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36 rules
The court's weekly calendar schedule effective 7/1/2026: Department 1, Hon. J. Omar Rodriguez (Presiding Judge) - Monday conflict hearings (every other week), probate, adoptions, CARE Court and juvenile dependency (W&I 300), Tuesday restraining order hearings, Wednesday family law, Thursday 1:30pm civil unlimited case management conferences and law & motion, Friday bench trials; Department 2, Commissioner Page B. Galloway - Monday traffic trials and traffic walk-ins, Tuesday pre-trial conferences (as needed), Thursday child support (every other week), Friday settlement conferences and small claims, limited civil and unlawful detainer; Department 3, Hon. Patrick K. Palacios (Assistant Presiding Judge) - the early resolution, trial readiness and conflict calendars and juvenile justice (W&I 602) on Mondays, pre-trial conferences, collaborative courts, arraignments, the felony criminal calendars, preliminary hearings, bench trials, contested hearings, motions and last dayers. The posted case calendars are prepared seven to ten days before an appearance and may change.
For all criminal filings, filers request access to the court's SharePoint filing system by an electronic form (in accordance with Rule 10.13, which makes electronic filing mandatory starting January 1st, 2023), receive an email and open the San Benito Filings link to file; the step-by-step instructions are How to File in SharePoint; filers should review the documents the Court returns after filing.
Juvenile Dependency cases, including transfer in cases, are heard on Monday mornings beginning at 10:30 a.m. in Courtroom 1, and Juvenile Delinquency cases on Monday afternoons beginning at 2:00 p.m. in Courtroom 3, at 450 Fourth Street, Hollister; juvenile cases are strictly confidential - no information is given on the phone, and parties must present identification. With information on the dependency and juvenile justice proceedings.
All hearings are held in person. Civil: a party may request to appear remotely by filing the Notice of Remote Appearance (RA-010) under Code of Civil Procedure 367.75, with the Order of Notice of Remote Appearance (RA-020); requests are reviewed hearing by hearing only, a request for the entirety of a case is rejected, and an opposition is filed on RA-015. Criminal: attorneys may request to appear remotely on the Request for Remote Appearance: Criminal local form (SB-CR-12), in accordance with Local Rule 14.3, granted on a limited basis and hearing by hearing; and steps for preparing for a remote court proceeding.
The court's instructions for filing in SharePoint: navigating to the system from the invitation email; scanning and naming documents with the exact document name and case number; creating an upload - the File Type, the Title formatted with the case caption, a new upload for each party, the Date of Hearing, the Filing Type and Case type, attachments, and no edits after saving; subsequent uploads; the View Status tiles; the “Completed”, “Rejected” and “Incomplete” notifications (the court no longer provides conformed copies); and, for incomplete uploads, a new upload labeled as a subsequent filing.
The court's guidelines for media coverage of court proceedings consistent with California Rules of Court, Rule 1.150: one or two media requests and orders per case for each media agency, coverage only on written order of the judge, an order for the initial hearing extending to subsequent hearings; requests on Judicial Council form MC-500 with a proposed order on form MC-510, filed at least five (5) court days before the proceeding, by email to media@sanbenitocourt.org or at the Clerk's Office / Attorney Service window; the clerk's review, filing and forwarding to the judge and the conformed order presented to the bailiff; and the exception for a case set less than five (5) days in advance.
The court's procedure (6/4/2021) for petitions under AB1950, handled without placing the matters on calendar: felony petitions by Probation in mass (eligibility within 30 days, service on the District Attorney and Defense Attorney) and by the defendant or attorney, and misdemeanor petitions by the defense attorney in mass and by the defendant; the Court holds each petition for 10 calendar days for a written objection by the District Attorney, submits it to a judicial officer on the 11th day if none is filed, or places the matter on calendar within 10 calendar days of an objection; and an Order after Hearing states the new expiration date of probation.
Chapter 1 (General Rules; Rules 1.1 to 1.9): the local rules apply to all matters filed in the court and supplement the statutes and the California Rules of Court (Rules 1.1 and 1.2); unification (Rule 1.3); abbreviations (Rule 1.4); smoking, e-cigarettes included, prohibited in all court facilities (Rule 1.5); electronic devices silenced before entering a courtroom, no photographing, recording or broadcasting without advance permission from the judge or commissioner (Rule 1.6); photographing, recording and broadcasting in the courthouse, governed by CRC 1.150, with media coverage requested on mandatory Judicial Council form MC-500 (Rule 1.7); peace officer use of body-worn cameras in the courthouse (Rule 1.8); and electronic signatures by a judge or commissioner (Rule 1.9).
