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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).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 2 - ADMINISTRATION AND DISTRIBUTION OF JUDICIAL RULE 2.1 - COURT HOLIDAYS The court will observe a holiday occurring on a Saturday on the proceeding Friday and a holiday occurring on a Sunday on the following Monday, pursuant to CRC 1.11 and Code of Civil Procedure section 135. The court observes all judicial holidays as prescribed by law. (See Code of Civil Procedure sections 133-136 and Government Code section 6700.) (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) RULE 2.2 - CALENDAR All matters will be regularly calendared pursuant to the calendar policy determined by the presiding judge. Unless otherwise ordered, cases will be assigned by department. (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) RULE 2.3 – CLERKS’ OFFICES—HOURS OF OPERATION FOR PUBLIC SERVICE Courts must remain open to the public each business day according to the Judicial Council directives. The exact hours of operation of the clerks’ offices are determined by the judges consistent with Judicial Council directives and will be posted on the Court’s website. Hours of operation are subject to change so long as they remain consistent with Judicial Council directives and with prior notification to the public. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/16) (Rev. 7/1/22) RULE 2.4 - PRESIDING JUDGE a) Term of Presiding Judge: The presiding judge shall serve for two calendar years, commencing January 1st of each odd numbered year. b) Selection: The presiding judge shall be elected by the judges of the court. A unanimous vote is required. If a unanimous vote is not taken, then the position of presiding judge shall rotate with each eligible judge serving a two-year term as presiding judge, commencing with the most senior eligible judge. In the case of equal seniority, the initial presiding judge shall be selected by lot. Selection shall occur in July of even numbered years. c) Qualifications: i. Eligibility: No judge of the San Benito Superior Court shall be eligible to serve as presiding judge until serving as a judge in San Benito Superior Court for four years. ii. Exception: If neither judge is eligible to serve as presiding judge, the more senior judge shall serve as presiding judge until both judges have served in San Benito Superior Court for at least four years. If both judges have equal seniority, one judge shall be selected by lot to serve as presiding judge until both judges have served in San Benito Superior Court for at least four years. iii. Factors to Consider: . Management and administrative ability; . Interest in serving in the position; . Experience and familiarity with a variety of trial court assignments; . Ability to motivate and educate other judicial officers and court personnel; . Ability to evaluate strengths of the court’s bench officers and make assignments based on those strengths as well as best interest of the public and court; and . Other appropriate factors. d) Duties: The presiding judge has the authority and the duties specified by California Rules of Court 10.603 and statute. e) Assistant Presiding Judge: When necessary, the presiding judge will designate an acting presiding judge. f) Seniority: For purposes of this rule, seniority shall be determined by service as a judge in San Benito Superior Court. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 7/1/18) (Rev. 1/1/25) RULE 2.5 - COURT EXECUTIVE OFFICER The presiding judge shall appoint the court executive officer who shall also act as Clerk of the Court pursuant to Government Code section 69840-69848 and California Rules of Court, Rule 10.610, and in job descriptions approved by the court from time to time. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 7/1/18) (Rev. 1/1/24) (Rev. 1/1/25) RULE 2.6 - COURTROOM DECORUM These local rules have been adopted to promote orderly proceedings and respect for the judicial process. All persons present before the court are required to dress and conduct themselves in a manner consistent with the traditional dignity of the court and the judicial process. The presiding judge may issue directives from time-to-time regarding appropriate conduct in the courtrooms that may include prohibiting certain behaviors, activities, and customs. All parties and court users are expected to follow such directives unless otherwise directed by the presiding judges. (Eff. 7/1/99) (Rev. 7/1/08) RULE 2.7 - COURT RECORDS AND FILES No person may remove official court files, papers contained therein, exhibits, or other records from the clerk’s office without order of the court. Making photocopies or photographic copies of public court records may be permitted under Local Rule 1.7 (d). (Eff. 7/1/99) (Rev. 7/1/08) RULE 2.8 - INTERPRETATION OF THE TERM “DAY” “Court day” means a day on which judicial business may be transacted within the meaning of Code of Civil Procedure sections 133-136. “Day” means “court day” unless otherwise specified. (Eff. 7/1/08) (Rev. 7/1/18) RULE 2.9 - DEFINITION OF VACATION DAY FOR JUDGES A day of vacation for a judge is defined as an approved absence from the court for one full court day. Other absences from the court listed in CRC 10.603(c)(2)(H) are excluded from this definition. (Eff. 7/1/08) RULE 2.10 - SERVICE PROVIDERS a) Definition: “Service providers”, for the purpose of this rule, includes the following non-employee, court-appointed experts and specialists: (i) forensic evaluators, (ii) family law investigators, (iii) mediators, (iv) background researchers, (v) contract court reporters, (vi) contract interpreters, (vii) criminal defense counsel, (viii) dependency counsel, and (ix) county agency employees with expertise in substance use, behavioral