Individual Rules, Standing Orders & Policies
Request must include
These 305 rules apply across San Benito Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.
The non-dependency remote-appearance provisions apply to civil cases except juvenile dependency cases.
Ordinary overhead, including document duplication, telephone calls, and automobile mileage, is not a proper cost item.
A petition for extraordinary compensation must include or be accompanied by the statement of facts required by CRC 7.702.
The trial brief, motions in limine, and proposed verdict form must be filed at least 10 court days before trial unless the court orders another time.
Ex parte applications in the covered proceedings must be filed with the clerk’s office by 10:00 a.m. to be considered that day.
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.
Family-law ex parte notice may be given by the listed methods, with electronic notice allowed only if permitted by statute.
The clerk will mail the Confidential Guardianship Status Report to the guardian at least one month before the hearing.
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.
Failure to appear for the scheduled hearing may result in the matter being dropped from the calendar.
Other stipulated continuance requests must be made to the scheduled judge with the parties present and must state good cause and describe the bases for any previous continuances.
An initial stipulated continuance requires a stipulation signed by all parties and a declaration stating the reason; the clerk must receive the request no later than the court day before the CMC, and the stipulation must propose a rescheduled CMC date no later than 30 calendar days after the initial date.
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J. Omar Rodriguez is the Presiding Judge of the Superior Court of California, County of San Benito and holds Department 1, as printed on the court's Judicial Assignment and Calendar Schedule. The Department 1 calendar lists civil unlimited case management conferences and law and motion on Thursday afternoons, family law on Wednesday mornings, and probate, adoptions, CARE Court, juvenile dependency, restraining order hearings and bench trials on other days.
Department 1, Main Courthouse, 450 Fourth Street, Hollister, CA 95023. The court prints (831) 636-4057 for questions about a court appearance.
The rule states a 4:00 p.m. filing cutoff. Civil tentative-ruling objections must be received by 4:00 p.m.; otherwise, the tentative becomes the Court’s order and the matter is taken off calendar.
Civil tentative-ruling objections must be received by 4:00 p.m.; otherwise, the tentative becomes the Court’s order and the matter is taken off calendar.