Chapter 10 (Rules 10.1 to 10.14): requests for copies (Rule 10.1); consolidation (Rule 10.2); the repealed facsimile rule and Rule 10.3, Responsibility for Content Generated Using Artificial Intelligence - users of generative AI remain fully responsible for the accuracy of facts and legal authorities, and misuse may result in sanctions (Rule 10.3); substitution and withdrawal of counsel (Rule 10.4); the attorney fee schedule on default judgments, $250 for the first $1,000 (Rule 10.5); family law judgments (Rule 10.6); cases removed to federal court (Rule 10.7); arbitration, an arbitrator assigned within thirty (30) calendar days (Rule 10.8); mediation (Rule 10.9); interpreters (Rule 10.10); court reporting services - the matters with an official court reporter, those without, private reporters, and fee waiver requests on FW-020 at least ten (10) calendar days ahead (Rule 10.11); tentative rulings for civil law and motion, probate and family law, available by 3:00 p.m. on the court day before the hearing (Rule 10.12); electronic filing, mandatory for covered cases beginning January 1, 2023, through an eFiling Provider, text-searchable PDF with electronic bookmarks, documents received by 11:59 p.m. deemed filed that court day (Rule 10.13); and remote appearances in civil cases on Zoom (Rule 10.14).
Chapter 11 (Rules 11.1 to 11.17): the family law and motion calendar and the meet and confer requirement (Rule 11.1); financial issues - a current Income and Expense Declaration and documents exchanged five (5) court days before the hearing (Rule 11.2); hearing dates, preliminary disclosures on FL-141, the calendar call and special sets over 30 minutes (Rule 11.3); motions and orders to show cause, tentative rulings and remote appearances (Rule 11.4); orders after hearing (Rule 11.5); child and spousal support (Rule 11.6); restraining orders on the CLETS form (Rule 11.8); child custody and visitation (Rule 11.9); court-appointed investigators and evaluators, the report generally due within sixty (60) court days (Rule 11.10); mediation of custody and visitation through Family Court Services (Rule 11.11); the family law facilitator (Rule 11.12); the child support commissioner (Rule 11.13); the co-parenting course, the Judicial Council's online “Parenting After Separation” (Rule 11.14); the communication protocol for domestic violence and custody orders (Rule 11.15); supervised visitation providers' FL-324(P) and FL-324(NP) declarations (Rule 11.16); and family law settlement conferences (Rule 11.17).
Chapter 13 (Rules 13.1 to 13.12): application and authority under CRC 5.660(a) (Rules 13.1 and 13.2); competency of attorneys in juvenile dependency proceedings - the Certification of Competency submitted within ten (10 ) court days of appointment, renewal, competency periods, minimum training of at least eight hours, decertification and evidence of training (Rules 13.3 to 13.5); standards of representation (Rule 13.6); the written Waiver of Rights-Juvenile Dependency (form JV-190) (Rule 13.7); complaints about appointed attorneys, reviewed within ten (10) court days (Rule 13.8); informing the court of a dependent child's interests on Judicial Council Form JV-100 (Rule 13.9); hearing timelines - detention, jurisdiction, disposition, review hearings, writ petitions, the selection hearing and notices of appeal (Rule 13.10); guardians ad litem (Rule 13.11); and Court Appointed Special Advocates, their reports at least five (5) court days before the hearing (Rule 13.12).
Chapter 14 (Rules 14.1 to 14.13): filing criminal complaints - arraignment by a designated judge and assignment for all purposes, page limits, probation violation complaints (Rule 14.1); deadlines - in-custody complaints filed no later than 11:00 a.m. on the arraignment day, out-of-custody complaints no later than 4:00 p.m. five (5) court days before, probation reports (Rule 14.2); appearances - scheduling, continuances under Penal Code section 1050, the presence of the accused, appearance of counsel and remote appearances (Rule 14.3); motions - Penal Code sections 995 and 1538.5 motions noticed within ten (10) court days of arraignment, discovery, subpoenas duces tecum, release and bail motions, ex parte matters, orders shortening time, post-trial motions (Rule 14.4); the pre-trial conference calendar (Rule 14.5); the trial readiness calendar (Rule 14.6); the bond and bail schedule (Rule 14.8); search warrants (Rule 14.9); exhibit management (Rule 14.10); habeas (Rule 14.11); written plea forms for all misdemeanor and felony matters (Rule 14.12); and defendants' clothing, criminal protective orders and community service credit (Rule 14.13).
