San Benito Superior Court Filing Fees and Waivers

CRITICALProposed or draft document; may not be in force

Fee

$150

Applies to

First day jury fee deposit

The first-day jury fee deposit is $150, with separate receipt deadlines for civil matters and unlawful detainer actions.

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.

CRITICALProposed or draft document; may not be in force

Fee

$150

Applies to

Jury demand

After a jury waiver by announcement or operation of law, opposing counsel’s jury demand must include a $150 jury fee deposit.

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.

CRITICALProposed or draft document; may not be in force

Applies to

Request for copy or certification

Requests for document copies or certification must include a self-addressed stamped envelope and the required fee before the clerk will process them.

The requesting party must include a self-addressed stamped envelope and the required copying or certification fee with all requests for copying or certification of documents before any copying or certification will be done.

CRITICALProposed or draft document; may not be in force

Applies to

Petition to establish guardianship

Unless a fee waiver has been granted, the court investigation fee is collected when a petition to establish a guardianship is filed if the proposed guardian is a relative.

Unless a fee waiver has been granted, the court investigation fee will be collected at the time of filing of any petition to establish a guardianship in which the proposed guardian is a relative, pursuant to Probate Code section 1513.1.

WARNINGProposed or draft document; may not be in force

Jury fee deposits are nonrefundable.

c) Nonrefundable: Jury fee deposits are nonrefundable.

WARNINGProposed or draft document; may not be in force

Applies to

Jury fee deposit

If the plaintiff waives a jury or fails to make the required deposit, another party may demand a jury and becomes responsible for 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).

WARNINGProposed or draft document; may not be in force

An eFiling Provider may charge reasonable fees in addition to court fees and must waive its fees if the party has a court-fee waiver or the court deems a waiver appropriate.

An eFiling Provider may charge reasonable fees in addition to any filing fees required by the court. An eFiling Provider shall waive any fees charged to a party if (i) the party has been granted a waiver of court fees pursuant to Code of Civil Procedure section 68631, or (ii) the court otherwise deems a waiver to be appropriate.

WARNINGProposed or draft document; may not be in force

Applies to

Court investigation

In conservatorship proceedings, the court decides after completion of the investigator’s report whether to collect, waive, or defer the court investigation fee.

In conservatorship proceedings, the court will determine whether to collect, waive or defer the court investigation fee after the investigator’s report has been completed, pursuant to Probate Code section 1851.5.

INFOProposed or draft document; may not be in force

Applies to

Remote appearance

Defendants and attorneys in criminal cases are not charged fees for remote appearances.

All defendants and attorneys in criminal cases will not be charged fees for remote appearances

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

Proposed or draft document; may not be in force

Applies to

Jury fee deposit

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.