San Benito Superior Court Filing Timing and Cure Windows

CRITICALProposed or draft document; may not be in force

Documents received electronically by 11:59 p.m. on a court day and satisfying filing requirements are deemed filed that day, and the court’s confirmation serves as proof of filing.

g) Effective Date and Time of Electronic Filing: Documents received by the court for electronic filing at or prior to 11:59 p.m. on a court day, which satisfy all requirements for filing, will be deemed filed on that court day as provided in Code of Civil Procedure section 1010.6(b)(3) and CRC 2.253(b)(6). The court will issue a confirmation that the document has been received and filed in accordance with CRC 2.259. The confirmation shall serve as proof that the documents have been filed.

CRITICALProposed or draft document; may not be in force

Complaints for in-custody arraignments must be filed as early as possible and no later than 11:00 a.m. on the arraignment date.

i. All misdemeanor and felony complaints received for in-custody arraignment shall be filed at the earliest possible time, but in no case after 11:00 a.m. on the day that the arraignment is scheduled. Example: If the arraignment is scheduled for 1:30 p.m. on a Thursday, the complaint must be filed by 11:00 a.m. that same day.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Complaints for out-of-custody arraignments must be filed by 4:00 p.m. five court days before arraignment.

ii. All misdemeanor and felony complaints received for out of custody arraignment shall be filed no later than 4:00 p.m. five (5) court days before the date of the arraignment, providing proof of notice has been filed with the court at least two (2) court days prior to the arraignment. Example: If the arraignment is scheduled for a Friday, the complaint must be filed by 4:00 p.m. on the preceding Wednesday.

CRITICALProposed or draft document; may not be in force

The clerk must not officially file received questionnaires and must immediately forward them to the trial judge for review.

Upon receipt, the questionnaires shall not be officially filed by the clerk of the court, but shall be immediately forwarded by the clerk to the trial judge for review.

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

Proposed or draft document; may not be in force

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.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

180 calendar days

In the civil cases specified in Local Rule 4.1, the plaintiff must file an at-issue memorandum within 180 calendar days after filing the complaint, unless the matter is finally disposed of earlier.

a) Timelines: In all civil cases specified in Local Rule, 4.1, the plaintiff must file and serve an at- issue memorandum within one hundred eighty (180) calendar days from the date the complaint is filed, unless there is a final disposition to the matter prior to the one hundred eighty (180) calendar daytime-day time limit.

CRITICALProposed or draft document; may not be in force

Counsel or a self-represented party must immediately inform the court of a settlement by filing a written notice of settlement with any required attachments.

It is the duty of counsel, or the self-represented party, to inform the court immediately if the case is settled. Notice must be given to the court by filing a written notice of settlement, including any required attachments.

CRITICALProposed or draft document; may not be in force

Deadline

25 calendar days

The clerk’s office must receive the first-day jury fee deposit at least 25 calendar days before trial in civil jury matters other than unlawful detainer actions.

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.

CRITICALProposed or draft document; may not be in force

Deadline

5 calendar days

The clerk’s office must receive the first-day jury fee deposit at least 5 calendar days before trial in unlawful detainer actions.

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

Deadline

2 court days

An opposition to a motion in limine must be filed and served at least 2 court days before trial unless the court orders another time.

Any opposition to a motion in limine must be filed with the court and served on the other party or parties at least two (2) court days prior to the trial date or at such other time as the court may order.

CRITICALProposed or draft document; may not be in force

For other ex parte applications, applicants must call to schedule the hearing and submit the application by 10:00 a.m. on the preceding court day.

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.

CRITICALProposed or draft document; may not be in force

The applicant must submit the application to the clerk as soon as possible and no later than 10:00 a.m. on the preceding court day.

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.

CRITICALProposed or draft document; may not be in force

Applicants must submit all ex parte moving papers and Judicial Council Form FL-303 to the clerk by 3:00 p.m. on the preceding day.

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”).

CRITICALProposed or draft document; may not be in force

The opposing party must submit any written opposition as soon as possible and no later than 10:00 a.m. on the consideration day.

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.

CRITICALProposed or draft document; may not be in force

Domestic-violence ex parte applications must be filed by 10:00 a.m. to be considered that day.

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.

CRITICALProposed or draft document; may not be in force

For a case removed to federal court, the court will set a deadline for counsel’s status declaration no earlier than 90 calendar days after removal.

In the event a case is removed to federal court, the court will order a date, not earlier than ninety (90) calendar days from the date of removal, by which counsel must file a declaration regarding the status of removed case.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Exhibits for a proceeding at which a party appears remotely must be electronically filed at least five court days before the proceeding.

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

Counsel for a minor must notify the court about a potentially protectable interest as soon as reasonably possible after becoming aware of it.

If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor must notify the court of such right or interest as soon as it is reasonably possible for counsel to do so.