Chapter 15 (Rules 15.1 to 15.17): the preamble (Rule 15.1); consolidation of related cases (Rule 15.2); service of a blank LF-PRB-104, Objection to Petition for Guardianship, with proof of service within sixty (60) days (Rule 15.3); captions (Rule 15.4); signing and verification (Rule 15.5); additional notice (Rule 15.6); the wording of probate orders (Rule 15.7); orders and affidavits of publication filed at least three (3) court days before the hearing (Rule 15.8); family allowance (Rule 15.9); petitions for final distribution (Rule 15.10); accounts (Rule 15.11); petitions to establish the fact of death (Rule 15.12); guardianship annual reports (Rule 15.13); tentative rulings under Local Rule 10.12 (Rule 15.14); attorney fees in guardianships, conservatorships and trusts - a written contract where expenses will exceed one thousand dollars ($1,000.00) (Rule 15.15); court investigations of petitions to appoint guardians or conservators (Rule 15.16); and notice of a conservatee's death within ninety (90) days (Rule 15.17).
Chapter 16, Minor Violations (Rules 16.1 and 16.2): remote arraignments in traffic infraction cases under California Rules of Court, rule 4.220 - authorization, notice, requesting or objecting, conduct and limitations (Rule 16.1); and delegated review of ability-to-pay petitions under Government Code §68645.3 for petitioners who attest to receiving public benefits (Rule 16.2).
Chapter 16, Superior Court Writs and Petitions for Review (Rules 16.1 to 16.5): habeas corpus (Rule 16.1, referring to rule 14.11); felony writs (Rule 16.2); administrative writs under Code of Civil Procedure section 1094.5 - the administrative record lodged in electronic format, its organization and file names, and a joint appendix where the record exceeds 2,000 pages (Rule 16.3); traditional writs of mandamus under section 1085 (Rule 16.4); and briefing schedules and page limits, the opening memorandum filed at least 45 calendar days before the hearing (Rule 16.5).
Chapter 2 (Rules 2.1 to 2.16): court holidays (Rule 2.1); the calendar policy of the presiding judge (Rule 2.2); the clerks' offices' hours posted on the Court's website (Rule 2.3); the presiding judge's term of two calendar years, selection, eligibility after four years and duties (Rule 2.4); the court executive officer (Rule 2.5); courtroom decorum (Rule 2.6); court records (Rule 2.7); “court day” (Rule 2.8); a judge's vacation day (Rule 2.9); service providers' maximum fees in the Service Rate Schedule (Rule 2.10); elisors in civil and probate cases and in family law cases, the elisor signing within up to three (3) court days (Rule 2.11); extraordinary compensation in decedents' estates, customarily $200 to $400 per hour for attorneys, $75 to $150 for paralegals and $20 to $50 for personal representatives (Rule 2.12); restricted areas (Rule 2.13); public access and the courthouse plaza, closed between 8 p.m. and 7 a.m. (Rule 2.14); the grievance procedure for judicial professionals, investigated within ninety (90) calendar days (Rule 2.15); and court contracts (Rule 2.16).
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).
Chapter 4 (Rules 4.1 to 4.3): civil cases outside the general civil definition of Local Rule 3.2, managed under CRC 3.720 - 3.771 (Rule 4.1); the at-issue memorandum filed within one hundred eighty (180) calendar days of the complaint, with available trial dates (Rule 4.2); and case management conferences on request (Rule 4.3).
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).
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).
Chapter 7 (Rules 7.1 to 7.3): complex litigation defined (Rule 7.1); classification at the first CMC and management under CRC Rules 3.400 to 3.403 (Rule 7.2); and CEQA cases (Rule 7.3).
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).
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).
The case management rules govern all applicable civil cases; a court may by local rule exempt specified types or categories of general civil cases if it has alternative case-processing and trial-setting procedures, which must be included in its local rules; wherever a court sets an initial case management conference, the rules apply.
Time periods under the California Rules of Court are computed by excluding the first day and including the last; if the last day is a Saturday, Sunday or other legal holiday it is excluded and the period runs to the next day that is not a holiday. Unless otherwise provided by law, the court may extend or shorten the time within which a party must perform any act under the rules.
Each ground of demurrer must be stated in a separate paragraph; a demurrer must be served and filed with a notice of hearing set under Code of Civil Procedure section 1005, for a hearing not more than 35 days after filing or on the first date available thereafter; following a ruling, leave to answer or amend within 10 days is deemed granted (5 calendar days in unlawful detainer and forcible entry or detainer cases), and the defendant has 10 days to answer or otherwise plead after the demurrer is overruled, the time to amend expires, or the demurrer is sustained without leave to amend.
When a court receives an electronically submitted document it must promptly send the filer confirmation of receipt with the date and time, and a document is received when that confirmation is created; if the document complies with filing requirements and the fees are paid, the court must promptly confirm filing with the date and time, any transaction number, the titles as filed and the fees assessed; absent the court's confirmation there is no presumption of receipt or filing, and the filer is responsible for verifying; a rejection notice must state its reasons; and when a technical problem with the court's electronic filing system prevents acceptance on a court day, a document the filer shows was attempted that day is deemed filed that day, except for a complaint or other initial pleading.
