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Chapter 9 (Rules 9.1 to 9.5): definitions (Rule 9.1); civil ex parte applications under CRC 3.1200 - 3.1207 - notice to the court on or before 10:00 a.m. the day before the 11:00 a.m. hearing, moving papers to the opposing party no later than 3:00 p.m. the day before, written opposition by 10:00 a.m. on the day of the hearing, and matters not appropriate for ex parte relief (Rule 9.2); harassment and violence prevention proceedings, filed no later than 10:00 a.m. for the same day (Rule 9.3); probate ex parte applications, temporary conservators and guardians included (Rule 9.4); and family law ex parte applications under CRC 5.151 - 5.170, handled on the documents submitted - notice by 10:00 a.m. on the court day before, the applicant's papers and Judicial Council Form FL-303 by 3:00 p.m., orders issued by approximately 11:00 a.m., domestic violence applications filed by 10:00 a.m. for the same day, and the exclusive use of a vehicle, removal from a residence, modified orders and set-asides (Rule 9.5).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 9 - EX PARTE APPLICATIONS RULE 9.1 - DEFINITIONS For purposes of this chapter, the terms below shall have the meanings assigned to them in this rule. a) Applicant: The term “applicant” means the person seeking ex parte relief, or that person’s counsel. b) Opposing Party: The term “opposing party” is the person (or persons) against whom the applicant is seeking ex parte relief, or such person’s counsel. (Eff. 7/1/20) RULE 9.2 - LAW AND MOTION a) Statewide Rules of Court: All applications for civil ex-parte orders must comply with CRC 3.1200 - 3.1207, including the notice requirements of CRC 3.1203 and3.1204. b) Notice to Court: The applicant is requested to notify the court by telephone or in person of the ex parte hearing on or before 10:00 a.m. the day before the matter is scheduled to be heard at 11:00 a.m. The party requesting the ex parte hearing will also inform the court if the other party intends to file a written objection to the relief requested. The applicant must provide a copy of the moving papers to the opposing party as soon as is reasonably possible, but no later than 3:00 p.m. on the day before the ex parte application will be heard. The opposing party must provide a copy of any written opposition to the applicant and to the court as soon as possible, but in no event later than 10:00 a.m. on the day of the hearing on the ex parte application. c) Telephone Appearances: Telephone appearances at ex parte application hearings are governed by CRC 3.670. d) Matters Not Appropriate for Ex Parte Applications: An ex parte application must contain an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte. Matters not appropriate for ex parte applications are to be submitted to the clerk’s office. If the matter is urgent, a request to expedite may be made. The following types of orders may not be appropriate for ex parte applications: (i) stipulated orders in an existing case, (ii) orders after hearing, (iii) judgment after trial, and (iv) default judgments. Stipulations for orders to continue trial, mediation, or case management may be submitted to the clerk’s office without a noticed ex parte hearing. (Eff. 7/1/20) (Rev 7/1/22)(22) (Rev. 1/1/24) (Rev. 1/1/25) (Rev. 1/1/26) (Rev. 7/1/26) RULE 9.3 - HARASSMENT AND VIOLENCE PREVENTION a) Application: This local rule applies to (i) civil harassment prevention proceedings (Code of Civil Procedure section 527.6), (ii) group violence prevention proceedings (Code of Civil Procedure section 527.7), (iii) workplace violence prevention proceedings (Code of Civil Procedure section 527.8), (iv) gun violence prevention proceedings (Penal Code section 18100 et seq.), and (v) elder or dependent adult abuse prevention proceedings (Welfare and Institutions Code section 15657.03). b) Telephone Appearances: Telephone appearances at ex parte application hearings are governed by CRC 3.670. c) Filing: Ex parte applications must be filed with the clerk’s office no later than 10:00 a.m. for the application to be considered the same day. d) (Eff. 7/1/20) (Rev. 1/1/21) (Rev 7/1/22) RULE 9.4 - PROBATE a) Application: This local rule applies to proceedings under the Probate Code. Appropriate ex parte applications include, without limitation, applications for special administration, applications for the appointment of temporary conservators/guardians, and applications for orders shortening time. b) Timelines: i. Appointment of Temporary Conservator/Guardian: For ex parte applications for the appointment of a temporary conservator/guardian, the applicant must contact the court’s clerk to schedule the ex parte application hearing. The hearing date will be set taking into consideration notice requirements and any required investigation. Once the hearing is scheduled, the applicant must submit the application to the clerk’s office as soon as possible, but no later than 10:00 a.m. on the court day before the hearing date. ii. Other Applications: For all other ex parte applications, the applicant must, by 10:00 a.m. on the court day before the intended ex parte hearing, (i) call the court to schedule the hearing and (ii) submit the application to the court. c) Telephone Appearances: Telephone appearances at ex parte application hearings are governed by CRC 3.670. (Eff. 7/1/20) (Rev 