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San Benito County, CA
Every published instrument scoped to San Benito County, newest effective date first. 0 circuit-wide and 13 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
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The court's weekly calendar schedule effective 7/1/2026: Department 1, Hon. J. Omar Rodriguez (Presiding Judge) - Monday conflict hearings (every other week), probate, adoptions, CARE Court and juvenile dependency (W&I 300), Tuesday restraining order hearings, Wednesday family law, Thursday 1:30pm civil unlimited case management conferences and law & motion, Friday bench trials; Department 2, Commissioner Page B. Galloway - Monday traffic trials and traffic walk-ins, Tuesday pre-trial conferences (as needed), Thursday child support (every other week), Friday settlement conferences and small claims, limited civil and unlawful detainer; Department 3, Hon. Patrick K. Palacios (Assistant Presiding Judge) - the early resolution, trial readiness and conflict calendars and juvenile justice (W&I 602) on Mondays, pre-trial conferences, collaborative courts, arraignments, the felony criminal calendars, preliminary hearings, bench trials, contested hearings, motions and last dayers. The posted case calendars are prepared seven to ten days before an appearance and may change.
Chapter 1 (General Rules; Rules 1.1 to 1.9): the local rules apply to all matters filed in the court and supplement the statutes and the California Rules of Court (Rules 1.1 and 1.2); unification (Rule 1.3); abbreviations (Rule 1.4); smoking, e-cigarettes included, prohibited in all court facilities (Rule 1.5); electronic devices silenced before entering a courtroom, no photographing, recording or broadcasting without advance permission from the judge or commissioner (Rule 1.6); photographing, recording and broadcasting in the courthouse, governed by CRC 1.150, with media coverage requested on mandatory Judicial Council form MC-500 (Rule 1.7); peace officer use of body-worn cameras in the courthouse (Rule 1.8); and electronic signatures by a judge or commissioner (Rule 1.9).
Chapter 10 (Rules 10.1 to 10.14): requests for copies (Rule 10.1); consolidation (Rule 10.2); the repealed facsimile rule and Rule 10.3, Responsibility for Content Generated Using Artificial Intelligence - users of generative AI remain fully responsible for the accuracy of facts and legal authorities, and misuse may result in sanctions (Rule 10.3); substitution and withdrawal of counsel (Rule 10.4); the attorney fee schedule on default judgments, $250 for the first $1,000 (Rule 10.5); family law judgments (Rule 10.6); cases removed to federal court (Rule 10.7); arbitration, an arbitrator assigned within thirty (30) calendar days (Rule 10.8); mediation (Rule 10.9); interpreters (Rule 10.10); court reporting services - the matters with an official court reporter, those without, private reporters, and fee waiver requests on FW-020 at least ten (10) calendar days ahead (Rule 10.11); tentative rulings for civil law and motion, probate and family law, available by 3:00 p.m. on the court day before the hearing (Rule 10.12); electronic filing, mandatory for covered cases beginning January 1, 2023, through an eFiling Provider, text-searchable PDF with electronic bookmarks, documents received by 11:59 p.m. deemed filed that court day (Rule 10.13); and remote appearances in civil cases on Zoom (Rule 10.14).
Chapter 11 (Rules 11.1 to 11.17): the family law and motion calendar and the meet and confer requirement (Rule 11.1); financial issues - a current Income and Expense Declaration and documents exchanged five (5) court days before the hearing (Rule 11.2); hearing dates, preliminary disclosures on FL-141, the calendar call and special sets over 30 minutes (Rule 11.3); motions and orders to show cause, tentative rulings and remote appearances (Rule 11.4); orders after hearing (Rule 11.5); child and spousal support (Rule 11.6); restraining orders on the CLETS form (Rule 11.8); child custody and visitation (Rule 11.9); court-appointed investigators and evaluators, the report generally due within sixty (60) court days (Rule 11.10); mediation of custody and visitation through Family Court Services (Rule 11.11); the family law facilitator (Rule 11.12); the child support commissioner (Rule 11.13); the co-parenting course, the Judicial Council's online “Parenting After Separation” (Rule 11.14); the communication protocol for domestic violence and custody orders (Rule 11.15); supervised visitation providers' FL-324(P) and FL-324(NP) declarations (Rule 11.16); and family law settlement conferences (Rule 11.17).
