Marin Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- No Later Than 5 Court Days Before Issue Conference
- Upon Filing
Documents Listed in 2 15 B and C
- At Least 5 Court Days Before Issue Conference
Adjournments
- In a contested matter, a continuance request before the hearing must be made at least three court days beforehand by stipulated motion and proposed order signed by all appearing parties, with the petitioner and appearing parties stipulating and all parties entitled to notice receiving notice.
- Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.
- After service, up to three continuances may be obtained by agreement through the Clerk’s Office by 4:00 p.m. three court days before the hearing, with the fee paid; additional continuances or requests within that period require a court order on good cause.
- +3 more
- A continuance of a law and motion matter requires a stipulation signed by all parties filed at least five court days before the hearing; a later request requires a written court order.
- A continuance requires a stipulation signed by all parties filed at least five court days before the hearing; a later request requires a written court order.
- A settlement conference cannot be continued by stipulation; any continuance request must be filed at least ten court days before the scheduled hearing, and all parties must appear on the date set by the Probate Judge to hear the request.
- A settlement-conference matter cannot be continued by stipulation alone; any continuance request must be filed at least 10 court days before the hearing, and all parties must appear when the Probate Judge sets a hearing on the request.
- For a contested court trial, each side is entitled to one trial-date continuance if the Traffic Division receives the request at least 10 calendar days before trial.
- A party may seek a small-claims hearing continuance by written request for good cause; the Court generally must receive it at least ten calendar days before the hearing, but may consider a later request for good cause.
- A request to extend a jail remand or surrender date must be submitted at least 10 calendar days before the court-ordered surrender date.
- +1 more
Communication
Chambers, Clerk
Phone
Chambers
Phone
Chambers
Phone
Clerk
Phone
Page & Word Limits4 rules
The Declaration shall not exceed three pages
- Page limit
- Up to 3 pages
A Declaration of Non-Resolution may not exceed three pages.
- Declaration of non-resolution
- Up to 3 pages per party
Court's wording
If a pending motion or request for order is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve five (5) court days prior to the hearing a pleading entitled “Declaration of Non-Resolution” no longer than three pages briefly summarizing the remaining disputed issues and each party’s contentions.
A Declaration of Non-Resolution may not exceed three pages.
- Declaration of non-resolution
- Up to 3 pages per party
Court's wording
If a pending motion or request for order is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve five (5) court days prior to the hearing a pleading entitled “Declaration of Non-Resolution” no longer than three pages briefly summarizing the remaining disputed issues and each party’s contentions.
The Declaration shall not exceed three pages
- Page limit
- Up to 3 pages
Document Format Requirements75 rules
Each document requiring a separate filing must be submitted as its own individual PDF.
- File type
Court's wording
Each document that requires a file stamp and to be docketed as a separate filing must be electronically filed as its own individual and separate PDF document (e.g., Motion, Memorandum of Points and Authorities, Declaration, Notice, Proof of Service, Request, Response, Opposition, etc.).
When a holographic instrument is offered for probate, all copies presented must be accompanied by a typewritten copy.
All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code.
Judicial Council forms designated as mandatory must be used and approved Judicial Council forms may be used.
If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.
- File type
All referenced exhibits must be bookmarked.
Parties requesting that the Court mail them conformed copies of their filings must provide a self-addressed stamped envelope of proper size and with sufficient postage.
Documents filed in civil law and motion proceedings must comply with CRC 3.1110 et seq. and CRC 2.100 et seq.
Court's wording
All documents presented for filing in any civil law and motion proceeding must comply with the Civil Law and Motion Rules of the California Rules of Court (CRC), commencing with CRC 3.1110 et seq., as well as CRC 2.100 et seq.
Those excused from e-filing must submit an original and one copy of each listed filing and supporting or opposing paper.
Court's wording
The following applies to those who have been excused by the Court from E-filing. A filing must include an original and one copy of each motion, petition for writ of mandate, attachment or possession, preliminary injunction, demurrer, and all other papers filed in support or opposition.
The following applies to those who have been excused by the Court from E-filing. If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies of any pleading at the time of filing.
Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading.
For demurrers, motions to strike, motions for judgment on the pleadings, and motions for summary judgment / summary adjudication, parties shall attach the operative pleading as an exhibit.
Attorneys and parties shall not modify the Arraignment Plea and Counsel Form.
"Form suitable for submission to the jury" means the title and text of the instruction only, without any additional words, marks, emphasis, or symbols on the page.
Any deviation from the form of CALCRIM instruction shall be emphasized by underscoring or other discernible method.
The signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.
Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page.
All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code.
The doctor's declaration must use the Judicial Council form.
Formatting
- •The doctor's declaration must be on the Judicial Council Form
Court's wording
A doctor's declaration on the Judicial Council Form is required stating not only that the proposed conservatee suffers from a deficit, but how that deficit prevents the proposed conservatee from functioning.
Judicial Council forms designated as mandatory must be used and approved Judicial Council forms may be used.
A copy shall not be attached
Formatting
- •Do not attach a copy of a relevant prior court order
Parties shall not attach previously filed documents to a pleading, pending motion or request for order.
Parties shall not attach previously filed documents to a pleading, pending motion or request for order.
- Pleading
- Pending motion
- Request for order
Formatting
- •Previously filed documents shall not be attached
A copy shall not be attached
Formatting
- •A copy of a relevant prior court order shall not be attached
The original page numbers of the deposition must be clearly visible, and the material portions of the deposition testimony shall be highlighted.
Unless the party filing the exhibits has been excused by the court from E-filing (see MCR 7 Fam 7.4) each exhibit must be bookmarked.
Parties must provide copies, not originals, of documents they want the CCR Counselor to consider.
- Documents to ccr counselor
Formatting
- •Do not submit original documents to the CCR Counselor; provide copies instead
Court's wording
Parties shall not submit original documents (e.g., school records, medical records, etc.) to the CCR Counselor. If parties wish to provide documents to the CCR Counselor to be considered in the CCR Counselor’s report and recommendations to the Court, the parties shall provide copies of these documents to the CCR Counselor.
For the stated eligible misdemeanor proceedings, a letter plea uses the Court's CR016 form, which attorneys and parties must not modify.
Court's wording
A letter plea on the Court's Arraignment Plea and Counsel Form (CR016) may be filed for first appearance in a misdemeanor case excluding charges of violence, or first appearance on a petition to revoke probation or diversion after a misdemeanor case has been filed. The letter plea may set a date for next appearance by the defendant not to exceed thirty (30) calendar days from the date that the plea is entered. Attorneys and parties shall not modify the Arraignment Plea and Counsel Form.
Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page.
The signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.
