Superior Court of California County of San Benito County

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. If there is no envelope or fee, the clerk may attempt to notify the requesting party to forward such envelope or fee. However, it is the responsibility of the requesting party to contact the clerk regarding the status of his or her request.

(Eff. 7/1/99) (Rev. 7/1/08)

When cases are consolidated for any purpose, the case with the higher docket number, unless otherwise specified, will be the controlling docket number, and future filings and correspondence will be routed to that docket number only.
(Eff. 7/1/99)

(a)	Pursuant to CRC 2.300 et seq., a party may file all documents in civil, probate, and family law matters by fax. Proper transmission of a document by a fax machine is the responsibility of the filing party, not the court. Faxed filings must comply with CRC 2.100 - 2.119 and other applicable rules and statutes.
(b)	Filing by fax is permissive only; therefore, the cost of filing papers with the court pursuant to this rule is not a recoverable cost under Code of Civil Procedure section 1033.5.
(c)	Fax filing shall be by Automated Fax Filing System, provided by Official Payments Corp., an independent organization offering the fax filing service in association with this court. The first sheet transmitted shall be the Judicial Council Facsimile Transmission Cover Sheet (Form 2011) followed immediately by the document to be filed. When needed, the Civil Case Cover Sheet (Rule 982.2) shall be the last page transmitted.(Rev. 1/01/02)
(d)	The document to be filed must include the words “BY FAX” immediately below the title of the document.
(e)	The toll free fax filing number can be obtained by calling 1-800-322-4945. Parties will need to register with Official Payments Corp., by calling this number, prior to fax filing. While the fax will be in operation 24 hours a day, any fax received after 4:00 p.m. or on court holidays or Saturday or Sunday shall be deemed filed the next court date. (Rev. 1/1/99)(Rev. 1/01/02)
(f)	Fees for fax filing are set by the Automated Fax Filing System at the rate of $9.95 per party, per filing. Rates are subject to change without notice. (Rev. 1/01/02)
(g)	A person who files or serves a document by fax pursuant to this rule represents that the original signed document is in his or her possession and control.
(h)	At any time after the filing or service of a signed fax document, any other party may serve a demand for production of the original physically signed document. The demand for production must be served on all other parties but should not be filed with the court.
(i)	Notwithstanding any other provision to the contrary, including Evidence Code sections 255 and 260, a signature produced by fax transmission is an original.
(j)	Faxed filings may not exceed a total of 25 pages including cover page and any and all attachments, exhibits, and declarations that are part of the original document. The court may reject faxed filings exceeding 25 pages.

A document which substitutes (i) one attorney for another, or (ii) an attorney for a pro per party must contain: the name, mailing address, telephone number, and bar number of the new attorney. The document must contain the name of the attorney, not the firm name. The document must be served on all parties.

A document which substitutes a pro per party for an attorney must contain: the name, mailing address, and telephone number of the pro per party. The document must be served on all parties.

(a) Computation of Attorney’s Fees: If the clerk is authorized to enter judgment pursuant to Code of Civil Procedure section 585(a), and one of the two conditions is true:

(1) the obligation sued upon provides that attorney fees will be allowed in the event of an action thereon, or

(2) the action is one in which the plaintiff is entitled, by statute, to recover attorney’s fees in addition to money or damages

then the clerk may compute the attorney’s fees by adding to the judgment, exclusive of costs, the following amounts (unless a lesser sum is requested):

(b) Minimum: If the amount of attorney’s fees calculated pursuant to section (a) above is less than $250, the clerk will instead add $250 to the judgment for attorney’s fees (unless a lesser sum is requested).

All proposed family law judgments must be accompanied by an extra copy of the face sheet when submitted.

(Eff. 7/1/97) (Rev. and Renumbered 7/1/99) (Rev. 7/1/08)

In the event a case is removed to federal court, the court will order a date, not earlier than 90 calendar days from the date of removal, by which counsel must file a declaration regarding the status of removed case. If the case has not been remanded to the court by that time, the action will be dismissed without the need to conduct a further hearing.

(Eff. 1/1/92)(Amended 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08)

Code of Civil Procedure sections 1141.10 - 1141.31 and CRC 3.810 - 3.830 apply to all civil cases as stated therein. An arbitrator will be assigned no later than 30 calendar days after submission of a case to arbitration

(Eff. 9/1/91) (Rev. and renumbered 7/1/99) (Rev. 7/1/08)

Code of Civil Procedure sections 1775 - 1775.15 and CRC 3.870 - 3.878 apply to all civil cases as stated therein.

(Eff. 7/1/99) (Rev. 7/1/08)

Interpreters will not be provided for civil or small claims matters, unless required by law or ordered by the court. Any civil or small claims party requiring the services of an interpreter must arrange and pay for the services of the interpreter.

(Eff. 7/1/99) (Rev. 7/1/08)

Pursuant to CRC 2.956 - 2.958 and Government Code section 68086, the court hereby adopts the following policy as a local rule.

The court provides services of official court reporters in all criminal and juvenile matters as required by law during regular court hours. Court reporting services are not available during a hearing on law and motion and other trial and non-trial matters in civil cases. However, the court may provide official court reporter services during regular weekly scheduled court calendars if the official court reporter is not required in a criminal or juvenile matter. Each party in a civil case must file a statement before the trial date indicating whether the party requests the presence of an official court reporter. For purposes of this local rule, “civil case” includes all maters other than criminal and juvenile matters.