Chapter 13 (Rules 13.1 to 13.12): application and authority under CRC 5.660(a) (Rules 13.1 and 13.2); competency of attorneys in juvenile dependency proceedings - the Certification of Competency submitted within ten (10 ) court days of appointment, renewal, competency periods, minimum training of at least eight hours, decertification and evidence of training (Rules 13.3 to 13.5); standards of representation (Rule 13.6); the written Waiver of Rights-Juvenile Dependency (form JV-190) (Rule 13.7); complaints about appointed attorneys, reviewed within ten (10) court days (Rule 13.8); informing the court of a dependent child's interests on Judicial Council Form JV-100 (Rule 13.9); hearing timelines - detention, jurisdiction, disposition, review hearings, writ petitions, the selection hearing and notices of appeal (Rule 13.10); guardians ad litem (Rule 13.11); and Court Appointed Special Advocates, their reports at least five (5) court days before the hearing (Rule 13.12).
Chapter 14 (Rules 14.1 to 14.13): filing criminal complaints - arraignment by a designated judge and assignment for all purposes, page limits, probation violation complaints (Rule 14.1); deadlines - in-custody complaints filed no later than 11:00 a.m. on the arraignment day, out-of-custody complaints no later than 4:00 p.m. five (5) court days before, probation reports (Rule 14.2); appearances - scheduling, continuances under Penal Code section 1050, the presence of the accused, appearance of counsel and remote appearances (Rule 14.3); motions - Penal Code sections 995 and 1538.5 motions noticed within ten (10) court days of arraignment, discovery, subpoenas duces tecum, release and bail motions, ex parte matters, orders shortening time, post-trial motions (Rule 14.4); the pre-trial conference calendar (Rule 14.5); the trial readiness calendar (Rule 14.6); the bond and bail schedule (Rule 14.8); search warrants (Rule 14.9); exhibit management (Rule 14.10); habeas (Rule 14.11); written plea forms for all misdemeanor and felony matters (Rule 14.12); and defendants' clothing, criminal protective orders and community service credit (Rule 14.13).
Chapter 15 (Rules 15.1 to 15.17): the preamble (Rule 15.1); consolidation of related cases (Rule 15.2); service of a blank LF-PRB-104, Objection to Petition for Guardianship, with proof of service within sixty (60) days (Rule 15.3); captions (Rule 15.4); signing and verification (Rule 15.5); additional notice (Rule 15.6); the wording of probate orders (Rule 15.7); orders and affidavits of publication filed at least three (3) court days before the hearing (Rule 15.8); family allowance (Rule 15.9); petitions for final distribution (Rule 15.10); accounts (Rule 15.11); petitions to establish the fact of death (Rule 15.12); guardianship annual reports (Rule 15.13); tentative rulings under Local Rule 10.12 (Rule 15.14); attorney fees in guardianships, conservatorships and trusts - a written contract where expenses will exceed one thousand dollars ($1,000.00) (Rule 15.15); court investigations of petitions to appoint guardians or conservators (Rule 15.16); and notice of a conservatee's death within ninety (90) days (Rule 15.17).
Chapter 16, Minor Violations (Rules 16.1 and 16.2): remote arraignments in traffic infraction cases under California Rules of Court, rule 4.220 - authorization, notice, requesting or objecting, conduct and limitations (Rule 16.1); and delegated review of ability-to-pay petitions under Government Code §68645.3 for petitioners who attest to receiving public benefits (Rule 16.2).
Chapter 16, Superior Court Writs and Petitions for Review (Rules 16.1 to 16.5): habeas corpus (Rule 16.1, referring to rule 14.11); felony writs (Rule 16.2); administrative writs under Code of Civil Procedure section 1094.5 - the administrative record lodged in electronic format, its organization and file names, and a joint appendix where the record exceeds 2,000 pages (Rule 16.3); traditional writs of mandamus under section 1085 (Rule 16.4); and briefing schedules and page limits, the opening memorandum filed at least 45 calendar days before the hearing (Rule 16.5).