health, other special fields. b) Fees: The maximum fee to be paid to each category of service provider is set forth in the Service Rate Schedule available on the court’s website. The Service Rate Schedule may be updated from time to time upon approval of the presiding judge. An updated Service Rate Schedule shall be effective immediately upon approval by the presiding judge. An interpreter who requires payment in excess of established in the Judicial Council Payment Policies for Independent Contractors may be considered unavailable. c) Judicial Discretion: The allowance of fees in excess of those specified in the Service Rate Schedule is subject to the discretion of the court upon proper and sufficient showing by the claimant of the necessity or justification thereof, except as may otherwise be specifically provided by statute. (Eff. 1/1/16) (Rev. 7/1/18) (Rev. 7/1/21)(Rev. 7/1/26) RULE 2.11 - ELISORS Where one of the parties fails to execute a document necessary to carry out a court order, the Clerk of the Superior Court or the Clerk’s authorized representative or designee may be appointed as an elisor to sign the document. a) Civil and Probate Cases: i. An application for appointment of an elisor shall be made by filing an application, declaration in support, and a proposed order. ii. The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor. iii. The proposed order shall: A. Clearly identify the document(s) the elisor is being asked to sign. A deed must state the type of deed. (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately. (i.e. Escrow Instruction Dated. . ., Hazards Report, etc.) B. The order shall describe the exact location(s) in the document(s) where the elisor is to sign and identify the name of the party for whom the elisor is signing. C. The order must state “The Clerk of the Court or Clerk’s Designee” as the elisor. It cannot state the name or title of a specific court employee. D. If the Court grants the application for appointment of an elisor, the Clerk’s Office will arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case-by-case basis by the Court. E. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present with the elisor signs the documents. b) Family Law Cases: i. A court order for the appointment of an elisor must be made by a request for order and a supporting declaration. ii. At least one supporting declaration needs to be filed with the request. The declaration must include: A. A list of the exact documents the elisor is being asked to sign. A deed must state the type of deed. (i.e., grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately. (i.e. Escrow Instruction Dated, Hazard Report, etc.) B. Include a description of the good faith efforts to meet and confer to resolve the issue. C. Specify facts establishing the necessity of the appointment of an elisor. iii. If the court grants the application for appointment of an elisor, the Clerk’s Office will arrange for a time for the actual signing of the documents. The appointed elisor has up to three (3) court days to complete the actual signing of the documents. Any exceptions to the three-day period shall be addressed on a case-by-case basis by the Court. iv. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary to be present when the elisor signs the document(s), (Eff. 1/1/25.) RULE 2.12 - EXTRAORDINARY COMPENSATION FOR ATTORNEYS AND PERSONAL REPRESENTATIVES IN DECEDENTS’ ESTATES c) Petition: A petition for extraordinary compensation for attorneys and personal representatives in decedents’ estates will not be considered unless the notice of hearing contains a reference to that petition. A petition must include, or be accompanied by, the statement of facts as required by CRC 7.702. d) Discretion of Court: The award of extraordinary compensation is within the discretion of the court. Ordinarily, extraordinary compensation will not be awarded without a proper showing that statutory fees have been exhausted. e) Standards: CRC 7.703 provides examples of services for which the court may award extraordinary compensation. The court will look at the reasonableness and benefit to the interested parties in determining whether and what amounts of extraordinary compensation will be awarded. The court will not award compensation for legal services performed by non-attorneys, except for services performed by paralegals in accordance with CRC 7.703(e). Legal services do not include, and the court will not award compensation for, matters which are overhead, secretarial in nature, or do not require special legal skills. Ordinarily, the court will award no more than one hour for a court appearance in a non-litigated matter. The court will not award compensation for items such as office supplies. f) Customary Compensation: In reviewing petitions for extraordinary compensation, the court considers the amounts historically and customarily awarded in the community. For attorneys’ fees in non-litigated matters, the court has customarily awarded fees in the range of $200 to $400 per hour. For paralegals, the court has customarily awarded fees in the range of $75 to $150 per hour. For personal representatives, the court has customarily awarded fees in the range of $20 to $50 per hour. All petitions must clearly indicate who has performed the services for which extraordinary compensation is being requested. In the event that a personal representative performs services requiring special training and skills (e.g., a CPA preparing tax returns or performing an audit), the court will consider a higher hourly rate on a case-by-case basis. Counsel should not assume that the court will automatically award the maximum rates set forth herein. Litigated matters will be considered on a case-by-case basis. (Eff. 1/1/16) (Renumbered 1/1/25.) RULE 2.13 - RESTRICTED AREAS The