San Benito Superior Court Service and Proof of Service Rules

CRITICALProposed or draft document; may not be in force

Applies to

Summons and complaint

The summons and complaint must be served within 60 calendar days after the complaint is filed, but the court may extend service deadlines for good cause.

Summons and complaint must be served no later than sixty (60) calendar days after the filing of the complaint. Except as otherwise provided by law, the court may extend any time requirements for service of process and return of summons upon a showing of good cause by the litigant.

CRITICALProposed or draft document; may not be in force

Deadline

30 calendar days

Applies to

Responsive pleading

Responsive pleadings must be served within 30 calendar days after service of the complaint or cross-complaint, subject to an extension of no more than 15 calendar days by all-party stipulation or court order on the responding party’s motion.

Responsive pleadings will be served upon each party entitled to service no later than thirty (30) calendar days after service of the complaint or the cross- complaint +105 upon each party, unless an extension, not exceeding fifteen (15) calendar days, is obtained by stipulation of all parties or by order of the court granting the responding party’s motion for relief from the time limit.

CRITICALProposed or draft document; may not be in force

Applies to

Cross complaint

Cross-complaints must be served within thirty (30) calendar days of filing the responsive pleading(s); cross-complaints against new parties must be served within fifteen (15) calendar days.

Cross-complaint(s) must be served within thirty (30) calendar days of filing +135 responsive pleading(s), [except that a cross-complaint against new parties must be served within fifteen (15) calendar days of filing the responsive pleading(s)].

CRITICALProposed or draft document; may not be in force

Deadline

30 calendar days

Applies to

Response to cross complaint

Responses to cross-complaints must be filed and served within 30 calendar days after service of the cross-complaints.

Filing and service of response(s) must be made within thirty (30) calendar days of +165 service of the cross-complaint(s).

CRITICALProposed or draft document; may not be in force

Deadline

15 calendar days

Applies to

Case management statement

Each party must file and serve a case management statement on the other parties at least 15 calendar days before the CMC.

b) Case Management Statement: Each party must file and serve a case management statement on the other parties no later than fifteen (15) calendar days before the CMC.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

5 court days

Applies to

Settlement conference statement

Each party must serve the settlement conference statement on all other parties at least five court days before the settlement conference.

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.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

10 court days

The required civil trial items must be served at least 10 court days before trial unless the court orders another time.

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.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

2 court days

An opposition to a motion in limine must be 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.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Service timing is governed by Code of Civil Procedure section 1005(b), and hearings are calendared to allow proper notice unless the court shortens time.

Service of Papers: Time for service of papers is set forth in Code of Civil Procedure section 1005(b). Hearings of either type will be calendared so that the proper notice is received unless the court grants an order shortening time.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed order

The prevailing party must serve the proposed order on all parties within five calendar days of the ruling, unless the court directs otherwise.

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.

CRITICALProposed or draft document; may not be in force

Applies to

Motion

The applicant must provide the moving papers to the opposing party as soon as reasonably possible and no later than 3:00 p.m. the day before the ex parte hearing.

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.

CRITICALProposed or draft document; may not be in force

Applies to

Opposition

The opposing party must provide any written opposition to the applicant and the court as soon as possible and no later than 10:00 a.m. on the hearing day.

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.

CRITICALProposed or draft document; may not be in force

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

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.

CRITICALProposed or draft document; may not be in force

The applicant must provide the opposing party a copy of the moving papers by 3:00 p.m. on the preceding day.

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.

CRITICALProposed or draft document; may not be in force

An opposing party requesting that an ex parte order be set aside before the scheduled hearing date must notify the applicant.

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.

CRITICALProposed or draft document; may not be in force

Notice of intent to appear remotely must be given to the court and all persons entitled to notice by the applicable deadline in CRC 3.672(g) or (h).

i. Notice: Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings. Such notice must be provided by the applicable deadline specified in CRC 3.672(g) or (h).

CRITICALProposed or draft document; may not be in force

An opposition to a remote appearance at an evidentiary hearing or trial must be served on all parties or persons entitled to notice by the applicable CRC deadline.

ii. Opposition: A party may oppose a remote appearance in an evidentiary hearing or trial by filing Judicial Council Form RA-015 (“Opposition to Remote Proceeding at Evidentiary Hearing or Trial”) with the court and serving such opposition on all parties or persons entitled to receive notice of the proceedings. The filing and service must be completed by the applicable deadline specified in CRC 3.672(h)(3)(A). The filing party must ensure a copy of the opposition is received in the department in which the proceeding is to be held.

CRITICALProposed or draft document; may not be in force

Applies to

Exhibits

Electronically filed exhibits for a remote proceeding must be served on all other parties.

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. Electronically filed exhibits must be served on all other parties.

CRITICALProposed or draft document; may not be in force

Applies to

Exhibits

A self-represented remote participant who does not e-file documents must serve copies of proceeding exhibits on all other parties.

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.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

If current documentation has not been exchanged five court days before the hearing, the parties must exchange specified wage and tax records, plus specified business records for a self-employed party; the submitting party may strike confidential information.

If the parties have not exchanged current documentation five (5) court days before the scheduled hearing, the parties must exchange the following documents: (i) current wage verification for the prior (3) three-month period and (ii) most recent state and federal income tax returns with W-2 statements. If a party is self-employed, the party must also produce all year-end 1099 forms for the prior year, and a current profit and loss statement and balance sheet of the self-employed party’s business entity. The submitting party may strike confidential information.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

Notice form

The specified mediation notice form must be served with motions or requests for order involving custody or visitation.