All motions in limine must be in writing and consecutively numbered. Any opposition, response, or statement of non-opposition to motions in limine must be in writing and filed not later than five (5) court days before
These copies shall be submitted in an indexed binder and each motion shall be separately bookmarked in a manner consistent with the requirements set forth in CRC 3.1110(f).
Formatting
- •Submit the courtesy copies in an indexed binder
All referenced exhibits must be bookmarked.
Document Filing Requirements890 rules
The court-appointed psychologist’s written report must address the minor’s competency, the basis for the opinions, prospects for attaining competency, and recommended remediation services.
Court's wording
The Psychologist shall prepare a written report which will a. opine whether the minor has sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding. b. opine whether the minor has a rational and factual understanding of the proceedings against the minor. c. state the basis for these conclusions. d. give the expert’s opinion on whether the minor is likely to attain competency in the foreseeable future (assuming finding of incompetency), e. make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency.
The minor is presumed to be competent. The minor’s attorney would have to petition the court for a review of the minor’s current competency.
Declaration regarding emergency.
Such request must provide sufficient facts to justify an earlier hearing date
Identify the persons entitled to notice under the applicable sections of the Probate Code, and either set forth an explanation of notice provided or the facts upon which the petitioner requests an order dispensing with notice.
The application must state whether any special-notice request is in effect and, if so, identify the requesting parties and attach their waivers or proof of service.
Court's wording
Contain a statement re requests for special notices. The statement shall either recite that no request for special notice is in effect or shall list the parties requesting special notice and attach the specific waivers of notice by such parties or proof of service on such parties.
An application for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation should be shown for the petitioner’s personal knowledge.
The application must clearly state that it is an “ex parte” application.
All applications must comply with applicable CRC rules (e.g., CRC 3.1200 et seq.)
Order: Unless using a Judicial Council form that contains its own order, all moving papers must be accompanied by a separate proposed order, complete in and of itself.
- Document
- Moving papers
Must include
- •Proposed order
The parties shall note the date and time of the settlement conference and trial on the face sheet of the statement.
The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. A brief statement of the case; 2. A statement of facts including: (a) factual and legal contentions in dispute; and (b) citations of authorities which support legal propositions; 3. The date when the last face-to-face settlement discussion was held.
- Document
- Settlement conference statement
Must include
- •Statement of facts
If a spousal property petition is filed with a petition for probate of will or for Letters, the spousal property petition must be filed as a separate petition.
If the surviving spouse elects under Probate Code § 13502 to administer property, the surviving spouse must file an election and state he or she has been fully informed regarding the reasons for the election, including the potential delay and increased compensation.
If the decedent died testate, a copy of the Will must be attached to the Petition.
The declaration must state facts supporting the character of the property as community, quasi community, or separate property.
If the will is not self-proving, proof of will must also be filed.
If any property is claimed to be community but was acquired by gift, devise, descent, joint tenancy survivorship, or similar means, the petition must state with particularity the way in which the property was converted to community property.
If the community or quasi-community property claim is based on any document, a copy of the document showing signatures, when feasible, must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached.
For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected.
In petitions where the decedent died intestate, the petition must contain the date of marriage and a precise identification of the property community, quasi community, or separate property.
When second generation heirs are listed, the deceased ancestor through whom they take shall be named, along with the ancestor's relationship to decedent.
Copies of all instruments offered for probate must be attached to the petition.
Also to be listed in the petition is each person provided for in the original will whose bequest has been revoked in a subsequent codicil.
If a named devisee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death.
All heirs or devisees, or other persons named in the will and each person named as executor or alternate executor who is not petitioning must be listed in the petition.
All translations must be accompanied by a declaration setting forth the translator’s qualifications and/or credentials.
Even though a decedent died testate, the petition must contain the names and relationships of all the heirs of the decedent. An heir is any person who would be entitled to distribution of a part of the decedent's estate including those who would be heirs if the decedent had a predeceased spouse or if the decedent had died intestate.
Where an instrument written in a foreign language is offered, it must be accompanied by a copy translated into English.
The petition must also list a devisee whose interest is contingent on the petition date or on an event.
Court's wording
In addition, if the interest of the devisee is contingent as of the date of the petition or the happening of an event, such as survivorship for a specific period, then the contingent devisee must also be listed.
Any other wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition
Heirs who take by virtue of intestacy must be sufficiently described to permit the Court to determine if the laws of intestate succession have been properly applied.
If the court appointed attorney requests an independent professional fiduciary be appointed, court appointed counsel must disclose if he or she currently represents that professional fiduciary in any other proceeding. This disclosure must be in the form of a declaration filed with the Court.
Filing & Service rules
Electronic Filing Rules
Each document requiring a file stamp or receipt must be transmitted to generate its own transaction receipt and, when applicable, transaction number.
Each document requiring a file stamp or to be received must be transmitted in a manner that generates a unique and individual transaction receipt (and, where applicable, a distinct transaction number) for that electronically filed document.
Page 1 | Standing Order Concerning Electronically Filed Documents
Parties represented by attorneys must e-file.
On April 26, 2024, the Court mandated eFiling for all parties represented by attorneys.
Page 1 | Standing Order Concerning Electronically Filed Documents
Attorneys submitting electronically filed documents must continue to comply with CRC 2.250 through 2.261.
Attorneys must continue to comply with CRC 2.250 through 2.261 when submitting any documents that are filed electronically.
Page 2 | Standing Order Concerning Electronically Filed Documents
All parties must e-file case-initiation documents as a bundle, which is exempt from the order’s separate-filing requirements.
All parties still must electronically file all documents related to case initiation as a bundle. This bundle is exempt from the above requirements.
Page 2 | Standing Order Concerning Electronically Filed Documents
Represented parties in covered civil and Appellate Division cases must file documents electronically, subject to the stated exceptions.
As authorized by Code of Civil Procedure section 1010.6(d) and CRC 2.253(b)(1)(A), and subject only to the exceptions in Local Rules 1.51(B)(2), 1.51(B)(3), and 1.51(B)(4) below, all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases), all Appellate Division cases, as permitted by law must file and serve documents electronically, except when personal service is required by statute or rule.
Page 10 | 1.51 ELECTRONIC FILING — B. Mandatory Electronic Filing Rules
Non-document filings, including files that cannot be converted to PDF, must be filed manually rather than electronically.
All non-document filings, including physical objects or anything other than a document, may not be e-filed. This includes electronic files which cannot be converted to PDF such as music and video files. Such files must be filed manually in an accessible format.
Page 10 | 1.50 ELECTRONIC RECORDS
The listed documents may not be filed electronically; additional excluded documents are identified on the court's e-filing webpage.