A document that may be served by mail, express mail, overnight delivery or fax may be served electronically under Code of Civil Procedure section 1010.6; a party consents by serving and filing a notice with its electronic service address or by affirmative consent through the court's electronic filing system or service provider (form EFS-005-CV); a court may require electronic service by local rule or order, and a party required to file electronically must also serve and accept service electronically except as to parties, including self-represented parties, who are not required to; parties must promptly notify the court and all parties of a change of electronic service address; service is complete as section 1010.6 provides (on transmission or notification when a provider is used); proof of electronic service is made under section 1013b, and proof of service of moving papers must be filed at least five court days before the hearing.
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify shorter notice; in an unlawful detainer proceeding shorter notice is permitted if the notice given is reasonable.
Moving and supporting papers are served and filed under Code of Civil Procedure section 1005 and the electronic filing and service statutes and rules; the court may shorten time on a showing of good cause; proof of service of the moving papers must be filed no later than five court days before the hearing; no paper may be rejected for filing as untimely, though the court may refuse to consider it; a paper submitted before the clerk's office closes on its due date is timely, and a court may provide by local rule that an electronically filed paper received before midnight on a court day is filed that day.
The court must set an initial case management conference in each case, with notice to all parties no later than 45 days before it unless the court orders otherwise; counsel and self-represented parties must appear in person or remotely as rule 3.672 provides, be familiar with the case and be prepared to commit to positions on the issues in rules 3.724 and 3.727; the court may issue a case management order without appearances, and by local rule may excuse attendance at initial conferences in limited civil cases.
A 'local rule' is every rule, regulation, order, policy, form or standard of general application adopted by a court to govern practice or procedure in that court, or by a judge to govern practice or procedure in that judge's courtroom; each court must make its local rules available for inspection and copying at every location that accepts filings, publish them through an official publisher, and file them electronically with the Judicial Council 45 days before the January 1 or July 1 effective date with a certificate stating, among other things, whether the court posts its local rules on its website; proposed rules other than calendaring rules must be distributed for comment at least 45 days before adoption; courts must periodically repeal outdated or inconsistent rules; and a rule may take effect on another date only with the Judicial Council chair's authorization.
Unless a statute or rules 8.108, 8.702 or 8.712 provide otherwise, a notice of appeal must be filed by the earliest of 60 days after the superior court clerk serves a notice of entry of judgment or a filed-endorsed copy, 60 days after a party serves or is served with such a document with proof of service, or 180 days after entry of judgment; no court may extend the time except as rule 8.66 provides, and a late notice requires dismissal; the rule defines the entry date of judgments and appealable orders, treats a notice filed after rendition but before entry as filed on entry, and applies to appealable orders.
A court may permit, or require, parties to file documents electronically in civil actions by local rule under Code of Civil Procedure section 1010.6, specifying the case types covered; self-represented parties are exempt from mandatory electronic filing and service and, in mixed cases, file, serve and are served by non-electronic means unless they agree otherwise; a party required to e-file must be excused on a showing of undue hardship or significant prejudice through a process the court must provide; fees must be consistent with section 1010.6, and the effective date of filing is as section 1010.6 prescribes. A court that permits e-filing may also order all parties in a class, consolidated, coordinated or complex action to file electronically.
The complaint must be served on all named defendants, with proofs of service filed, within 60 days after filing (30 days for a defendant added by amendment), and a cross-complaint adding new parties must be served with proofs filed within 30 days; the parties may stipulate to one 15-day extension of the 30-day response period; a request for entry of default must be filed within 10 days after the time to respond has elapsed and a default judgment obtained within 45 days after default is entered, or the court may issue an order to show cause regarding sanctions. Collections cases under rule 3.740(a), unlawful detainer actions and Family Code proceedings are excluded.
A summary judgment or summary adjudication motion must contain a notice of motion, a separate statement of undisputed material facts in the rule's two-column format with citations to exhibit, title, page and line numbers, a memorandum, supporting evidence and any request for judicial notice; summary adjudication must state the specific cause of action, affirmative defense, damages claim or duty issue in the notice and repeat it verbatim in the separate statement; the opposition consists of a memorandum, a responsive separate statement stating 'disputed' or 'undisputed' for each fact with the evidence for any dispute and any additional material facts, opposing evidence and any request for judicial notice; evidence exceeding 25 pages must be separately bound with a table of contents; and on request a party must provide an electronic version of its separate statement within three days. The rule's format illustrations in subdivision (h) are on the official page.