Chapter 2 (Rules 2.1 to 2.16): court holidays (Rule 2.1); the calendar policy of the presiding judge (Rule 2.2); the clerks' offices' hours posted on the Court's website (Rule 2.3); the presiding judge's term of two calendar years, selection, eligibility after four years and duties (Rule 2.4); the court executive officer (Rule 2.5); courtroom decorum (Rule 2.6); court records (Rule 2.7); “court day” (Rule 2.8); a judge's vacation day (Rule 2.9); service providers' maximum fees in the Service Rate Schedule (Rule 2.10); elisors in civil and probate cases and in family law cases, the elisor signing within up to three (3) court days (Rule 2.11); extraordinary compensation in decedents' estates, customarily $200 to $400 per hour for attorneys, $75 to $150 for paralegals and $20 to $50 for personal representatives (Rule 2.12); restricted areas (Rule 2.13); public access and the courthouse plaza, closed between 8 p.m. and 7 a.m. (Rule 2.14); the grievance procedure for judicial professionals, investigated within ninety (90) calendar days (Rule 2.15); and court contracts (Rule 2.16).
Chapter 3 (Rules 3.1 to 3.6): the Expedited Civil Track for general civil cases under the Trial Court Delay Reduction Act (Rules 3.1 and 3.2); time standards - 90% of cases within 12 months, 98% within 18 months and 100% within 24 months - and the timelines: service of the summons and complaint within sixty (60) calendar days, responsive pleadings within thirty (30) days, cross-complaints, and the case management conference set approximately one hundred twenty (120) calendar days after filing (Rule 3.3); the notice of inclusion, the case management statement filed no later than fifteen (15) calendar days before the CMC, the meet and confer, participation, continuances and orders (Rule 3.4); motions for relief from time limits (Rule 3.5); and motions on the law and motion calendar (Rule 3.6).
Chapter 4 (Rules 4.1 to 4.3): civil cases outside the general civil definition of Local Rule 3.2, managed under CRC 3.720 - 3.771 (Rule 4.1); the at-issue memorandum filed within one hundred eighty (180) calendar days of the complaint, with available trial dates (Rule 4.2); and case management conferences on request (Rule 4.3).
Chapter 5 (Rules 5.1 to 5.5): setting a settlement conference under CRC 3.1380 and continuances only on noticed motion (Rule 5.1); the settlement conference statement filed and served at least five (5) court days before the conference, and its contents (Rule 5.2); the duty to notify the court of a settlement in writing (Rule 5.3); settling jury trials no later than 3:00 p.m. on the court day preceding the trial date (Rule 5.4); and attendance of trial counsel and self-represented parties (Rule 5.5).
Chapter 6 (Rules 6.1 and 6.2): civil jury trials - the first day's jury fee deposit of $150 no later than twenty-five (25) calendar days before trial (five (5) calendar days in unlawful detainer actions), waiver, jury demands, and law enforcement officers excused from jury service (Rule 6.1); trial briefs in jury trials, long cause bench trials and family law trials - their contents, filing and service with motions in limine at least ten (10) court days before trial, oppositions at least two (2) court days before, submission in Microsoft Word or PDF and by email, and sanctions (Rule 6.2).
Chapter 7 (Rules 7.1 to 7.3): complex litigation defined (Rule 7.1); classification at the first CMC and management under CRC Rules 3.400 to 3.403 (Rule 7.2); and CEQA cases (Rule 7.3).
Chapter 8 (Rules 8.1 to 8.9): the law and motion department (Rule 8.1); continuances - one stipulated continuance not exceeding forty five (45) calendar days, submitted at least 24 hours before the hearing (48 hours before a visiting judge) (Rule 8.2); motions (Rule 8.3); argument ordinarily limited to 15 minutes per side and oral testimony (Rule 8.4); summary judgment (Rule 8.5); proposed orders within five (5) calendar days of the ruling (Rule 8.7); sanctions (Rule 8.8); and relief from the local rules (Rule 8.9).
