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Chapter 10 (Rules 10.1 to 10.14): requests for copies (Rule 10.1); consolidation (Rule 10.2); the repealed facsimile rule and Rule 10.3, Responsibility for Content Generated Using Artificial Intelligence - users of generative AI remain fully responsible for the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).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 10 - MISCELLANEOUS CIVIL RULES RULE 10.1 - REQUESTS FOR COPIES OR CERTIFIED COPIES The requesting party must include a self-addressed stamped envelope and the required copying or certification fee with all requests for copying or certification of documents before any copying or certification will be done. If there is no envelope or fee, the clerk may attempt to notify the requesting party to forward such envelope or fee. However, it is the responsibility of the requesting party to contact the clerk regarding the status of his or her request. (Eff. 7/1/99) (Rev. 7/1/08) RULE 10.2 - CONSOLIDATION OF CASES When cases are consolidated for any purpose, the case with the lowest numbered case in the consolidated case, unless otherwise specified, will be the controlling docket number, and future filings and correspondence will be routed to that docket number only. (Eff. 7/1/99) (Rev.1/1/24) RULE 10.3 - FACSIMILE FILINGS REPEALED- number reserved (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 7/1/18) (Repealed 1/1/25) Rule 10.3-Responsibility for Content Generated Using Artificial Intelligence (a) Purpose: This rule is intended to clarify the responsibilities of court users who utilize artificial intelligence (“AI”) tools, including generative AI, in the preparation of legal pleadings, filings, and forms submitted to the court. b) Definition: For purposes of this rule, “generative artificial intelligence” (AI) means any automated system or tool that produces natural language, images, or code in response to prompts, including but not limited to large language models (LLMs) and similar machine-learning platforms. c) Responsibility for Content: Any party, attorney, or self-represented litigant who uses AI tools to draft or assist in the preparation of documents submitted to the court remains fully responsible for the content of those documents. This includes, but is not limited to: 1) The accuracy of factual statements; 2) The validity and citation of legal authorities; 3) The appropriateness of legal arguments; 4) The completeness and truthfulness of all information provided. d) Intent and Verification: All court users must ensure that the information contained in any filing or submission reflects their own intent and understanding. The use of AI does not excuse or mitigate errors, misrepresentations, or omissions. Users are expected to review and verify all content before submission. e) Consequences of Misuse: The submission of inaccurate, misleading, or fabricated information—whether generated by AI or otherwise—may result in sanctions, including but not limited to monetary penalties, striking of pleadings, or other appropriate remedies as authorized by law. (Eff. 1/1/26) -Prior Rule 10.3 Facsimile Filing Repealed , number reserved 1/1/25 RULE 10.4 - SUBSTITUTION AND WITHDRAWAL OF COUNSEL A document which substitutes (i) one attorney for another, or (ii) an attorney for a pro per party must contain: the name, mailing address, telephone number, and bar number of the new attorney. The document must contain the name of the attorney, not the firm name. The document must be served on all parties. A document which substitutes a pro per party for an attorney must contain: the name, mailing address, and telephone number of the pro per party. The document must be served on all parties. (Eff. 7/1/99) (Rev. 7/1/08) RULE 10.5 - ATTORNEY FEES If the clerk is authorized to enter judgment pursuant to Code of Civil Procedure section 585(a), and one of the two conditions is true: (1) the obligation sued upon provides that attorney fees will be allowed in the event of an action thereon, or (2) the action is one in which the plaintiff is entitled, by statute, to recover attorney’s fees in addition to money or damages, then the clerk may compute the attorney’s fees by adding to the judgment, exclusive of costs, the following amounts (unless a lesser sum is requested): $250 for the first $1,000; plus 6 percent of the next $9,000; plus 3 percent of the next $40,000; plus 2 percent of the next $50,000; plus 1 percent of the next $100,000. (Eff. 11/1/88) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) (Rev. 1/1/12) RULE 10.6 - FAMILY LAW JUDGMENTS All proposed family law judgments must be accompanied by an extra copy of the face sheet when submitted. (Eff. 7/1/97) (Rev. and Renumbered 7/1/99) (Rev. 7/1/08) RULE 10.7 - CASE REMOVED TO FEDERAL COURT In the event a case is removed to federal court, the court will order a date, not earlier than ninety (90) calendar days from the date of removal, by which counsel must file a declaration regarding the status of removed case. If the case has not been remanded to the court by that time, the action will be dismissed without the need to conduct a further hearing. (Eff. 1/1/92) (Rev. 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 10.8 - ARBITRATION Code of Civil Procedure sections 1141.10 - 1141.31 and CRC 3.810 - 3.830 apply to all civil cases as stated therein. An arbitrator will be assigned no later than thirty (30) calendar days after submission of a case to arbitration. (Eff. 9/1/91) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 10.9 - MEDIATION Code of Civil Procedure sections 1775 - 1775.15 and CRC 3.890 - 3.898 apply to all civil cases as stated therein. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) RULE 10.10 - INTERPRETERS a) Parties: The court may appoint an interpreter to assist parties with limited English proficiency in certain civil matters, in accordance with the priorities set forth in Evidence Code section 756. The cost for the court-appointed interpreter will be paid by the court. If the court does not appoint an interpreter to assist a party with limited English proficiency, that party may hire an interpreter at its own expense. b) Witnesses: The court may appoint an interpreter to interpret for a non-English-speaking witness who is incapable of understanding or expressing himself or herself in English so as to be understood directly by counsel, court, and jury. The cost for the interpreter will be paid by the party or parties, as directed by the court. Alternately, the court may waive the fee for a court-appointed interpreter for a witness. c) Notice to Court: Parties, attorneys, and justice partners should alert the court to a party’s need for an interpreter as early as possible, so that the need may be taken into consideration in scheduling hearings or trials. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) RULE 10.11 - COURT REPORTING SERVICES a) Notice of Availability of Official Reporting Services: Consistent with CRC 2.956(b)(1), the court must enumerate the departments in which the services of official court reporters are normally available. The court provides the services of an official court reporter in the following matters when the court has available funding to do so: i. In all criminal matters as required by law during regular court hours; ii. All juvenile justice matters as required by law; (2)(3) All juvenile dependency matters as required by law; (3)(4) Freedom from control; iii. Contested Lanterman-Petris-Short Act conservatorships; iv. Contempt of Department of Child Support (DCSS) orders; v. Domestic Violence; and vi. Family Law. b) Notice of Non-Availability of Official Reporting Services: i. Official court reporters are not normally available in departments assigned the following subject matters: A. Misdemeanor cases, B. Infractions, C. Limited and unlimited civil proceedings, and ii. Official court reporters are not provided in departments assigned the following subject matters: A. Unlimited civil trials; and B. DCSS matters Procurement of Private Court Reporter: For matters where the court does not provide an official court reporter any party or attorney who desires a verbatim record of a hearing, long cause hearing, civil bench trial or civil jury trial must arrange for or hire a private certified court reporter pro tempore to report the hearing or trial. See CRC 2.956(c) and (d) for rules governing procuring reporters. c) Exception for Parties Granted a Fee Waiver: Parties granted a fee waiver may request an official court reporter to create a verbatim record of the proceedings. The request should be made at least ten (10) calendar days before the proceeding for which a court reporter is desired, or as soon as practicable if the proceeding is set with less than ten (10)-days' notice, by submitting Judicial Council Form FW-020 (“Request for Court Reporter by Party with Fee Waiver”) to the clerk’s office. (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 1/1/12) (Rev 1/1/16) (Rev. 7/1/18) (Rev. 7/1/21) (Rev. 7/1/22) (Rev. 1/1/24) (Rev. 7/1/24) (Rev. 1/1/25)(Rev. 7/1/26) RULE 10.12 - TENTATIVE RULINGS a) Procedure: The court follows the tentative ruling procedure set out in CRC 3.1308(a)(1) for: civil law and motion; probate; and family law matters. Family law cases that are designated as confidential by California Law will not be posted online. Tentative rulings in those matters may be obtained by telephone from the Judicial Courtroom Assistant at 831-636-4057. Confidential cases include matters involving unmarried parents filed prior to January 1, 2023, or cases involving reproductive assistance. b) Availability: Tentative rulings will be available on the court’s website and by telephone at (831) 636-4057 by 3:00 p.m. on the court day before the scheduled hearing. c) Oral Argument: i. Directed by Court: If the court desires oral argument, the tentative ruling will so direct. The tentative ruling may also note any issues on which the court wishes the parties to provide further argument. ii. Requested by a Party: If the court has not directed oral argument, oral argument will be permitted only if a party notifies all other parties and the court, by 4:00 p.m. on the court day before the scheduled hearing, of the party’s intention to appear. The notification to all other parties and the court should (i) be in writing, and (ii) contain a statement that the notifying party will contest the tentative ruling at the oral argument. d) Final Ruling: Absent a court order for oral argument or a request for a hearing by any party, the tentative ruling will become the final ruling of the court. e) Discretionary: This local rule does not require any judge to issue tentative rulings. A party is responsible for determining whether the judge hearing his or her matter will issue a tentative ruling. f) No Tentative Ruling: Whenever a tentative ruling has not been issued, the parties are to appear at the scheduled hearing unless otherwise ordered. (Eff. 7/1/19) (Rev. 1/1/22) (Rev. 1/1/25.)