The following documents shall not be filed electronically (i) subpoenaed documents; (ii) Affidavit re: Real Property of Small Value; (iii) Labor Commissioner deposits of cash or check; (iv) bonds and undertakings; (v) wills and codicils (vi) trial exhibits; and (vii) other documents. Please see: https://www.marin.courts.ca.gov/online-services/efiling
Page 10 | 1.51 ELECTRONIC FILING — B.2. Documents Not Filed Electronically
Confidential documents must be submitted electronically as described in CRC 2.551(d), not on paper unless an electronic-filing exception applies or is granted.
Confidential documents shall be lodged or filed with the court by electronic submission in the manner described in CRC 2.551(d). Such records must not be submitted in paper form, unless an exception to the mandatory electronic filing rules applies or has been granted.
Page 13 | 13. Confidential Documents
In probate cases, covered proposed orders must be lodged electronically as PDFs attached to Judicial Council Form EFS-020, subject to applicable exemptions.
Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.
Page 13 | C. Electronic Filing Rules for Non-Criminal Cases
Once the Court’s E-filing system is implemented, parties filing electronically must use a court-approved electronic filing service provider.
Upon implementation of the Court’s E-filing system, parties filing documents electronically must use one of the court’s approved electronic filing service providers.
Page 13 | C. Electronic Filing Rules for Non-Criminal Cases
A motion to file documents under seal must be filed and served electronically.
A motion to file documents under seal must be filed and served electronically.
Page 13 | 13. Confidential Documents
The cover sheet identifying lodged or sealed documents must be filed electronically.
A cover sheet that identifies the lodged or sealed documents must be electronically filed.
Page 13 | 13. Confidential Documents
Proposed trial exhibits must be lodged on paper with the assigned trial department, not filed electronically, unless the trial judge instructs otherwise.
Proposed trial exhibits must not be filed electronically but instead must be lodged in paper format with the trial department once assigned, unless otherwise instructed by the trial judge.
Page 13 | 15. Trial Exhibits Not to be Filed Electronically
When instructed to prepare an order after a hearing, parties must lodge it electronically as a PDF attached to Judicial Council Form EFS-020.
If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.
Page 14 | C. Electronic Filing Rules for Non-Criminal Cases
Represented parties in criminal matters must file documents electronically, except for motions to set aside bail forfeiture and appeals from their denial.
Represented parties in criminal matters shall file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure 1016.6, and the authorities cited in Local Rule 1.51(B) above except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture.
Page 14 | D. Electronic Filing Rules for Criminal Cases
A criminal prosecution must be commenced by electronically filing an accusatory pleading.
Pursuant to Penal Code section 959.1, a criminal prosecution shall be commenced by filing an accusatory pleading in electronic form.
Page 14 | D. Electronic Filing Rules for Criminal Cases
Parties must comply with the cited requirements and conditions governing electronic filing and service.
Parties must comply with all requirements and conditions for electronic filing and service as set forth in Code of Civil Procedure section 1010.6(a)(1), (3), (4), (b)(1), (2), (5) and CRC Rules 2.250 through 2.253, 2.256, 2.257, and 2.259.
Page 29 | 1.51(A)
The listed documents, along with other documents identified by the court, must not be filed electronically.
The following documents shall not be filed electronically (i) subpoenaed documents; (ii) Affidavit re: Real Property of Small Value; (iii) Labor Commissioner deposits of cash or check; (iv) bonds and undertakings; (v) wills and codicils (vi) trial exhibits; and (vii) other documents. Please see: https://www.marin.courts.ca.gov/online-services/efiling
Page 29 | 1.51(B)(2)(a)
Filing Timing and Cure Windows
Experts must be disclosed at least five court days before the hearing.
Experts must be disclosed at least five court days prior to the hearing.
Page 11 | E. Retention of Expert by Parties
The competency evaluation receipt date must be set 17 court days after proceedings are initially suspended and an expert is appointed.
The scheduled for Receipt of the Competency Evaluation shall be set 17 court days after the Court initially suspends criminal proceedings and appoints an expert to evaluate the minor’s competency.
Page 12 | G. Setting Date for Receipt of Competency Report
The receipt date for competency evaluations for out-of-custody minors must be set within 30 days.
(Receipts for Competency Evaluations for out of custody minors shall be set within 30 days)
Page 12 | G. Setting Date for Receipt of Competency Report
For a more complex assessment requiring the full 15 Court days, the report must be filed with the court five days before the hearing.
In certain circumstances, the Court may detemine that the joint assessment hearing may need to be set out the full 15 Court days in order to facilitate the completion of a more complex assessment. In this case, the report will be filed with the court five days before the hearing.
Page 21 | Appendix C
The non-lead agency must submit its assessment for a Court report to the primary worker/officer at least 5 days before the report is due to be filed.
• Writing and submitting assessment for Court reports to the primary worker/officer no later than 5 days before the report must be filed.
Page 28 | V. Case Planning and Supervision
Unless the court orders otherwise, opposition papers and supplemental documents must be filed at least five court days before the hearing.
Unless ordered otherwise, all opposition papers and supplemental documents must be filed at least five (5) court days before the hearing.
Civil cases
Page 2 | 6.2 CALENDAR AND PROCEDURAL MATTERS
Ex parte applications and supporting documents must be filed by 10:00 a.m. two court days before the hearing.
Ex parte applications and supporting documents must be filed no later than 10:00 a.m. two (2) court days before the application is to be heard.
Civil cases
Page 5 | 6.3 EX PARTE MATTERS
Written opposition to an ex parte application must be filed by 3:30 p.m. one court day before the hearing.
Any written opposition must be filed by 3:30 p.m. one (1) court day before the application is to be heard.
Civil cases
Page 5 | 6.3 EX PARTE MATTERS
Parties must lodge their settlement conference statements with the Court at least ten court days before the settlement conference.
At least ten (10) court days before the settlement conference, parties shall lodge a settlement conference statement with the Court.
Civil cases
Page 6 | 6.5 SETTLEMENT CONFERENCES
The depository receipt and agreement must be filed before issuance of Letters.
A. Before Issuance of Letters. The receipt and agreement of depository required by the Probate Code must be filed prior to the issuance of Letters.
Civil cases
Page 11 | 6.17 REDUCING BOND THROUGH USE OF DEPOSITORY FOR BLOCKED ACCOUNT
A fiduciary or the fiduciary’s attorney must apply immediately for an order increasing the bond upon becoming aware that the bond is insufficient.
A. Duty and Application. It is the duty of the fiduciary or the fiduciary's attorney, upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond.
Civil cases
Page 11 | 6.18 BOND MODIFICATION
The inventory and appraisal for a decedent’s estate is due within four months after issuance of the personal representative’s letters.
B. Due Date. The inventory and appraisal for a decedent's estate is due within four months of issuance of letters of a personal representative.
Civil cases
Page 12 | 6.20 PREPARING INVENTORY AND APPRAISAL
The Court will not enter a confirmation order requiring additional bond until that bond has been filed.
