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Chapter 8 (Rules 8.1 to 8.9): the law and motion department (Rule 8.1); continuances - one stipulated continuance not exceeding forty five (45) calendar days, submitted at least 24 hours before the hearing (48 hours before a visiting judge) (Rule 8.2); motions (Rule 8.3); argument ordinarily limited to 15 minutes per side and oral testimony (Rule 8.4); summary judgment (Rule 8.5); proposed orders within five (5) calendar days of the ruling (Rule 8.7); sanctions (Rule 8.8); and relief from the local rules (Rule 8.9).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 8 - LAW AND MOTION RULES RULE 8.1 - LAW AND MOTION DEPARTMENT The rules in this chapter apply to matters as defined in CRC 3.1103. These matters include the following types of actions: petitions for changes of name, emancipation of minors, applications for appointment of a guardian ad litem pursuant to Code of Civil Procedure section 373, and all other matters as may be designated by the court. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.2 - CONTINUANCES As it is the policy of the court to avoid unnecessary delays in law and motion matters, requests for continuances must be based on good cause. The parties may stipulate, in writing, one time to continue a law and motion matter for a reasonable amount of time not to exceed forty five (45) calendar days. The moving party must submit this request to the clerk’s office by mail or fax at least (i) 24 hours before the scheduled hearing, or (ii) 48 hours before the scheduled hearing, if the hearing is before a visiting judge. The parties must make all other requests for stipulated continuances of law and motion matters to the judge scheduled to hear the matter with parties in attendance. The request must indicate good cause for the continuance and describe the bases for previous continuances, if any. Failure to appear at the date and time set for the hearing may result in the matter being dropped from the calendar. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.3 - MOTIONS All motions must comply with CRC 3.1110 - 3.1116 and 3.1300 - 3.1302 regarding the format and filing of papers. The parties must also follow any other CRC prescribing the method or setting forth other requirements for presentation of papers for filing. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.4 - ARGUMENT AND ORAL TESTIMONY AT LAW AND MOTION CALENDAR a) The court will ordinarily not allow argument in excess of 15 minutes per side. If an argument exceeds 15 minutes per side, the judge may determine the matter requires lengthier argument and set the matter for a special hearing. b) The court will ordinarily not allow extensive oral testimony on the law and motion calendar. If oral testimony is desired, the party must make a request to the law and motion judge, pursuant to CRC 3.1306, who may (i) grant the request and leave the matter as set, (ii) grant the request and re-calendar for a special setting, or (iii) deny the request and insist that the matter be heard on declarations. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.5 - SUMMARY JUDGMENT AND SUMMARY ADJUDICATION OF ISSUES All motions for summary judgment and summary adjudication of issues must conform to the requirements of Code of Civil Procedure section 437c, CRC 3.1350 - 3.1354, and applicable local rules. The court will strictly enforce these requirements. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.6 - RESERVED (Eff. 7/1/99) (Rev. 7/1/08) (Repealed 7/1/20) RULE 8.7 - PROPOSED ORDERS When the court’s ruling is to be reduced to a formal written order, the prevailing party must file with the court and serve upon all parties a proposed form of order within five (5) calendar days of the ruling, unless otherwise directed by the court. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.8 - SANCTIONS Failure to comply with any local rule or CRC may subject the party to sanctions pursuant to CRC 2.30 and Code of Civil Procedure sections 177.5 and 575.2. (Eff. 7/1/99) (Rev. 7/1/08) RULE 8.9 - RELIEF FROM LOCAL RULES Relief from applicability of these rules must be obtained by prior court approval. (Eff. 7/1/99)
CHAPTER 8 - LAW AND MOTION RULES RULE 8.1 - LAW AND MOTION DEPARTMENT The rules in this chapter apply to matters as defined in CRC 3.1103. These matters include the following types of actions: petitions for changes of name, emancipation of minors, applications for appointment of a guardian ad litem pursuant to Code of Civil Procedure section 373, and all other matters as may be designated by the c
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 fix (whitespace only, read on the page; the proofs hold): an item the reflow set on its own line joined to its sentence (“(i) 24 hours”).
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.