(Rev. 7/1/25.) RULE 10.13 - ELECTRONIC FILING a) Definitions: For purposes of this rule: i. “Covered case” means a general civil, family, probate, criminal, juvenile, or justice or juvenile dependency cases. ii. “eFiling Provider” means an electronic filing service provider approved by the court. iii. “Electronic bookmark” is a descriptive text link that appears in the bookmarks panel of an electronic document. b) Permissive and Mandatory Electronic Filing: i. Beginning January 1, 2023, electronic filing is mandatory for covered cases, except for items A through G below. The following items are not subject to mandatory electronic filing: A. Documents presented for filing by a self-represented party, although not mandatory, self-represented parties are encouraged to electronically file documents. B. 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. C. Documents lodged with the court provisionally under seal pursuant to CRC 2.551. D. Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for judgment notwithstanding the verdict, motions to quash service for personal jurisdiction, and petitions for writs. Although not mandatory, electronic filing of these documents is encouraged. E. Original documents required for a proceeding, including bench warrants, subpoenaed documents, affidavits regarding real property of small value, bonds, undertakings, financial documents submitted by a private professional conservator, letters (probate, guardianship, conservatorship), wills and codicils (for filing or safekeeping) and orders to deposit money and receipt of depository. F. Documents presented for filing in cases under seal. G. Documents and/or reports provided to the court from third-party service providers or experts. These documents and reports may be electronically filed at the discretion of the provider or expert, unless otherwise ordered by the court. ii. Beginning January 1, 2023, court reporter transcripts for covered cases must be electronically filed. c) Providers: Electronic filling of documents shall occur through an eFiling Provider. A list of eFiling Providers is available on the court’s website. d) Fees: An eFiling Provider may charge reasonable fees in addition to any filing fees required by the court. An eFiling Provider shall waive any fees charged to a party if (i) the party has been granted a waiver of court fees pursuant to Code of Civil Procedure section 68631, or (ii) the court otherwise deems a waiver to be appropriate. e) Requirements: v. Electronically filed documents must comply with Code of Civil Procedure section 1010.6 and CRC 2.250 through 2.261. All persons filing documents electronically must 1) comply with any court requirements designed to ensure the integrity of electronic filing and to protect sensitive personal information, and ii) furnish information submitted electronically as provided in Cal. Rules of Court, rule 3.1312. vi. All electronically filed documents must be in PDF format and be text searchable. Proposed orders in civil law and motion proceedings and in discovery proceedings in family law and probate cases may be filed and submitted electronically as provided in CRC 3.1312. vii. Except for documents submitted by a self-represented party, all electronically- filed documents must include electronic bookmarks to each heading, subheading, and component (including the table of contents, table of authorities, petition, verification, points and authorities, declaration, and proof of service if included), and to the first page of each exhibit or attachment, if any. Each electronic bookmark to an exhibit or attachment must include the letter or number of the exhibit or attachment and a brief description of the exhibit or attachment. f) Digital Exhibits as Attachment to Electronically Filed Documents: Exhibits in a medium that is not appropriate for electronic filing (e.g. CDs, DVDs, USB flash drives) shall be submitted in the courtroom only. The submitting party shall be responsible for providing the necessary equipment to view or present the exhibits. g) Effective Date and Time of Electronic Filing: Documents received by the court for electronic filing at or prior to 11:59 p.m. on a court day, which satisfy all requirements for filing, will be deemed filed on that court day as provided in Code of Civil Procedure section 1010.6(b)(3) and CRC 2.253(b)(6). The court will issue a confirmation that the document has been received and filed in accordance with CRC 2.259. The confirmation shall serve as proof that the documents have been filed. h) Redaction of Confidential Information: 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 relevant requirements. i) Courtesy Copies: The court may order the delivery of paper courtesy copies of electronically filed documents. j) Electronic Service: Unless otherwise ordered by the court, electronic service of electronically filed documents is optional as provided in CRC 2.251. k) Electronic Signatures: CRC 2.257 governs electronic signatures on electronically filed documents. l) Filing Documents Intended for Multiple Cases: A party seeking to file a single document into multiple cases must electronically file the document into each case. The clerk’s office will not place a document from one case into another on behalf of a party. It is the responsibility of the party to file separately for each case. (Eff. 1/1/22) (Rev. 7/1/22) (Rev. and Renumbered 1/1/24) (Rev. 1/1/25) RULE 10.14 - REMOTE APPEARANCES a) Definitions: The definitions in CRC 3.672(c) shall apply to this local rule. b) Scope: This local rule governs remote appearances in civil cases as authorized by Code of Civil Procedure section 367.75 and CRC 3.672. c) Platform: Pursuant to the authority granted in CRC 3.672(l), the court designates Zoom as the platform that must be used for remote appearances. d) Access Information: The court clerk will provide remote access information (meeting link and telephonic access numbers) to participants appearing remotely. The court clerk may provide this information to the applicable participants