If additional bond is required in the confirmation order, the Court will not enter the order until the additional bond is filed.
Civil cases
Page 15 | 6.29 RETURN OF PRIVATE SALE FOR COURT CONFIRMATION
A Probate Referee appraisal, and a reappraisal when the stated one-year condition applies, must be on file before the return-of-sale hearing.
In order for a private sale to be confirmed, there must be on file an appraisal by the Probate Referee of the property and, if required, a reappraisal by the Probate Referee if the decedent's date of death or guardian's or conservator's appointment occurred more than one year before the date of the confirmation hearing. The appraisal and reappraisal shall be on file prior to the hearing date on the return of sale.
Civil cases
Page 15 | 6.29 RETURN OF PRIVATE SALE FOR COURT CONFIRMATION
The parent’s declaration must be on file before the hearing date.
Where delivery of the assets is to be made to the minor's parent, the declaration by the parent complying with the provisions of Probate Code § 3401 must be on file before the hearing date.
Civil cases
Page 21 | 6.41 DISTRIBUTION TO MINORS
The nominated trustee’s consent must be on file before the hearing on the petition for distribution to the trustee.
If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee.
Civil cases
Page 21 | 6.42 DISTRIBUTIONS TO TRUSTEES
The required Letters Testamentary or affidavit must be filed before the hearing date.
Counsel must file a certified copy of Letters Testamentary or the original affidavit required by Probate Code § 13101 before the hearing date.
Civil cases
Page 21 | 6.43 DISTRIBUTION TO REPRESENTATIVE OF DECEASED HEIR OR BENEFICIARY
A misdemeanor complaint for an in-custody defendant must be filed by noon for a same-day 1:30 p.m. hearing.
B. Misdemeanor In-Custody Complaints. A misdemeanor complaint charging an in- custody defendant shall be filed by noon to be heard the same day at 1:30 p.m.
Criminal cases
Page 3 | 3.3 SETTING OF ARRAIGNMENT DATES AND FILING OF CRIMINAL COMPLAINTS
Service and Proof of Service Rules
The competency evaluation report must be delivered to the Judge, Probation Officer, District Attorney, and Defense Counsel two court days before the hearing.
The Competency Evaluation Report shall be delivered to the Judge, Probation Officer, District Attorney and Defense Counsel two court days before the Competency Hearing.
Page 12 | G. Setting Date for Receipt of Competency Report
Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.
Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.
Page 20 | III. Screening and Assessment
For youth not detained, the report and hearing notice must be given to all parties at least five calendar days before the hearing.
A copy of the report and notice of the hearing will be given to all parties at least 5 calendar days before the hearing.
Page 21 | Appendix C
For youth in custody, copies of the joint assessment report must be provided to parties at least two days before the hearing.
Copies of the joint assessment report will be provided to parties at least two days before the actual hearing.
Page 21 | Appendix C
For youth in custody, hearing notice must be given to all parties at least five days before the hearing.
Notice of the hearing will be given to all parties at least five days before the hearing date.
Page 21 | Appendix C
Notice must be given to the Probate Court Investigator in every conservatorship and guardianship matter.
Notice to the Probate Court Investigator shall be given in all conservatorship and guardianship matters.
Civil cases
Page 5 | 6.3 EX PARTE MATTERS
Notice for ex parte matters must follow the California Rules of Court applicable to civil ex parte matters, subject to the stated exceptions.
Subject to the following exceptions, notice shall be provided in accordance with the California Rules of Court (CRC) applicable to civil ex parte matters.
Civil cases
Page 5 | 6.3 EX PARTE MATTERS
A party excused from e-filing must mail the settlement conference statements to the panelists after submitting them to the Court.
If excused by the Court from E-filing, the excused party shall mail the statements to the settlement panelists after submitting to the Court.
Civil cases
Page 6 | 6.5 SETTLEMENT CONFERENCES
A special administrator may not receive IAEA powers until proper publication and notice have been completed.
A special administrator cannot be granted powers under the Independent Administration of Estates Act (IAEA) unless proper publication and notice has been completed.
Civil cases
Page 8 | 6.9 SPECIAL LETTERS OF ADMINISTRATION
When an unmentioned will or codicil is presented in an amended petition, a new Notice of Petition to Administer Estate must be published and mailed.
Any other wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition and a new Notice of Petition to Administer Estate must be published and mailed.
Civil cases
Page 9 | 6.11(C)
If mailing is correct but publication is defective, the matter must be taken off calendar and new notice must be given by publication and mailing.
If the mailing is correct but the publication defective, the matter must be taken off calendar and a new notice must be given by publication and mailing.
Civil cases
Page 9 | 6.11(D)(2)
The attorney is responsible for obtaining Letters and arranging the required notice and publication.
The attorney is responsible for obtaining Letters, including notice and publication.
Civil cases
Page 9 | 6.11(A)
Notice must be given to the Attorney General and any foreign consulate when required by the Probate Code.
Notice must be given to the Attorney General and foreign consulate as required by the Probate Code.
Civil cases
Page 9 | 6.11(A)
Required publication must appear in one of the listed newspapers adjudicated for publication in Marin County.
Publication must take place in one of the newspapers adjudicated for publication in Marin County which are: Ark Newspaper; Marin Independent Journal; Marinscope (Mill Valley Herald; Novato Advance; Ross Valley Reporter; San Rafael News Pointer; Sausalito Marin Scope; Twin Cities Times; Marin County Post) Pacific Sun; The Point Reyes Light.
Civil cases
Page 9 | 6.11(C)
The attorney, not the Clerk, must arrange for publication.
It is the responsibility of the attorney to arrange for publication; the Clerk does not have this responsibility.
Civil cases
Page 9 | 6.11(C)
Notice must be given to every living individual or entity identified in the probate petition.
Notice must be given to all living individuals or entities identified in the petition for probate.
Civil cases
Page 9 | 6.11(B)
The petition, a copy of the proposed inventory and appraisal, and the hearing notice must be served on all persons entitled to notice under Probate Code § 8903.
The petition, including a copy of the proposed inventory and appraisal, and notice of hearing shall be served on all persons who are entitled to notice pursuant to Probate Code § 8903.
Civil cases
Page 12 | 6.21 APPOINTMENT OF REFEREE
Notice must be given to the devisee of specifically devised property, all residuary beneficiaries, and the original purchasers whose bid is returned for confirmation.
Notice shall be given to the devisee of specifically devised property and to all residuary beneficiaries. The original purchasers of the property whose bid is being returned to Court for confirmation shall also be noticed.
Civil cases
Page 13 | 6.26 GENERAL INFORMATION
Filing Fees and Waivers
Court investigator fees must be paid before the accounting can be approved.
The fees of the court investigator must be paid before the accounting will be approved.
Civil cases
Page 31 | Assessment Fees of Court Investigator
A Clerk’s Declaration costs $25 for each record included.
