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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).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 16-SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW RULE 16.1 - HABEAS CORPUS Rules for Habeas Corpus are found at rule 14.11 (Eft. 7/1/25) RULE 16.2 - FELONY WRITS a) All judicial officers of the superior court have jurisdiction to consider a petition for writ of mandate or prohibition in any felony matter still pending before the magistrate. (Magallan v. Monterey County Superior Court (2011) 192. Cal. App. 4th 1444.) b) The filing party shall address the petition to the presiding judge. The presiding judge shall designate one or more superior court judges to consider the petition. (Eft. 7/1/25) RULE 16.3 - ADMINISTRATIVE WRITS (Code of Civil Procedure section 1094.5) Administrative writ petitions filed under Code of Civil Procedure, section 1094.5 are reviewed by a superior court judge assigned to the Civil Division. The party seeking court review shall address the petition to the judge assigned for that case. a) Administrative Record: Parties shall lodge any administrative record in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than thirty (30) days before the hearing on the merits. b) Organization and file names: The administrative record shall be divided into discrete logical sections. For example, in the divisions prescribed for CEQA cases by California Rules of Court, rule 3.2205(a)(1) (findings, EIR, initial study, staff reports, transcripts, the remainder of the record.) Each section shall be contained in individual, searchable, electronically bookmarked .PDF files. Each file name shall reference the portion of the record contained therein, e.g., “Administrative Record Volume 1 (AR 1-195).pdf.” c) Joint Appendix: This rule applies in any matter in which the Administrative Records exceeds 2,000 pages. 1) Parties shall coordinate to prepare and lodge an electronic joint appendix containing each page of the records cited in the parties’ briefing. 2) The joint appendix shall be divided into individual files not to exceed 200 pages. 3) The joint appendix shall be lodged as expeditiously as possible following completion of the parties’ briefing on the merits, but in no event more than fourteen (14) calendar days thereafter. d) Memorandum and Appendix: In briefing, 1) each party addressing an issue shall specifically state the burden of proof for that issue and who bears it; and, 2) each party that cites to specific pages of the administrative record shall submit to the court a courtesy hard copy Appendix of the Administrative Record Pages cited, with the portions on which the party relies, highlighted. The administrative record pages in the Appendix shall either be in numerical order, or if not in numerical order, tabbed. (Eft. 7-1-25) RULE 16.4 - TRADITIONAL WRIT OF MANDAMUS (Code of Civil Procedure section 1085) Traditional writs of mandamus filed under Code of Civil Procedure section 1085 are reviewed by a superior court judge assigned to the Civil Division. The party seeking court review shall address the petition to the judge of the Civil Division to whom that case is assigned. a) Record on Review: Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than thirty (30) days before the hearing on the merits. (Eft. 7/1/25)_ RULE 16.5 - ADMINISTRATIVE AND TRADITIONAL WRIT OF MANDAMUS BRIEFING SCHEDULES AND PAGE LIMITS. a) Unless otherwise ordered by the court, points and authorities prepared for a hearing on the merits of a writ petition shall be filed in accordance with the following schedule and page limits: The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date; the opposition memorandum shall be filed at least 25 calendar days prior to the hearing date; and the reply memorandum shall be filed at least 15 calendar days prior to the hearing. The opening and opposition memoranda shall not exceed 7,500 words. The reply memorandum shall not exceed 5,000 words. Attorneys shall, on a separate page following the final page of the memorandum, certify compliance with this requirement using substantially the language below: “ I, [attorney name], counsel for [party], hereby certify, under Local rule 16.5, that I prepared the foregoing memorandum of points and authorities on behalf of my client, and that the word count for this briefing is [insert word count], which does not include the cover, the tables, signature blocks, or this certification. This briefing complies with the rule, which limits briefing to [insert the appropriate number] words. I certify that I prepared this document in [insert software name such as Word 2010], and that this is the word count [Word] generated for this document. Dated: ____________________ Attorney Name: [Attorney for the Party] ______________________________________________ b) The parties may, subject to this court’s approval, stipulate to file briefs exceeding the word count noted in this rule 16.5 and/or to modify this briefing schedule. Alternatively, any party may file a motion to file an oversized brief consistent with the procedure specified in California Rules of Court, rule 3.1113(e). Any motion to be heard prior to the merits of a writ petition shall comply with the filing schedule and page limits specified in California Rules of Court, rules 3.1113 and 3.1300. (Eft. 7/1/25)
CHAPTER 16-SUPERIOR COURT WRITS AND PETITIONS FOR REVIEW RULE 16.1 - HABEAS CORPUS Rules for Habeas Corpus are found at rule 14.11 (Eft. 7/1/25) RULE 16.2 - FELONY WRITS a) All judicial officers of the superior court have jurisdiction to consider a petition for writ of mandate or prohibition in any felony matter still pending before the magistrate. (Magallan v. Monterey County Superior Court (2011
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: The book prints two chapters numbered 16 - this one (page 81) and “CHAPTER 16 – MINOR VIOLATIONS” (page 83) - each numbering its rules from 16.1; the table of contents and the bookmarks list only Minor Violations (a review task). Published as printed: the history notes read “(Eft. 7/1/25)”; Rule 16.2(a) cites “192. Cal. App. 4th 1444”.
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.