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Chapter 6 (Rules 6.1 and 6.2): civil jury trials - the first day's jury fee deposit of $150 no later than twenty-five (25) calendar days before trial (five (5) calendar days in unlawful detainer actions), waiver, jury demands, and law enforcement officers excused from jury service (Rule 6.1); trial briefs in jury trials, long cause bench trials and family law trials - their contents, filing and service with motions in limine at least ten (10) court days before trial, oppositions at least two (2) court days before, submission in Microsoft Word or PDF and by email, and sanctions (Rule 6.2).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 6 - TRIALS RULE 6.1 - CIVIL JURY TRIALS a) Jury Fee Deposits: For all civil matters scheduled for a jury trial, other than unlawful detainer actions, the clerk’s office must receive the first day’s jury fee deposit of $150 no later than twenty-five (25) calendar days prior to trial. In unlawful detainer actions, the clerk’s office must receive the first day’s jury fee deposit of $150 no later than five (5) calendar days prior to trial. b) Waiver: Upon waiver of trial by jury by announcement or by operation of law, any demand for trial by jury by opposing counsel must be accompanied by a jury fee deposit of $150. c) Nonrefundable: Jury fee deposits are nonrefundable. d) Demand for Jury Trial: All civil cases set for trial in which there is an entitlement to a jury will be deemed to have a jury demand made by plaintiff absent a waiver in writing or in open court. If no waiver is made, plaintiff must pay the jury fee deposit. If plaintiff waives a jury, either by actual waiver or by failure to deposit the correct jury fee deposit as set out in (a), any other party may demand a jury and be responsible for the jury fee deposit consistent with Code of Civil Procedure section 631(b). e) Jury Selection: Per the standing order of the court and per Code of Civil Procedure sections 219 and 219.5, law enforcement officers are excused from both civil and criminal jury service. For a Law Enforcement Officer to be excused pursuant to these statutes, the Law Enforcement Officer subject to jury summons must provide the court, within the time for requesting to be excused, their badge number, the name of the law enforcement agency with which they serve, and a written statement that they are currently employed by said agency. The written statement shall be signed as follows: “I declare under the penalty of perjury of the laws of the State of California that the foregoing information is true and correct. date: ______________________________________________ Signature of (printed name)” (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/12) (Rev. 1/1/16) (Rev. 7/1/18) (Rev. 7/1/26) RULE 6.2 - TRIAL BRIEFS (JURY TRIALS, LONG CAUSE BENCH TRIALS, FAMILY LAW TRIALS) a) Content of Trial Brief: A trial brief must contain the following: i. an expected exhibit list; ii. an expected witness list and a brief summary of expected testimony of each witness; iii. a list of any witness problems that may interfere with the timely conduct of the trial; iv. any other issues that will have to be dealt with by the trial judge; v. for jury trials, a list of proposed jury instructions compliant with CRC 2.1055., b) Civil Trials: In all civil jury trials and long cause civil bench trials, each party must file with the court and serve on the other party or parties: i. a trial brief; and ii. all motions in limine, along with supporting points and authorities. In addition, the plaintiff must file with the court and serve on the defendant(s) a proposed verdict form. These items must be filed and served at least ten (10) court days prior to the trial date or at such other time as the court may order. Any opposition to a motion in limine must be filed with the court and served on the other party or parties at least two (2) court days prior to the trial date or at such other time as the court may order. c) Family Law Trials: In all family law trials, each party must file with the court and serve on the other party or parties: i. a trial brief; and ii. all motions in limine, along with supporting points and authorities. These items must be filed and served at least ten (10) court days prior to the trial date or at such other time as the court may order. Any opposition to a motion in limine must be filed with the court and served on the other party or parties at least two (2) court days prior to the trial date or at such other time as the court may order. d) Submission Format: All items required to be filed pursuant to this rule must be submitted to the court electronically in a Microsoft Word or PDF file. Microsoft Word or PDF files must also be emailed to the court using the following email address: clerk@sanbenito.courts.ca.gov. Self-represented parties are exempt from the requirement to submit an electronic copy, and may submit a copy on paper during normal court hours. Upon a showing of undue hardship or significant prejudice, any other party will be exempted from the requirement to submit an electronic copy and may submit a copy on paper during normal court hours. e) Sanctions: Failure to timely file the required items may result in the trial being vacated, the imposition of monetary sanctions including payment of costs and fees, or in trial sanctions precluding the litigation of issues or the exclusion of evidence. The court has authority to impose these sanctions on its own motion. The sanctions may also be requested by an adverse party on noticed motion. (Eff. 1/1/11) (Rev. and renumbered 1/1/12) (Rev. 1/1/16) (Rev. 1/1/22) (Rev. 1/1/23) (Rev. 1/1/24)
CHAPTER 6 - TRIALS RULE 6.1 - CIVIL JURY TRIALS a) Jury Fee Deposits: For all civil matters scheduled for a jury trial, other than unlawful detainer actions, the clerk’s office must receive the first day’s jury fee deposit of $150 no later than twenty-five (25) calendar days prior to trial. In unlawful detainer actions, the clerk’s office must receive the first day’s jury fee deposit of $150 no la
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: Published as printed: Rule 6.2(a)(v) “compliant with CRC 2.1055.,”.
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.