Upon request, the Court will draft a Clerk’s Declaration on Court letterhead stating the disposition of a court case or a statement that no record was found. The fee for a Clerk’s Declaration is $25 for each record included in the Declaration.
Page 3 | General Administrative Rules
Copy jobs of 50 pages or fewer must be prepaid at $0.50 per page.
For copy jobs of 50 pages or fewer, the requestor must prepay for copies at $0.50 per page.
Page 3 | 1.10 COPIES OF COURT RECORDS
Mailed research requests must include a properly stamped return envelope and a check with the specified memo-line amount.
If submitting research requests by mail, requestors must enclose a self-addressed stamped envelope with proper postage and a check made out to Marin County Superior Court. On the memo line, write “amount not to exceed $35,” if the amount of the research is unknown, or the amount previously provided by the Court.
Page 3 | General Administrative Rules
Printed court documents and registers of action cost $0.50 per page, are payable at printing, and must be purchased once printed.
Upon request, the Court will use its computer system to print documents and, registers of action from the court file. Copy fees of $0.50 per page are due and payable at the time of printing. Once printed, the requestor shall purchase the printed document. The requestor may not view the printed document and decline to pay the copy fee.
Page 3 | 1.10 COPIES OF COURT RECORDS
Checks and money orders may be used to pay fees, fines, or bail deposits only if they meet the listed currency, amount, date, payee, and consistency requirements.
The Clerk shall accept a personal check, cashier's check, or money order offered in payment of any fee, fine or bail deposit provided the following conditions are met: 1. The Bank imprinted personal check, cashier's check, or money order is in U.S. dollars, with a dollar sign ($) and the word “dollars” printed on it; 2. The amount of any such payment shall not exceed the face amount; 3. The check is not post-dated or stale-dated; 4. All instruments shall be made payable to the "Marin County Superior Court" or other similar designee (no two-party checks); 5. The numeric figures on the check shall agree with the amount written in words; and 6. The sum shall be payable in U.S. currency.
Page 3 | 1.12 CHECK CASHING
Copy jobs exceeding 50 pages require a deposit set by the Court based on the estimated number of copies.
For copy jobs of more than 50 pages, requestors must leave a deposit, in an amount determined by the Court, based upon the estimated number of copies.
Page 3 | 1.10 COPIES OF COURT RECORDS
Governmental agencies requesting copies must provide self-addressed stamped envelopes with enough postage to cover the copy cost.
Governmental agencies requesting copies of court orders, filed documents, or other court records shall include self-addressed stamped envelopes with postage sufficient to cover the cost of their copies.
Page 3 | 1.10 COPIES OF COURT RECORDS
The ex parte application filing fee must be paid to the Clerk’s Office before the hearing.
Parties shall pay the ex parte application filing fee to the Clerk’s Office prior to the hearing in a department.
Page 38 | 2.12 Applications for Ex Parte Orders, Provisional Remedies and Orders Shortening Time
A defendant may request traffic violator school when it was not initially ordered, upon payment of a $52 fee.
b. Allow traffic violator school when not initially ordered, upon payment of $52 Traffic Violator School fee.
Page 57 | B. Ex Parte Judicial Review After Adjudication
For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles.
For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles.
Page 58 | 4.8 A. Clerks’ Authority in Infraction Cases Not Transferred to Court Collections
A continuance obtained under the stated agreement procedure requires payment of the continuance fee.
After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed.
Page 96 | 7.10 CONTINUANCES
Court investigator fees must be paid before the accounting is approved.
The fees of the court investigator must be paid before the accounting will be approved.
Page 100 | 6.60 Accounts and Reports in Conservatorship Proceedings
The applicable filing fee or an Application and Order for Fee Waiver must be submitted to the Clerk’s Office before the ex parte hearing.
The ex parte application shall be filed, and the filing fee (or Application and Order for Fee Waiver) shall be paid to the Clerk’s Office prior to the hearing in a department.
Page 112 | 7.6 EX PARTE MATTERS AND ORDERS
Fees required by Government Code section 68097.2 must be deposited with a subpoena for a CCR counselor’s or evaluator’s deposition or trial appearance.
Any subpoena requiring the appearance of a Family Court Services CCR counselor/evaluator at deposition or trial shall be hand delivered to Family Court Services at least ten (10) days prior to the appearance date with fees deposited as required by Government Code § 68097.2.
Page 122 | 7.17 J. CCR Counselor Recommendations and Testimony
A continuance fee must be paid to obtain a continuance by agreement through the Clerk’s Office.
After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed.
Page 6 | 7.10 CONTINUANCES
An ex parte application must be filed and its filing fee or fee-waiver application submitted to the Clerk’s Office before the hearing.
The ex parte application shall be filed, and the filing fee (or Application and Order for Fee Waiver) shall be paid to the Clerk’s Office prior to the hearing in a department.
Page 93 | 7.6 EX PARTE MATTERS AND ORDERS
Parties must pay the applicable filing fees for further stipulations to continue Case Progress Conferences.
The Court will require parties to pay the applicable filing fees for any further stipulations to continue Case Progress Conferences.
Page 93 | 7.5 FAMILY CENTERED CASE RESOLUTION
Courtesy Copy Requirements
Parties must provide hard courtesy copies of the documents listed in 2.15 B and C to the trial department at least 5 court days before the Issue Conference, in an indexed binder with each motion separately bookmarked as required by CRC 3.1110(f).
Not later that than five (5) court days before the Issue Conference, the parties shall provide courtesy hard copies of all documents listed in 2.15 B and C directly to the trial department. These copies shall be submitted in an indexed binder and each motion shall be separately bookmarked in a manner consistent with the requirements set forth in CRC 3.1110(f).
Page 42 | 2.15 D. Courtesy Copies
The parties must provide courtesy hard copies of the documents listed in Rule 2.15 B and C directly to the trial department no later than five court days before the Issue Conference.
Not later that than five (5) court days before the Issue Conference, the parties shall provide courtesy hard copies of all documents listed in 2.15 B and C directly to the trial department.
Civil cases
Page 9 | Rule 2.15 D
Required courtesy copies are deemed submitted when the original document is e-filed, unless the court orders otherwise.
Any required courtesy copies are deemed submitted upon the e-filing of an original document unless otherwise ordered by the court.
Page 30 | 1.51(B)(2)(d)
Any required courtesy copy is deemed submitted when the original document is e-filed, unless the court orders otherwise.
Any required courtesy copies are deemed submitted upon the e-filing of an original document unless otherwise ordered by the court.
Page 11 | General Administrative Rules
Sealing & Redaction Procedures
Parties and attorneys must omit or redact Social Security and financial account numbers from filed documents unless the documents are filed under seal.
