Judge Patrick K. Palacios
Judge • San Benito Superior Court
Court-wide rules
Applies court-wideSan Benito Superior Court publishes its filing requirements at the court level rather than per judge, so these 305 rules are what govern this courtroom.
Filing Requirements
All 131The non-dependency remote-appearance provisions apply to civil cases except juvenile dependency cases.
- Applies to
- Petition for final distribution
Ordinary overhead, including document duplication, telephone calls, and automobile mileage, is not a proper cost item.
- Applies to
- Petition for extraordinary compensation
A petition for extraordinary compensation must include or be accompanied by the statement of facts required by CRC 7.702.
Filing Timing
All 57- Deadline
- 10 court days
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.
Service
All 50Family-law ex parte notice may be given by the listed methods, with electronic notice allowed only if permitted by statute.
- Service
The clerk will mail the Confidential Guardianship Status Report to the guardian at least one month before the hearing.
- 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.
Adjournments
All 15Failure 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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