CRITICALProposed or draft document; may not be in force

Deadline

27 calendar days

A notice of intent is due 27 calendar days after the clerk mails notice to an address outside the United States, with an additional 10 calendar days when the order was made by a referee who was not acting as a temporary judge.

iv. Twenty-seven (27) calendar days after the date the clerk mailed the notification, if the party was notified of the order by mail, and the notice was mailed to an address outside the United States. If the order was made by a referee not acting as a temporary judge, the party has an additional ten (10) calendar days to file the notice of intent, as provided in CRC 5.540(c).

CRITICALProposed or draft document; may not be in force

Deadline

10 calendar days

A petition seeking writ review of an order setting a Welfare and Institutions Code hearing must be served and filed within 10 calendar days after the record is filed in the reviewing court.

h) Petition for Writ: A petition seeking writ review of orders setting a hearing under the Welfare and Institutions Code must be served and filed within ten (10) calendar days after the filing of the record in the reviewing court.

CRITICALProposed or draft document; may not be in force

Deadline

10 calendar days

A response to a writ petition that was not served by mail must be filed within 10 calendar days after the writ petition is filed.

i. Ten (10) calendar days after the filing of the writ of petition if the petition was not served by mail;

CRITICALProposed or draft document; may not be in force

Deadline

10 calendar days

A response to a writ petition requested by the reviewing court must be filed within 10 calendar days of receiving the request unless the court specifies a shorter time.

iii. Ten (10) calendar days of receiving a request for a response from the reviewing court, unless the court specifies a shorter time.

CRITICALProposed or draft document; may not be in force

Deadline

60 calendar days

Except for matters heard by a referee who was not acting as a temporary judge, a notice of appeal must be filed within 60 calendar days after judgment is rendered.

k) Notice of Appeal: Except in matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within sixty (60) calendar days after the rendition of the judgment. For matters heard by a referee not acting as a temporary judge, see CRC 8.406(a).

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

The advocate must submit the report to the court at least five court days before the hearing.

The advocate must submit his or her report to the court at least five (5) court days prior to the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Attorneys and self-represented defendants may request a remote appearance by filing the specified local form at least two court days before the hearing.

Attorneys, on behalf of their client, and self-represented defendants may request to appear remotely by filing Local Form SB-CR012-Request for Remote Appearance: Criminal) filed at least two (2) court days before the hearing.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Attorneys not appearing for a client under Penal Code section 977 and self-represented defendants must file the specified local form at least two court days before the hearing to be scheduled for a remote appearance.

Attorneys not appearing on behalf of their client pursuant to Pen. Code §977 and self-represented defendants must file (local form modeled after PL-CR012 as noted above) at least two (2) court days before the hearing to be scheduled for remote appearance.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Attorneys and self-represented litigants requesting remote appearance for a witness must file form SB-CR012 at least two court days before the hearing.

Attorneys and self-represented litigants must file (SB-CR012) at least two (2) court days before the hearing to request remote appearance for a witness.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Attorneys and defendants granted remote appearance who wish to submit hearing documents must submit them at least two court days before the hearing.

Attorneys and defendants who are granted remote appearance, and who want to submit documents for the hearing, must submit all documents at least two (2) court days prior to the scheduled court hearing.

CRITICALProposed or draft document; may not be in force

Trial counsel must file the trial brief no later than ten days before trial, or earlier if the court orders an earlier deadline.

Trial counsel shall file a brief no later than ten (10) days immediately preceding the trial date unless an earlier date is ordered by the court.

CRITICALProposed or draft document; may not be in force

Deadline

3 court days

Orders prepared by the moving party and affidavits of publication must be filed or lodged with the clerk at least three court days before the hearing.

All orders prepared by the moving party and affidavits of publication shall be filed or lodged with the clerk at least three (3) court days before the date of hearing.

CRITICALProposed or draft document; may not be in force

The Summary of Account and Detailed Schedules must be filed, and supporting documents lodged, within ninety days after the close of the relevant accounting period.

c) Time for Filing and Lodging of Documents: The Summary of Account and Detailed Schedules shall be filed and supporting documents lodged within ninety (90) days of the close of the accounting period to which they relate.

CRITICALProposed or draft document; may not be in force

Deadline

14 calendar days

The joint appendix must be lodged as expeditiously as possible after merits briefing is complete and no more than 14 calendar days later.

3) The joint appendix shall be lodged as expeditiously as possible following completion of the parties’ briefing on the merits, but in no event more than fourteen (14) calendar days thereafter.

CRITICALProposed or draft document; may not be in force

Deadline

45 calendar days

The opening memorandum of points and authorities must be filed at least 45 calendar days before the hearing.