In all motions or requests for order in which custody or visitation is an issue, the order as described in this rule will be included on the face of the moving papers and must be served with a notice form describing Parent Orientation and mediation, as follows: “Each party is ordered to complete Orientation and schedule Mediation before going to the hearing. The parties will Contact Family Court Services at (831)636-5047 ext. 125 prior to hearing to schedule mediation at the earliest possible time.”

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

5 court days

Applies to

Settlement conference statement

Settlement conference statements must be served and filed with the court clerk no later than five court days before the hearing.

Settlement Conference Statements shall be served and filed with the clerk of the court no later than five (5) court days preceding the settlement conference hearing.

CRITICALProposed or draft document; may not be in force

Appointed attorneys must provide written complaint-procedure notice to adult clients within 10 court days of appointment, provide evidence of delivery to the court within 10 court days of its request, and give or mail notice to a minor client’s caretaker and, if the minor is at least 12, to the minor as well.

Each appointed attorney must give written notice to his or her adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice must be given to the client within ten (10) court days of the attorney’s appointment to represent the client. Evidence that a copy of the notice was given or mailed to the client must be provided to the court within ten (10) court days of a request therefor from the court. In the case of a minor client, the notice must be mailed or given to the current caretaker of the child. If the minor is 12 years of age or older, a copy of the notice must also be sent or given to the minor.

CRITICALProposed or draft document; may not be in force

An attorney requesting a hearing must serve a copy of the request on the complaining party.

If the attorney requests a hearing, the attorney must serve a copy of the request on the complaining party.

CRITICALProposed or draft document; may not be in force

Deadline

10 court days

The complainant and attorney must each receive at least 10 court days’ notice of the hearing.

The complainant and the attorney will each be given at least ten (10) court days’ notice of the hearing.

CRITICALProposed or draft document; may not be in force

A notice filed by someone other than the child’s attorney must be served on that attorney or state that the child is unrepresented.

If the person filing the notice is not the attorney for the child, a copy of the notice must be served on the attorney for the child, or, if the child is unrepresented, the notice must so state.

CRITICALProposed or draft document; may not be in force

Applies to

Response to writ petition

A response to a writ petition that was not served by mail must be served 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

Applies to

Response to writ petition

A response to a writ petition served by mail must be served within 15 calendar days after the writ petition is filed.

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

CRITICALProposed or draft document; may not be in force

Applies to

Response to writ petition

A response to a writ petition requested by the reviewing court must be served 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.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Deadline

2 court days

The advocate must serve the report on the parties at least two court days before the hearing.

The advocate must serve a copy of the report on the parties to the case at least two (2) court days prior to the hearing.

CRITICALProposed or draft document; may not be in force

The moving party must provide timely notice to the advocate of any motion concerning the child.

In any motion concerning the child for whom the advocate has been appointed, the moving party must provide the advocate timely notice.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Documents submitted to the court before a hearing must be served on the opposing party before the hearing.

Any documents submitted to the court in advance of the court hearing must be served on the opposing party prior to the court hearing.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Unless otherwise provided by law, applications involving ex parte relief require advance notice to opposing counsel, co-counsel, and counsel for co-defendants.

Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel, co- counsel and counsel for co-defendants.

CRITICALProposed or draft document; may not be in force

Notice of intent to seek an ex parte Order Shortening Time must be given to all parties by 10:00 a.m. on the court day before the appearance, unless exceptional circumstances justify shorter notice.

Notice of intent to request an ex parte Order Shortening Time must be given to 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 a shorter time for notice.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

Blank LF-PRB-104, Objection to Petition for Guardianship

In guardianship cases, petitioners must serve each named respondent with a blank objection form when serving the petition.

In guardianship cases, Petitioners must serve all named respondents with a blank LF-PRB-104, Objection to Petition for Guardianship at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

Petition

A copy of the petition must accompany each hearing notice served on a person requesting special notice or when the petition is a testamentary trustee’s accounting.

A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of hearing

When a fiduciary or attorney requests fees or commissions other than those computed under Probate Code sections 10800 and 10810, the hearing notice and petition must be served on all interested parties.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties.

Checked against the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

Notice of hearing

Proof of service must show service of both the petition copy and the hearing notice.

The proof of service shall show service of the copy of the petition as well as the notice of hearing.

WARNINGProposed or draft document; may not be in force

Moving papers and written opposition may be delivered in person, by email, or by fax.

The moving papers or written opposition may be delivered in person, by email, or by fax.

WARNINGProposed or draft document; may not be in force

The court must notify the attorney and complaining party in writing of its complaint determination.

The court must notify the attorney and the complaining party in writing of its determination of the complaint.

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

Proposed or draft document; may not be in force

A declaration and proof of service must support the motion.

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

Proposed or draft document; may not be in force

Applies to

At issue memorandum

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.

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

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.

Summary: Notice of a family-law ex parte application must be given by 10:00 a.m. on the court day before the court considers it.

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

Proposed or draft document; may not be in force

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.

Summary: Family-law ex parte notice may be given by the listed methods, with electronic notice allowed only if permitted by statute.

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

Proposed or draft document; may not be in force

Applies to

Substitution of counsel ?

The document must be served on all parties.

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

Proposed or draft document; may not be in force

The parties may object to the mediated agreement by submitting written objections to FCS, along with proof of service on all attorneys or self-represented 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

Petition for writ

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.

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

Proposed or draft document; may not be in force

Service

Mail

The clerk will mail to the guardian Judicial Council Form GC-251, Confidential Guardianship Status Report, at least one month before the hearing date.