following areas of the court facilities are reserved for the exclusive use of court personnel: (i) the offices of the judicial officers, (ii) the entire length of the corridor adjacent to the offices of the judicial officers, (iii) the administrative offices, and (iv) the clerks’ offices. Members of the public, jurors, employees of other agencies, private attorneys and their staff, and all other individuals are prohibited from entering these areas unless accompanied by court personnel. Security personnel may remove unauthorized persons from these areas. (Eff. 1/1/16) (Renumbered1/1/25.) RULE 2.14 - PUBLIC ACCESS a) Purpose: This rule is adopted to (i) ensure public access to the courthouse, (ii) safeguard the normal conduct of court business, (iii) promote the public perception of judicial neutrality, and (iv) maintain proper judicial decorum. b) Access: No person may block or impede any entrance or exit to the courthouse, including entrances and exits to the parking areas. This prohibition shall not apply to workers who, with the permission of the court, block a courthouse entrance or exit during the course of repairs or cleaning. c) Courthouse Plaza: The courthouse plaza is closed to the public between the hours of 8 p.m. and 7 a.m. daily (including weekends and court holidays). Lodging or camping in the courthouse plaza is prohibited. No stereos, bullhorns, or other amplification devices may be used in the courthouse plaza. The “courthouse plaza” refers to the outdoor area bounded by, but not including, the sidewalks on Monterey Street, 4th Street, West Street, and 3rd Street. d) Regulated Activities: Unless related to court business, the following activities are prohibited in the courthouse: (i) picketing, (ii) demonstrating, (iii) leafleting, (iv) solicitation (either in person or via posting), (v) proselytizing or preaching, and (vi) peddling merchandise or services. These activities are allowed in the courthouse plaza only if a license has been obtained from the Judicial Council of California. (Eff. 1/1/16) (Renumbered 1/1/25.) RULE 2.15 - GRIEVANCE PROCEDURE FOR CERTAIN JUDICIAL PROFESSIONALS a) Definition: For purposes of this rule, “judicial professionals” means (i) court-appointed investigators, (ii) court-appointed evaluators, (iii) the family law facilitator, or his or her staff members, and (iv) mediators appointed by the court to mediate a dispute in the following areas: (a) probate, (b) guardianship, (c) conservatorship, (d) juvenile justice, (e) family law, (f) small claims, (g) unlawful detainer, or (h) civil petitions, as that term is defined in CRC 1.6(5). b) Procedure: Anyone raising a grievance in connection with a judicial professional (including a request to change mediators) must file a written declaration signed under penalty of perjury and addressed to the presiding judge. The declaration must state specifically what alleged issue(s) is the basis for the grievance and what remedy is requested. c) Investigation: Upon receipt of the grievance, the presiding judge (or their designee) will review it and solicit a response to the alleged grievance from the judicial professional within a reasonable period of time. The presiding judge (or their designee) will complete an investigation within a reasonable period of time, not to exceed ninety (90) calendar days from filing of the grievance. d) Decision: The presiding judge (or their designee) will notify all parties in writing of his or her decision. The grievance and the court’s findings must be maintained as a confidential record, and not as part of the case file, for a period of one (1) year. No one will be permitted to inspect the grievance or findings of the court without prior court order. (Eff. 1/1/20) (Rev. 7/1/21) (Rev. and Renumbered 1/1/25.) RULE 2.16 - COURT CONTRACTS a) Definitions: For purposes of this rule: i. “JBCL” means the California Judicial Branch Contract Law (Public Contract Code section 19201 et seq.). ii. “Appendix” means the “JBCL Appendix” published by the Judicial Council of California. The current version of the appendix is located at: www.courts.ca.gov/documents/JBCM-JBCL-Appendix.docx. b) Required Clauses: The JBCL and the Judicial Branch Contracting Manual adopted pursuant thereto require that court contracts include certain clauses. The appendix includes all such clauses and indicates in which contracts those clauses are required. To ensure compliance with the JBCL, the appendix will be deemed to be incorporated, in whole or in part, into any contract to which the court is a party, to the extent that the contract lacks a required clause. (Eff. 1/1/21) (Renumbered 1/1/25.)
CHAPTER 2 - ADMINISTRATION AND DISTRIBUTION OF JUDICIAL RULE 2.1 - COURT HOLIDAYS The court will observe a holiday occurring on a Saturday on the proceeding Friday and a holiday occurring on a Sunday on the following Monday, pursuant to CRC 1.11 and Code of Civil Procedure section 135. The court observes all judicial holidays as prescribed by law. (See Code of Civil Procedure sections 133-136 and
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. Documented layout fixes (whitespace only, read on the page; the proofs hold): two items the reflow set on their own lines joined to their sentences (“(iv) maintain proper judicial decorum.”, “(a) probate”). Review note: The chapter's heading reads “ADMINISTRATION AND DISTRIBUTION OF JUDICIAL” in the body and in the table of contents. Rule 2.10(b) sets service providers' maximum fees in a Service Rate Schedule “available on the court's website”; the crawl of the court's website on 2026-10-07 found no such schedule (a review task). Published as printed: Rule 2.1 “on the proceeding Friday”; Rule 2.4(c)(iii) marks its factors with periods; Rule 2.12 begins at subdivision “c)”.
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.