The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date;

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

25 calendar days

The opposition memorandum must be filed at least 25 calendar days before the hearing.

the opposition memorandum shall be filed at least 25 calendar days prior to the hearing

CRITICALProposed or draft document; may not be in force

Deadline

15 calendar days

The reply memorandum must be filed at least 15 calendar days before the hearing.

and the reply memorandum shall be filed at least 15 calendar days prior to the hearing.

WARNINGProposed or draft document; may not be in force

For good cause, the judge assigned to the arraignment may authorize a later filing time.

iii. Upon showing of good cause, a later time for filing may be authorized by the judge assigned to the arraignment.

WARNINGProposed or draft document; may not be in force

Deadline

15 court days

If counsel elects to submit proposed jury questionnaires, they must be submitted at least fifteen court days before trial.

If counsel elects to do so, counsel shall submit proposed jury questionnaires to the court no less than fifteen (15) court days in advance of the trial date.

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

Proposed or draft document; may not be in force

Deadline

5 court days

Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading or letter form, at least five (5) court days prior to the settlement conference.

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

Proposed or draft document; may not be in force

Deadline

10 court days

These items must be filed and served at least ten (10) court days prior to the trial date or at such other time as the court may order.

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

Proposed or draft document; may not be in force

Deadline

10 court days

These items must be filed and served at least ten (10) court days prior to the trial date or at such other time as the court may order.

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

Proposed or draft document; may not be in force

Deadline

2 court days

Any opposition to a motion in limine must be filed with the court and served on the other party or parties at least two (2) court days prior to the trial date or at such other time as the court may order.

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

Proposed or draft document; may not be in force

Deadline

5 calendar days

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.

Summary: The prevailing party must file the proposed order within five calendar days of the ruling, unless the court directs otherwise.

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

Proposed or draft document; may not be in force

Deadline

2 court days

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 exhibits with the clerk at least two court days before the proceeding.

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

Proposed or draft document; may not be in force

Deadline

7 calendar days

Seven (7) calendar days after the date of the order, if the party was at the hearing;

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

Proposed or draft document; may not be in force

Deadline

12 calendar days

Twelve (12) calendar days after the date the clerk mailed the notification, if the party was notified of the order only by mail;

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

Proposed or draft document; may not be in force

Deadline

17 calendar days

Seventeen (17) calendar days after the date the clerk mailed the notification, if the party was notified of the order by mail, and the notice was mailed to an address outside California but within the United States; or

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

Proposed or draft document; may not be in force

Deadline

15 calendar days

ii. Fifteen (15) calendar days after the filing of the writ of petition if the petition was served by mail;

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

Proposed or draft document; may not be in force

Deadline

2 court days

providing proof of notice has been filed with the court at least two (2) court days prior to the arraignment.

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

Proposed or draft document; may not be in force

Deadline

2 court days

Attorneys appearing on behalf of their client pursuant to Pen. Code §977 may schedule themselves for the appearance by submitting the request to the Court) at least two (2) court day before the hearing unless otherwise noted in these rules or 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

Deadline

2 court days

In order for the court to schedule a victim’s remote appearance, a victim advocate on behalf of the victim, the victim, or a victim’s family member must file (proposed local form as noted above) at least two (2) court days before the hearing date to be scheduled for remote appearance.

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

Proposed or draft document; may not be in force

Deadline

10 court days

Except for good cause shown, a Motion to Set Aside the Indictment or Information must be noticed within ten (10) court days of the date of arraignment.

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

Proposed or draft document; may not be in force

Deadline

10 court days

Except for good cause shown, a Motion to Suppress Evidence must be noticed: 1) within ten (10) court days of the date of arraignment on the information;

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

Proposed or draft document; may not be in force

Deadline

10 court days

2) within ten (10) court days of the date of the first pre-trial hearing in a misdemeanor case where time is waived.

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

Proposed or draft document; may not be in force

Pursuant to Penal Code section 1054.7 discovery must be completed thirty (30) days before trial.

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

Proposed or draft document; may not be in force

a) Administrative Record: Parties shall lodge any administrative record in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than thirty (30) days before the hearing on the merits.

Summary: The administrative record must be lodged as soon as practicable after certification and no later than the deadline requiring lodging at least 30 days before the merits hearing.

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

Proposed or draft document; may not be in force

a) Record on Review: Parties shall lodge any documentary evidence presented in support of, or in opposition to, the writ, in electronic format only (e.g., a thumb drive or CD-ROM) in the department in which the matter will be heard, as soon as is practicable after the record has been certified but in no event less than thirty (30) days before the hearing on the merits.

Summary: Documentary evidence supporting or opposing a traditional writ must be lodged as soon as practicable after certification and no later than the deadline requiring lodging at least 30 days before the merits hearing.

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

Proposed or draft document; may not be in force

Deadline

90 calendar days

The presiding judge (or their designee) will complete an investigation within a reasonable period of time, not to exceed ninety (90) calendar days from filing of the grievance.