California Rules of Court, rule 1.20, which is applicable to all documents filed in all civil and criminal proceedings unless otherwise required by law, provides that parties and their attorneys must not include, or must redact where inclusion is necessary, social security numbers and financial account numbers from any documents filed with the court other than under seal.
Page 9 | 1.21 NOTICE AND WARNING: SANCTIONS FOR INCLUDING SOCIAL SECURITY AND FINANCIAL ACCOUNT INFORMATION IN FILED DOCUMENTS
Redacted versions of lodged or sealed documents must be filed electronically at the same time as the corresponding documents.
Redacted versions of any lodged or sealed documents must be filed electronically at the same time.
Page 13 | 13. Confidential Documents
Electronically filed documents are public unless sealed or confidential, and parties must omit or redact personal data identifiers unless the document is confidential or filed under seal.
Except as provided in CRC 2.500 through 2.507, an electronically filed document is a public document at the time it is filed unless it is ordered sealed pursuant to CRC 2.550 – 2.551 or filed as a confidential document pursuant to law. Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the court under this Rule, such as social security numbers and financial account numbers. (CRC 1.201)
Page 13 | 13. Confidential Documents
Unless otherwise required by law, parties and attorneys must omit or redact social security and financial account numbers from filed documents, except documents filed under seal.
California Rules of Court, rule 1.20, which is applicable to all documents filed in all civil and criminal proceedings unless otherwise required by law, provides that parties and their attorneys must not include, or must redact where inclusion is necessary, social security numbers and financial account numbers from any documents filed with the court other than under seal.
Page 28 | 1.21.A
A motion to file documents under seal must be filed and served electronically.
A motion to file documents under seal must be filed and served electronically.
Page 32 | General Administrative Rules
Unless a document is confidential or will be filed under seal, parties must omit or, when necessary, redact personal data identifiers from documents filed with the Court.
Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the court under this Rule, such as social security numbers and financial account numbers.
Page 32 | General Administrative Rules
Redacted versions of lodged or sealed documents must be filed electronically at the same time as the corresponding documents.
Redacted versions of any lodged or sealed documents must be filed electronically at the same time.
Page 32 | General Administrative Rules
For parties filing documents under seal or conditionally under seal, all redacted portions of the public filings shall be highlighted on the documents filed or conditionally filed under seal for the Court’s ease of reference.
For parties filing documents under seal or conditionally under seal, all redacted portions of the public filings shall be highlighted on the documents filed or conditionally filed under seal for the Court’s ease of reference.
Page 36 | 2.8 MISCELLANEOUS GENERAL PROVISIONS
The required supplemental financial materials must be lodged under seal in proceedings involving child or spousal support, attorney’s fees, or Family Code section 271 sanctions.
In all proceedings where child or spousal support, attorney’s fees, or Family Code §271 sanctions are an issue, in addition to filing completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation:
Page 97 | 7.13 C. Required Supplemental Documentation
The financial records are confidential and may be used only for court proceedings.
Such records are confidential and may not be used for purposes other than court proceedings.
Page 97 | 7.13 C. Required Supplemental Documentation
The required supplemental financial materials must be lodged under seal in the specified proceedings.
In all proceedings where child or spousal support, attorney’s fees, or Family Code §271 sanctions are an issue, in addition to filing completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation: copies of the party’s two most recent state and federal income tax returns and all K-1's for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2's, 1099's and K-1's); and copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity. A self-employed party shall provide their most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business.
Page 97 | 7.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT
The confidential records may be used only for court proceedings.
Such records are confidential and may not be used for purposes other than court proceedings.
Page 97 | 7.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT
Redacted portions of public filings must be highlighted on the corresponding documents filed under seal or conditionally under seal.
For parties filing documents under seal or conditionally under seal, all redacted portions of the public filings shall be highlighted on the documents filed or conditionally filed under seal for the Court’s ease of reference.
Civil cases
Page 17 | LAW AND MOTION MATTERS
Except as provided by the cited rules, an electronically filed document is public when filed unless it is ordered sealed or filed as confidential under law.
Except as provided in CRC 2.500 through 2.507, an electronically filed document is a public document at the time it is filed unless it is ordered sealed pursuant to CRC 2.550 – 2.551 or filed as a confidential document pursuant to law.
Page 32 | General Administrative Rules
At the conclusion of the hearing, materials lodged under seal may be returned to the submitting party upon request unless the Court orders that they be retained.
All materials lodged under seal pursuant to this Rule may be returned upon request to the party submitting same at the conclusion of the hearing unless ordered to be retained by the Court.
Page 97 | 7.13 C. Required Supplemental Documentation
Sealed materials may be returned to the submitting party upon request after the hearing unless the Court orders retention, and otherwise will be destroyed within a reasonable time unless return is requested.
All materials lodged under seal pursuant to this Rule may be returned upon request to the party submitting same at the conclusion of the hearing unless ordered to be retained by the Court. Such records are confidential and may not be used for purposes other than court proceedings. Such materials will be destroyed by the Court within a reasonable time after the hearing unless the submitting party requests their return.
Page 97 | 7.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT
Filing Bundling Requirements
Documents requiring separate file stamps and docket entries must be filed as separate PDFs, not bundled with other documents.
Each document that requires a file stamp and to be docketed as a separate filing must be electronically filed as its own individual and separate PDF document (e.g., Motion, Memorandum of Points and Authorities, Declaration, Notice, Proof of Service, Request, Response, Opposition, etc.). Bundle-submitted documents with other documents in the same case will no longer be allowed.
Page 1 | Standing Order Concerning Electronically Filed Documents
Case-initiation documents must be bundled when filed.
All parties still must electronically file all documents related to case initiation as a bundle. This bundle is exempt from the above requirements.
Page 2 | Standing Order Concerning Electronically Filed Documents
Supporting documents may be submitted as accompanying documents if consistent with applicable rules and the Court’s electronic filing requirements.
Any supporting documents may continue to be submitted as accompanying documents consistent with applicable rules and the Court’s electronic filing requirements.
Page 1 | Standing Order Concerning Electronically Filed Documents
The petitions for authority to sell and for authorization to grant an exclusive listing may be combined as a noticed petition.
The petitions may be combined as a noticed petition.
Civil cases
Page 29 | 6.58.C Exclusive Broker Listings
The petitions for authority to sell and for an exclusive listing may be combined as a noticed petition.
The petitions may be combined as a noticed petition.
Page 98 | 6.58 NOTICE IN CONSERVATORSHIP PROCEEDINGS, C. Exclusive Broker Listings
Pre-Motion Conference Requirements
Before filing a discovery motion in a civil case, parties must make a reasonable, good-faith attempt to resolve each disputed issue informally.
Parties must reasonably and in good faith attempt informal resolution of each issue in any discovery dispute in a civil case prior to filing a discovery motion.
