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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).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 3 - EXPEDITED CIVIL TRACK MANAGEMENT SYSTEM (ECT) RULE 3.1 - OBJECTIVES These ECT rules are intended to implement the Trial Court Delay Reduction Act (Government Code section 68600 et seq.) and to bring general civil actions to disposition by trial, settlement, or other means as expeditiously as possible and within reasonable guidelines established by the court. These ECT rules apply to all general civil cases filed after the effective date of this rule. No action or proceeding may be removed from the process set forth in this chapter because of a challenge filed under Code of Civil Procedure section 170.6. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/21) RULE 3.2 - DEFINITION “General civil cases” means all civil cases except probate, guardianship, conservatorship, juvenile justice, juvenile dependency, and family law proceedings (including proceedings under divisions 6-9 of the Family Code, Uniform Parentage Act, Domestic Violence Prevention Act, and Uniform Interstate Family Support Act; freedom from parental custody and control proceedings; and adoption proceedings), small claims proceedings, unlawful detainer proceedings, and petitions to prevent civil harassment, elder abuse, and workplace violence; petitions for name change; election contest petitions; and petitions for relief from late claims. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/22) (Rev. 1/1/25.) RULE 3.3 - TIME STANDARDS The court adopts the case disposition time standards as set forth in Standards of Judicial Administration, standards 2.1 and 2.2 and the Economic Litigation for Limited Civil Cases Act (Code of Civil Procedure sections 90-100). It is the policy of the court to strive to meet these time standards from the filing of the initial pleading to disposition of general civil cases in the following manner: 90% within 12 months, 98% within 18 months, and 100% within 24 months. Timelines are as follows: Filed Date +60 Summons and complaint must be served no later than sixty (60) calendar days after the filing of the complaint. Except as otherwise provided by law, the court may extend any time requirements for service of process and return of summons upon a showing of good cause by the litigant. +90 Responsive pleadings will be served upon each party entitled to service no later than thirty (30) calendar days after service of the complaint or the cross- complaint +105 upon each party, unless an extension, not exceeding fifteen (15) calendar days, is obtained by stipulation of all parties or by order of the court granting the responding party’s motion for relief from the time limit. +120 Cross-complaint(s) must be served within thirty (30) calendar days of filing +135 responsive pleading(s), [except that a cross-complaint against new parties must be served within fifteen (15) calendar days of filing the responsive pleading(s)]. +150 Filing and service of response(s) must be made within thirty (30) calendar days of +165 service of the cross-complaint(s). +120 Case management conference (CMC) is set approximately one hundred twenty (120) calendar days after the filing of the initial pleading. (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 7/1/18) (Rev. 1/1/21) RULE 3.4 - CASE MANAGEMENT a) Notice of Inclusion: At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaint and a copy with proofs of service filed in the case. b) Case Management Statement: Each party must file and serve a case management statement on the other parties no later than fifteen (15) calendar days before the CMC. A case management statement must contain the following information, whether or not a Judicial Council form is used: i. The names, addresses, phone and fax numbers of all attorneys of record and whom they represent; ii. A brief outline of the nature of the case; iii. The estimated court time to dispose of the case, including separate estimates of time for motions and trial; iv. The estimated date the case will be ready for trial and whether or not a jury trial is demanded; v. The efforts made at settlement, what issues remain in dispute and whether further settlement conferences would be productive; vi. The status of discovery and if not completed, what type of discovery remains and the date it is scheduled to be completed; vii. A statement specifying the date, time spent, and results of the meet and confer required by Local Rule 3.4(c); viii. A statement indicating whether or not the case is suitable for judicial arbitration or alternative dispute resolution and reasons therefor; ix. The trial attorney’s availability calendar for the 4th, 5th, and 6th months following the month in which the CMC is heard; x. Proof of service that the case management