Chapter 9 (Rules 9.1 to 9.5): definitions (Rule 9.1); civil ex parte applications under CRC 3.1200 - 3.1207 - notice to the court on or before 10:00 a.m. the day before the 11:00 a.m. hearing, moving papers to the opposing party no later than 3:00 p.m. the day before, written opposition by 10:00 a.m. on the day of the hearing, and matters not appropriate for ex parte relief (Rule 9.2); harassment and violence prevention proceedings, filed no later than 10:00 a.m. for the same day (Rule 9.3); probate ex parte applications, temporary conservators and guardians included (Rule 9.4); and family law ex parte applications under CRC 5.151 - 5.170, handled on the documents submitted - notice by 10:00 a.m. on the court day before, the applicant's papers and Judicial Council Form FL-303 by 3:00 p.m., orders issued by approximately 11:00 a.m., domestic violence applications filed by 10:00 a.m. for the same day, and the exclusive use of a vehicle, removal from a residence, modified orders and set-asides (Rule 9.5).
The court's procedure (6/4/2021) for petitions under AB1950, handled without placing the matters on calendar: felony petitions by Probation in mass (eligibility within 30 days, service on the District Attorney and Defense Attorney) and by the defendant or attorney, and misdemeanor petitions by the defense attorney in mass and by the defendant; the Court holds each petition for 10 calendar days for a written objection by the District Attorney, submits it to a judicial officer on the 11th day if none is filed, or places the matter on calendar within 10 calendar days of an objection; and an Order after Hearing states the new expiration date of probation.
For all criminal filings, filers request access to the court's SharePoint filing system by an electronic form (in accordance with Rule 10.13, which makes electronic filing mandatory starting January 1st, 2023), receive an email and open the San Benito Filings link to file; the step-by-step instructions are How to File in SharePoint; filers should review the documents the Court returns after filing.
The court's instructions for filing in SharePoint: navigating to the system from the invitation email; scanning and naming documents with the exact document name and case number; creating an upload - the File Type, the Title formatted with the case caption, a new upload for each party, the Date of Hearing, the Filing Type and Case type, attachments, and no edits after saving; subsequent uploads; the View Status tiles; the “Completed”, “Rejected” and “Incomplete” notifications (the court no longer provides conformed copies); and, for incomplete uploads, a new upload labeled as a subsequent filing.
Juvenile Dependency cases, including transfer in cases, are heard on Monday mornings beginning at 10:30 a.m. in Courtroom 1, and Juvenile Delinquency cases on Monday afternoons beginning at 2:00 p.m. in Courtroom 3, at 450 Fourth Street, Hollister; juvenile cases are strictly confidential - no information is given on the phone, and parties must present identification. With information on the dependency and juvenile justice proceedings.
The court's guidelines for media coverage of court proceedings consistent with California Rules of Court, Rule 1.150: one or two media requests and orders per case for each media agency, coverage only on written order of the judge, an order for the initial hearing extending to subsequent hearings; requests on Judicial Council form MC-500 with a proposed order on form MC-510, filed at least five (5) court days before the proceeding, by email to media@sanbenitocourt.org or at the Clerk's Office / Attorney Service window; the clerk's review, filing and forwarding to the judge and the conformed order presented to the bailiff; and the exception for a case set less than five (5) days in advance.
All hearings are held in person. Civil: a party may request to appear remotely by filing the Notice of Remote Appearance (RA-010) under Code of Civil Procedure 367.75, with the Order of Notice of Remote Appearance (RA-020); requests are reviewed hearing by hearing only, a request for the entirety of a case is rejected, and an opposition is filed on RA-015. Criminal: attorneys may request to appear remotely on the Request for Remote Appearance: Criminal local form (SB-CR-12), in accordance with Local Rule 14.3, granted on a limited basis and hearing by hearing; and steps for preparing for a remote court proceeding.