Page 38 | 2.13 A. Policy of the Marin County Superior Court
Within ten calendar days after the discovery motion or referral stipulation is filed, the parties must notify the ADR Coordinator of an agreed facilitator or each side must submit a written rejection of no more than one listed facilitator.
If the parties agree on the selection of a Discovery Facilitator from the list provided, they shall notify the ADR Coordinator within ten (10) calendar days following the filing date of the discovery motion or referral stipulation. If the parties cannot agree on a Facilitator, then within the ten (10) calendar day period, each side shall submit to the ADR Coordinator a written rejection identifying no more than one name on the list of potential Facilitators that it does not accept.
Page 39 | Civil Rules
For unresolved civil discovery disputes, parties must use the Discovery Facilitator Program, and reasonable, good-faith participation before filing satisfies the meet-and-confer requirement.
For any discovery dispute in a civil case that the parties cannot resolve informally in the meet and confer process, it shall be the policy of the Marin County Superior Court to require use of the Discovery Facilitator Program (“the Program”). Reasonable and good faith participation in the Program before the filing of a discovery motion satisfies a party’s meet and confer obligation for purposes of this rule.
Page 39 | Civil Rules
After a discovery motion is filed, the court refers the dispute to the Program, and the parties and facilitator must promptly begin the resolution process after appointment.
After the filing of a discovery motion, the Court shall refer the dispute to the Program. All discovery motions will be referred to the discovery facilitation process. The parties and the discovery facilitator shall promptly commence the resolution process upon the discovery facilitator’s appointment.
Page 39 | Civil Rules
Upon receiving notice of the facilitator’s appointment, the parties must promptly deliver the pleadings and discovery needed to resolve the dispute to the facilitator.
Upon receipt of the “Notice of Appointment of Discovery Facilitator,” the parties shall promptly deliver to the Discovery Facilitator copies of the pleadings and discovery necessary to facilitate resolution of the dispute.
Page 40 | Civil Rules
Pre-hearing discovery must proceed informally under CRC 5.546, and a party may petition the Court for discovery only after informal means are exhausted.
Pre-hearing discovery shall be conducted informally in accordance with CRC 5.546. Only after informal means have been exhausted may a party petition the Court for discovery.
Page 62 | 5.1 JUVENILE COURT RULES - GENERALLY — C. Discovery
Depositions and other listed or similar civil discovery methods require the Juvenile Court Judge’s approval upon noticed motion.
There shall be no depositions, requests for production of documents, interrogatories, requests for admissions or other similar types of civil discovery without approval of the Judge of the Juvenile Court upon noticed motion.
Page 62 | 5.1 JUVENILE COURT RULES - GENERALLY — C. Discovery
Before a contested evidentiary hearing is set, parties must make a reasonable, good-faith effort to resolve the dispute in person if possible or otherwise by telephone.
Prior to the setting of a contested evidentiary hearing, a party or their respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference.
Page 73 | 6.2 E. Contested Matters
Any Request for Order or Motion to Compel Discovery is immediately referred to the Discovery Facilitator Program upon filing.
Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program.
Page 10 | 7.16(A)(2) Upon the Filing of a Discovery Motion
A Penal Code § 995 motion is assigned to a felony department by clerk rotation or the Supervising Judicial Officer, after which that department sets a briefing schedule and hearing date.
Any motion to dismiss the information pursuant to Penal Code § 995 will be assigned either on a rotation by the clerk or by the Supervising Judicial Officer of the Criminal Division to a felony department for hearing. Upon assignment, the case will be added to the assigned department to set a date for a briefing schedule and hearing.
Criminal cases
Page 4 | 3.7 MOTIONS TO DISMISS PURSUANT TO PENAL CODE § 995
A party must exhaust informal discovery means before petitioning the Court for discovery.
Only after informal means have been exhausted may a party petition the Court for discovery.
Page 43 | C. Discovery
Before filing a discovery motion, parties must reasonably and in good faith attempt to resolve each issue informally.
Parties must reasonably and in good faith attempt informal resolution of each issue in any discovery dispute in a civil case prior to filing a discovery motion.
Civil cases
Page 5 | 2.13 DISCOVERY FACILITATOR PROGRAM
After a discovery motion is filed, the Court refers the dispute to the Program, and the parties and facilitator must promptly begin the resolution process upon the facilitator’s appointment.
After the filing of a discovery motion, the Court shall refer the dispute to the Program. All discovery motions will be referred to the discovery facilitation process. The parties and the discovery facilitator shall promptly commence the resolution process upon the discovery facilitator’s appointment.
Civil cases
Page 6 | 2.13 DISCOVERY FACILITATOR PROGRAM
For a civil discovery dispute that parties cannot resolve informally, the Court’s policy is to require use of the Discovery Facilitator Program.
For any discovery dispute in a civil case that the parties cannot resolve informally in the meet and confer process, it shall be the policy of the Marin County Superior Court to require use of the Discovery Facilitator Program (“the Program”).
Civil cases
Page 6 | 2.13 DISCOVERY FACILITATOR PROGRAM
Parties are expected to participate in good faith in the Program or other dispute resolution before a discovery matter is set for hearing; nonparties are encouraged but not required to participate, and the court may consider their participation.
In furtherance of this policy, all parties to a discovery dispute are expected to participate in good faith in the Discovery Facilitator Program or another appropriate form of dispute resolution before the matter is set for hearing. Nonparties who are the subject of a discovery motion (including third-party recipients of subpoenas or discovery requests) are encouraged, but not required, to participate in the Discovery Facilitator Program or other ADR process. The Court may consider the participation or non-participation of such nonparties in managing how the discovery motion proceeds.
Page 39 | Civil Rules
After assignment, a Penal Code § 995 motion is added to the assigned department to set a briefing schedule and hearing date.
Any motion to dismiss the information pursuant to Penal Code § 995 will be assigned either on a rotation by the clerk or by the Supervising Judicial Officer of the Criminal Division to a felony department for hearing. Upon assignment, the case will be added to the assigned department to set a date for a briefing schedule and hearing.
Page 49 | 3.7 MOTIONS TO DISMISS PURSUANT TO PENAL CODE § 995
An RFO or motion to compel discovery is referred immediately to the Discovery Facilitator Program upon filing.
Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program.
Page 119 | 7.16 DISCOVERY FACILITATOR PROGRAM
Before filing a discovery motion, the parties may request referral to the Discovery Facilitator Program by filing a referral stipulation with the court.
The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation for such a referral with the Court.
Page 10 | 7.16(A)(1) Before the Filing of a Discovery Motion
Adjournment & Extension Requirements
For an in-custody minor, the competency hearing should be set within 15 court days of the report, with a short extension for good cause to accommodate expert availability or additional evaluations.
