presiding Judge shall be selected from one region and the Assistant Presiding Judge shall be selected from the other region. The term of office for these positions shall be concurrent and shall be for a period of two calendar years. Upon completion of the term , the Assistant Presiding Judge shall succeed the Presiding Judge for a full two- year term. Amended effective 0. A judge’s vacation day is defined as. Court for one full business day. A request for vacation time or other absence from the Court shall be submitted to the Presiding Judge or a designee with reasonable advance notice. Absences from the court to attend an authorized education program, conference, or workshop or to participate in Judicial Council or other authorized committees or community outreach activities, is not considered vacation time if prior approval has been granted by the Presiding Judge or a designee. A judge may take two personal leave days per year subject to prior approval by the Presiding Judge or a designee.(Amended effective 0. The judges of the Court may appoint an Executive Officer, who shall also serve as Clerk of the Court (“Clerk”) and as Jury Commissioner, and who shall continue to serve at the pleasure of a majority of the judges of the Court. The duties of Executive O fficer are prescribed by CRC 1. Amended 0. 7- 0. 1- 0. Adopted 0. 7- 0. 1- 9. The Executive Officer shall prepare and submit a Superior Court Personnel “Plan” to the judges of the Court for approval. The Plan, when adopted by a majority of the judges, shall apply to all Court employees, and the judges shall follow such Plan in all dealings with Court employees, except where inconsistent with California and federal statutes and the CRC, in which event the statutes and CRC shall be controlling. Amended effective 0. Applicability] This rule applies to all subordinate judicial officers as that term is defined by CRC 1. Submission and Content] Complaints against subordinate judicial officers must be in writing and must be submitted to the Presiding Judge . To be considered a complaint, the writing must contain the name, mailing address and telephone number of the complainant, and the name of the subordinate judicial officer against whom the complaint is made. The complaint must also state whether the complaint is about (1) the content or resulting effect of a decision or ruling, (2) or the exercise of judicial or administrative discretion by the subordinate judicial officer , or (3) whether the complaint is about other actions or conduct of the officer. The complaint must include a statement of the specific action or conduct by the subordinate judicial officer that is the basis for the complaint and the approximate date that the action was taken or conduct occurred. |
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November 2017
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