by email. Participants are not permitted to disclose the remote access information to any other person. e) Technology or Audibility Issues: Parties are advised that technology or audibility issues could arise during remote appearances, and such issues may delay or halt a proceeding. f) Non-Dependency Cases: This section applies to all civil cases except juvenile dependency cases. i. Notice: Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings. Such notice must be provided by the applicable deadline specified in CRC 3.672(g) or (h). ii. Opposition: A party may oppose a remote appearance in an evidentiary hearing or trial by filing Judicial Council Form RA-015 (“Opposition to Remote Proceeding at Evidentiary Hearing or Trial”) with the court and serving such opposition on all parties or persons entitled to receive notice of the proceedings. The filing and service must be completed by the applicable deadline specified in CRC 3.672(h)(3)(A). The filing party must ensure a copy of the opposition is received in the department in which the proceeding is to be held. g) Exhibits: i. General: A party appearing remotely at a proceeding must electronically file any exhibits to be presented at the proceeding at least five (5) court days before the proceeding. Electronically filed exhibits must be served on all other parties. ii. Exception: A self-represented party who is appearing remotely at a proceeding but who does not electronically file documents must file any exhibits to be presented at the proceeding with the clerk’s office at least two (2) court days before the proceeding and serve copies of the exhibits on all other parties. h) Confidentiality: All statutory confidentiality requirements applicable to juvenile dependency proceedings held in person apply equally to juvenile dependency proceedings conducted remotely. i) Conduct of remote appearances: i. No proceeding may be photographed, recorded (audio or video), or re-broadcast by any person who is personally present, or who is appearing, participating, or observing remotely without prior written order of the court. (Cal. Rules of Court, rule 1.150, local rule 1.7.) . 1. Violation of this rule, pursuant to California Rule of Court, rule 1.150 sub (f), is an “unlawful interference with the proceedings of the court” and may be the basis for citation of contempt of court, or an order imposing monetary or other sanctions as provided by law. ii. A remote appearance is a court appearance and must be conducted consistently with Rule of Court 2.6. iii. Attorneys must appear in professional business attire, and all other participants in appro-priate clothing, from a quiet, stationary location with minimal background noise or visual distractions, an adequate Wi-Fi connection, and using working microphones and head-phones/speakers. iv. When both counsel and their client are appearing remotely, counsel is strongly encouraged to be co-located at the same remote location as their client to facilitate communication. v. For purposes of this rule, a “participant” includes a party, an attorney, or a witness. vi. Unless approved by the court, participants must appear with their camera turned on. If a participant has security concerns about appearing on camera, this concern should be brought to the court’s attention before the hearing. Attorneys and participants will identify themselves by their correct legal name in the caption, they will not use alternate screen names or avatars. vii. If a participant is able to appear only by telephone, that participant must identify them-selves when requested by the court and thereafter when speaking during the hearing. Par-ticipants appearing by telephone may not place the Court on hold or use a speakerphone. Participants may turn off “caller ID” when appearing by telephone. viii. All participants must ensure that there are no interruptions or distractions for the duration of their appearance at the hearing. No other individual (including a minor child or house-hold pets) may appear with the participant or be heard during the hearing without prior court approval, other than when an attorney appears with their client from a common re-mote location. ix. All participants must place their microphones on mute unless they are speaking. All par-ticipants must refrain from speaking unless addressed or otherwise allowed by the court. x. Individual judges have the discretion to allow remote observation by persons who are not participants and the authority to manage remote observation, including by requiring the identification of an observer and/or requiring observers to have their cameras turned on. (Eff. 7/1/22) (Rev. 7/1/25)
CHAPTER 10 - MISCELLANEOUS CIVIL RULES RULE 10.1 - REQUESTS FOR COPIES OR CERTIFIED COPIES The requesting party must include a self-addressed stamped envelope and the required copying or certification fee with all requests for copying or certification of documents before any copying or certification will be done. If there is no envelope or fee, the clerk may attempt to notify the requesting party
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Review note: Rule 10.3 prints the repealed facsimile rule (“number reserved”) and after it “Rule 10.3-Responsibility for Content Generated Using Artificial Intelligence” (Eff. 1/1/26): both are carded as printed. Published as printed: Rule 10.11(a)(ii) “(2)(3) All juvenile dependency matters as required by law; (3)(4) Freedom from control;”; Rule 10.13(c) “Electronic filling”; Rule 10.13(e) numbers its items from “v.”; the hyphens the book prints at line ends inside words of Rule 10.14 are kept (“re-mote”, “par-ticipants”, “appro-priate”).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.