7/1/22) RULE 9.5 - FAMILY LAW a) Appropriate Orders: Ex parte applications are appropriate for (i) orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter, (ii) orders to help prevent immediate loss or damage to property subject to disposition in the case, or (iii) orders about certain procedural matters, such as orders for shortening time. b) No Hearing: Unless otherwise directed by the court, all ex parte applications in family law matters are handled on the documents submitted. c) Statewide Rules of Court: All applications for ex-parte orders in family law matters must comply with CRC 5.151 - 5.170. d) Notice: i. Notice to Opposing Party: Notice, or waiver of notice, to the opposing party is governed by CRC 5.165. Notice may be given to the opposing party in person, by telephone, by voicemail, by fax, by electronic means (if permitted by Code of Civil Procedure section 1010.6), by overnight mail, or by other overnight carrier. Notice must be given by 10:00 a.m. on the court day before the court will consider the ex parte application. For example, if notice given by 10:00 a.m. on a Friday, the court will consider the application on the following Monday, if the Monday is a court day. ii. Notice to Court: On the day notice is given to the opposing party, the applicant must contact the clerk by 10:00 a.m. to request inclusion on the ex parte calendar for the next court day. d) Submission of Papers to Court: i. By Applicant: The applicant must submit to the clerk’s office no later than 3:00 p.m. on the day before the court will consider the ex parte application (i) all ex parte moving papers, and (ii) Judicial Council Form FL-303 (“Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders”). The applicant must, in the ex parte moving papers, disclose (a) that an ex parte order will result in a change in the current situation or status quo, and (b) whether orders are already in effect regarding the same issue. ii. By Opposing Party: The opposing party must submit any written opposition to the clerk’s office as soon as possible, but in no event later than 10:00 a.m. on the day the court will consider the ex parte application. e) Provision of Papers to Parties. i. By Applicant: The applicant must provide a copy of the moving papers to the opposing party no later than 3:00 p.m. on the day before the court will consider the ex parte application. ii. By Opposing Party: The opposing party must provide a copy of any written opposition to the applicant and to the court as soon as possible, but in no event later than 10:00 a.m. on the day the court will consider the ex parte application. iii. Method: The moving papers or written opposition may be delivered in person, by email, or by fax. f) Issuance of Orders: Family law ex parte orders are issued by approximately 11:00 a.m. on the day the court considers the application. If the applicant decides to abandon an ex parte application, normal procedures should be followed to take a matter off the court’s calendar. g) Domestic Violence Restraining Orders: Ex parte applications in connection with domestic violence prevention proceedings (Family Code section 6320 et seq.) must be filed with the clerk’s office no later than 10:00 a.m. for the application to be considered on the same day. h) Exclusive Use of a Vehicle: The court will not issue an ex parte order for exclusive use of a vehicle unless the declaration demonstrates (i) that the opposing party has suitable transportation available, (ii) that the opposing party requires no such transportation, or (iii) other good cause. i) Removal From Residence: The court will not issue an ex parte order removing a party from a residence without supporting declarations as required by applicable law. j) Modified Orders: If the court modifies a requested order, the applicant must incorporate the changes into all copies before filing and service. k) Set Aside of Ex Parte Order: If an opposing party requests that an ex parte order be set aside prior to the date set for a hearing, the opposing party must give notice to the applicant. The court may order an earlier hearing date or modify the order on a proper showing in lieu of setting aside the order. (Eff. 7/1/20) (Rev. 7/1/22) (Rev. 7/1/24) (Rev. 1/1/25)(Rev. 7/1/26)
CHAPTER 9 - EX PARTE APPLICATIONS RULE 9.1 - DEFINITIONS For purposes of this chapter, the terms below shall have the meanings assigned to them in this rule. a) Applicant: The term “applicant” means the person seeking ex parte relief, or that person’s counsel. b) Opposing Party: The term “opposing party” is the person (or persons) against whom the applicant is seeking ex parte relief, or such pers
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 (“(ii) Judicial Council Form FL-303”). Review note: The court's Family Law page gives ex parte steps that differ from Rule 9.5: it says to call the clerk by 11:00 a.m. the day notice is given (Rule 9.5(d)(ii): by 10:00 a.m.) and that family law ex parte hearings are generally scheduled at 11:00 a.m., Monday through Friday, in Department 1 (Rule 9.5(b): applications are handled on the documents submitted unless the court directs otherwise). The card prints the rule; a review task asks the court. Published as printed: Rule 9.3 sets its history note under a subdivision “d)”, and Rule 9.5 letters two subdivisions “d)”.
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.