Loading…
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).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 5 - SETTLEMENT CONFERENCES RULE 5.1 - SETTING A SETTLEMENT CONFERENCE a) The local rules set forth in this chapter are adopted to implement CRC 3.1380 and will apply to all settlement conferences whether mandatory or voluntary. A settlement conference may be set as follows: i. At the request of any party on the at-issue memorandum or counter at-issue memorandum. ii. By the court’s own motion at any time in the interest of justice and to ensure timely disposition of civil cases. iii. By the court or any party at the time of the CMC. iv. At the request of any party applying to the court for a specially set settlement conference. v. A further settlement conference may be set prior to the date set for trial at the request of a party or by the court at the time of initial settlement conference. b) This rule does not prohibit any party from filing a motion on the law and motion calendar, which is generally a separate calendar. c) The court will not continue a settlement conference except upon a filing of a noticed motion. The court will hear the motion at the settlement conference unless an earlier date is requested and ordered. (Eff. 7/1/99) (Rev. 7/1/08) RULE 5.2 - SETTLEMENT CONFERENCE STATEMENT Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading or letter form, at least five (5) court days prior to the settlement conference. In addition to the requirements listed in CRC 3.1380(c), the settlement conference statement must include: a) A caption including the date and time of the settlement conference and trial date, if set; b) The names of the parties and the dates, times, and locations giving rise to the controversy before the court; c) A summary of the important facts of the case indicating the parties’ theories of liability; d) A statement of any and all legal issues to be resolved by the court; e) Copies of all relevant portions of key documents upon which the litigation is based and upon which any party intends to rely; f) A list of all motions in-limine to be made at the time of trial; g) A list of damages, current and future, and the legal and factual support thereof; h) A summary of all previous settlement negotiations; i) If an insurance carrier is involved and there are any reservations of rights or policy defenses, the legal and factual support therefor; and j) Any other information as that may be directed by the court. (Eff. 1/1/92) (Amended 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 5.3 - DUTY TO NOTIFY COURT OF SETTLEMENT It is the duty of counsel, or the self-represented party, to inform the court immediately if the case is settled. Notice must be given to the court by filing a written notice of settlement, including any required attachments. Any party may move to seal a settlement agreement attached to the notice of settlement. Failure to notify the court in writing of settlement may be cause for sanctions. (Eff. 1/1/92) (Amended 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 5.4 - SETTLEMENT OF JURY TRIALS a) In the interest of jurors and taxpayers, the court strongly encourages parties to settle cases set for jury trial no later than 3:00 p.m. on the court day preceding the trial date. The court must be informed immediately of any settlement. b) Parties must, during the week preceding the date fixed for the trial, keep the court’s calendar secretary advised as to the likelihood of settlement and any other factors that affect the readiness of the case. (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 7/1/18) RULE 5.5 - DUTIES OF PARTY AT CONFERENCE The trial counsel for each party and each self-represented party must attend the settlement conference. Each party must be familiar with the case so that he or she is able to discuss thoroughly all aspects of the case. (Eff. 7/1/99) (Rev. 7/1/08)
CHAPTER 5 - SETTLEMENT CONFERENCES RULE 5.1 - SETTING A SETTLEMENT CONFERENCE a) The local rules set forth in this chapter are adopted to implement CRC 3.1380 and will apply to all settlement conferences whether mandatory or voluntary. A settlement conference may be set as follows: i. At the request of any party on the at-issue memorandum or counter at-issue memorandum. ii. By the court’s own moti
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.
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.