statement was served upon all necessary parties; and xi. Other information pertinent to the court’s ECT. c) Meet and Confer: Prior to the filing of the case management statement, parties must meet and confer in person or by telephone regarding the case. The results of this meet and confer must be summarized and included in the case management statement. d) Case Management Conferences (CMC): i. Calendaring: The CMC will be calendared as provided in the notice of inclusion (see Local Rule 3.4(a)) or to an earlier date if the parties sign a stipulation requesting such date. Counsel for each party and each self-represented party must participate in the CMC either by appearing in person or by telephone. Telephonic appearances are permitted, unless otherwise ordered or directed by the court. ii. Participation: Each party must be fully prepared to discuss the following at the CMC: A. All items addressed in the case management statements. B. Any other matters that would achieve the interests of justice and the timely disposition of the case. iii. Continuances: A. By Stipulation: Parties requesting an initial continuance must submit a stipulation signed by all parties and a declaration stating the reason for the request. The clerk must receive this request as soon as possible, but no later than the court day before the scheduled CMC. The stipulation must include the date of the rescheduled CMC, which should be no later than thirty (30) calendar days after the initial CMC was set. Any further continuances may only be granted upon filing of a proper motion and order of the court. B. Without Stipulation: Parties requesting a non-stipulated continuance must file a noticed motion and set a hearing date prior to the scheduled CMC. A declaration and proof of service must support the motion. The motion will be granted upon a finding of good cause. iv. Orders: To achieve expeditious resolution of these matters, the court must evaluate each case, take appropriate actions, and make necessary orders. Such actions or orders may include: A. Designating the case as an “uninsured motorist” case pursuant to CRC 3.712. B. Designating the case as exempt from differential case management by reason of exceptional circumstances pursuant to CRC 3.714(c), in which case there will be established a case progression plan and a procedure to monitor case progression in order to assure disposition within three (3) years. C. Consolidating cases. D. Referring the case to judicial arbitration, subject to Government Code Section 68616(g). The court will accept stipulations to refer a case to arbitration earlier than as set forth in that code section. E. Setting the case for trial and mandatory settlement conference. F. Continuing the case for further CMC. G. Severing or bifurcating causes of actions or issues. H. Setting discovery schedules. I. Setting a date for a special settlement conference. J. Dismissing the action in whole or in part. K. Assigning the case, upon stipulation, to ADR. L. Determining whether the case is one in which a right to a jury trial is available. (Eff. 1/1/92) (Rev. 1/1/96) (Rev. 7/1/99) (Rev. 7/1/08) RULE 3.5 - MOTION FOR RELIEF FROM TIME LIMITS Motions for relief from any of the provisions of this chapter must be brought before the judge. Any relief motion must be signed by (i) the attorney, if any, and (ii) the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, which declaration sets forth facts establishing the unavailability of the moving party. If the judge or his or her designee grants a motion for relief from time limits, the matter will be reset on a specific date at the time the motion is granted. Motions for relief from time limits set forth in this chapter will be made and may be granted only upon a showing of good cause. (Eff. 1/1/92) (Amended 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 3.6 - MOTIONS Notwithstanding these ECT rules, any party may file a motion on the law and motion calendar. The CMC calendar is not a law and motion calendar. (Eff. 7/1/99) (Rev. 7/1/08)
CHAPTER 3 - EXPEDITED CIVIL TRACK MANAGEMENT SYSTEM (ECT) RULE 3.1 - OBJECTIVES These ECT rules are intended to implement the Trial Court Delay Reduction Act (Government Code section 68600 et seq.) and to bring general civil actions to disposition by trial, settlement, or other means as expeditiously as possible and within reasonable guidelines established by the court. These ECT rules apply to al
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): a cross-reference split at a line end joined (“(see Local Rule 3.4(a))”); the timeline's “+165” set on its own line, as printed. Review note: Rule 3.3's timeline is a two-column table (the days after filing, the step); its lines are set as the page prints them, so the day counts stand beside the lines they head.
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.