San Benito Superior Court Electronic Filing Rules

CRITICALProposed or draft document; may not be in force

Applies to

Court reporter transcripts for covered cases

Beginning January 1, 2023, court reporter transcripts in covered cases must be electronically filed.

ii. Beginning January 1, 2023, court reporter transcripts for covered cases must be electronically filed.

CRITICALProposed or draft document; may not be in force

A party seeking to file one document in multiple cases must electronically file it separately in each case; the clerk will not transfer it between cases.

l) Filing Documents Intended for Multiple Cases: A party seeking to file a single document into multiple cases must electronically file the document into each case. The clerk’s office will not place a document from one case into another on behalf of a party. It is the responsibility of the party to file separately for each case.

CRITICALProposed or draft document; may not be in force

Applies to

Exhibits

A party appearing remotely must electronically file exhibits to be presented at the proceeding at least five court days beforehand.

i. General: A party appearing remotely at a proceeding must electronically file any exhibits to be presented at the proceeding at least five (5) court days before the proceeding.

CRITICALProposed or draft document; may not be in force

Applies to

Supporting documents

Supporting documents for a conservatorship or guardianship appointment petition must be provided electronically; if hard copies must be provided, an extra copy must be given to the civil division clerk upon filing for forwarding to the Court Investigator, including for later-filed hard-copy documents.

A party petitioning to appoint a conservator or a guardian shall provide all supporting documents in electronic format. If a party must provide them in hard copy format, an extra copy of all supporting documents will be provided to the civil division clerk’s office upon filing, which will then be forwarded to the Court Investigator by the clerk. Any additional hard copy documents filed after the initial petition shall be subject to the same process.

INFOProposed or draft document; may not be in force

Applies to

Documents presented for filing

Self-represented parties are encouraged, but not required, to e-file their documents.

A. Documents presented for filing by a self-represented party, although not mandatory, self-represented parties are encouraged to electronically file documents.

INFOProposed or draft document; may not be in force

Applies to

Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for judgment notwithstanding the verdict, motions to quash service for personal jurisdiction, and petitions for writs

Electronic filing of documents with jurisdictional time limits is encouraged but not mandatory.

D. Documents with jurisdictional time limits, including notices of appeal, motions for new trial, motions for judgment notwithstanding the verdict, motions to quash service for personal jurisdiction, and petitions for writs. Although not mandatory, electronic filing of these documents is encouraged.

INFOProposed or draft document; may not be in force

Applies to

Documents and/or reports provided to the court from third-party service providers or experts

Third-party service providers and experts may electronically file their documents or reports at their discretion, unless the court orders otherwise.

G. Documents and/or reports provided to the court from third-party service providers or experts. These documents and reports may be electronically filed at the discretion of the provider or expert, unless otherwise ordered by the court.

INFOProposed or draft document; may not be in force

Applies to

Proposed orders in civil law and motion proceedings and discovery proceedings in family law and probate cases

Proposed orders in the specified civil, family, and probate proceedings may be filed and submitted electronically under CRC 3.1312.

Proposed orders in civil law and motion proceedings and in discovery proceedings in family law and probate cases may be filed and submitted electronically as provided in CRC 3.1312.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Items required by rule 6 2 ?

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.

Summary: Items required by Rule 6.2 must be submitted electronically as Microsoft Word or PDF files and emailed to the court, with paper-submission exceptions for self-represented parties and parties showing undue hardship or significant prejudice.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Electronic documents ?

Electronic filling of documents shall occur through an eFiling Provider. A list of eFiling Providers is available on the court’s website.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Documents in covered cases ?

Beginning January 1, 2023, electronic filing is mandatory for covered cases, except for items A through G below. The following items are not subject to mandatory electronic filing:

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Exhibits

ii. Exception: A self-represented party who is appearing remotely at a proceeding but who does not electronically file documents must file any exhibits to be presented at the proceeding with the clerk’s office at least two (2) court days before the proceeding and serve copies of the exhibits on all other parties.

Summary: A self-represented remote participant who does not e-file documents must file proceeding exhibits with the clerk at least two court days beforehand and serve copies on all other parties.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Hearing document ?

Documents must be submitted to the court through the Court’s online portal.

We could not confirm this summary. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to

Documents in covered cases ?

A party may seek a court-ordered exemption by ex parte application for reason of undue hardship, significant prejudice, or other good cause.