If the minor is in custody, a Competency Hearing should be set within 15 court days from the Receipt of Competency Evaluation Report, unless there is good cause to extend the time for a short period to accommodate the availability of expert witnesses or to allow for completion of additional evaluations.
Page 13 | VI. COMPETENCY HEARING
Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.
Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel.
Civil cases
Page 2 | 6.2 CALENDAR AND PROCEDURAL MATTERS
A sale of real property or an Order to Show Cause will be continued only upon a properly noticed appearance.
The court will continue the following matters only upon a properly noticed appearance: i. Sale of Real Property ii. Order to Show Cause
Civil cases
Page 2 | 6.2 CALENDAR AND PROCEDURAL MATTERS
A settlement conference cannot be continued by stipulation; any continuance request must be filed at least ten court days before the scheduled hearing, and all parties must appear on the date set by the Probate Judge to hear the request.
Matters scheduled for a settlement conference cannot be continued by stipulation. All continuance requests (whether stipulated to or not) must be filed at least ten (10) court days prior to the scheduled hearing date. Once filed, a date to hear the continuance request will be set by the Probate Judge. All parties must appear.
Civil cases
Page 6 | 6.5 SETTLEMENT CONFERENCES
A continuance requested before the hearing must be requested at least three court days beforehand, by a stipulated motion and proposed order signed by all appearing parties, with the petitioner and appearing parties stipulating and notice provided to all parties entitled to notice.
Any request for a continuance before the time of the hearing must be made: i. At least three (3) court days prior to hearing; ii. By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance. iv. All parties entitled to notice of the underlying petition must receive notice.
Civil cases
Page 53 | 6.2, Procedure for Obtaining a Continuance in Contested Matters
Once an evidentiary hearing or trial is scheduled, a continuance cannot be made by stipulation; the request must be made by noticed motion with notice to all interested parties entitled to notice of the petition.
Once a matter has been scheduled for an evidentiary hearing/trial, it cannot be continued by stipulation. These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition.
Civil cases
Page 53 | 6.2, Procedure for Obtaining a Continuance in Contested Matters
A continuance of a law and motion matter requires a stipulation signed by all parties filed at least five court days before the hearing; a later request requires a written court order.
Requests to continue law and motion matters shall be granted upon filing of a stipulation signed by all parties no later than five (5) court days prior to a hearing. Requests to continue law and motion matters filed fewer than five (5) court days prior to a hearing will not be granted without written order of the Court.
Page 37 | 2.9 B. Continuances
A party may request a small-claims hearing continuance in writing for good cause; the Court must receive the request at least 10 calendar days before the hearing unless it finds good cause for a later request.
Any party may submit a written request to postpone a hearing for good cause. The Court will only consider requests to continue small claims proceedings if the Court receives the request in writing at least ten (10) calendar days before the hearing date, unless the Court determines that the requesting party has good cause to file the request at a later date.
Page 43 | 2.19, A. Continuances
To qualify for clerk review, modification requests must be made on or before the court-ordered due date.
Defendants or their counsel must make requests for modifications timely, meaning on or before the court ordered due date, in order to be eligible for review in the Clerk’s Office.
Page 53 | 3.18.B Requests for Modifications That Must Be Submitted to the Clerk’s Office
A request to extend a jail remand or surrender date must be submitted at least 10 calendar days before the court-ordered surrender date.
1. Requests to extend jail remand/surrender to a later date. These must be submitted no later than ten (10) calendar days prior to the court ordered surrender date,
Page 54 | 3.18.C Requests for Modifications That Must Be Submitted to the Judicial Officer Who Pronounced Judgment
For a contested court trial, each side is entitled to one trial-date continuance if the Traffic Division receives the request at least 10 calendar days before trial.
When a case has been set for a contested court trial, each side shall be entitled to one continuance of the trial date provided the request is received by the Traffic Division not fewer than ten (10) calendar days prior to the assigned date of trial.
Page 56 | 4.6 TRIAL CONTINUANCES
Except for continuances of trial dates, the Clerk’s Office may grant a defendant one extension of up to 30 calendar days if the request is made on or before the date set or required.
Except for continuance of a trial date, on or before the date set or required in any matter, the Clerk’s Office shall have the authority to grant the defendant one extension of not more than thirty (30) calendar days.
Page 56 | 4.5 CONTINUANCES
The Court and deputy clerks will not grant a request to reset a contested court trial within ten calendar days of its scheduled date.
1. For reset of contested court trial within ten (10) calendar days of the scheduled court hearing date.
Page 59 | 4.8(B) Requests Neither the Court nor Clerks Will Grant
The Court and deputy clerks will not grant a request to reset a second or subsequent court-trial date.
2. For reset of second or subsequent date for court trial.
Page 59 | 4.8(B) Requests Neither the Court nor Clerks Will Grant
The Court and deputy clerks will not grant a subsequent extension of time to pay or provide the specified proof after an initial 30-day extension.
6. To grant subsequent extension, following an initial 30-day extension, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).
Page 59 | 4.8(B) Requests Neither the Court nor Clerks Will Grant
The Court and deputy clerks will not grant a subsequent extension of time to pay or provide the specified proof after an extension granted by a judicial officer.
7. To grant subsequent extension, following an extension granted by a judicial officer, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s).
Page 59 | 4.8(B) Requests Neither the Court nor Clerks Will Grant
Continuances must be requested and granted under W&I Code § 352 and may be granted for good cause when consistent with the child’s welfare.
F. Continuances shall be requested and granted in accordance with W&I Code § 352. The Court recognizes that practical realities sometimes require continuances and may be granted where good cause exists, and the continuance is not contrary to the child’s welfare.
Page 63 | F. Continuances
In a contested matter, a continuance request before the hearing must be made at least three court days beforehand by stipulated motion and proposed order signed by all appearing parties, with the petitioner and appearing parties stipulating and all parties entitled to notice receiving notice.
Any request for a continuance before the time of the hearing must be made: i. At least three (3) court days prior to hearing; ii. By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance. iv. All parties entitled to notice of the underlying petition must receive notice.
Page 72 | Probate Rules — B. Filing, Hearing, and Continuance Procedures
Chambers Communication Rules
In the event of an extreme emergency, a request for a specially-set ex parte hearing may be emailed to probate@marin.courts.ca.gov. Such request must provide sufficient facts to justify an earlier hearing date and will be submitted to the Probate Judge for consideration and will not be granted without judicial approval.
In the event of an extreme emergency, a request for a specially-set ex parte hearing may be emailed to probate@marin.courts.ca.gov. Such request must provide sufficient facts to justify an earlier hearing date and will be submitted to the Probate Judge for consideration and will not be granted without judicial approval.
Civil cases
Page 5 | 6.3 EX PARTE MATTERS
If special power of sale is granted and the conservatee’s personal residence is to be sold, the conservator must notify the Court that the sale was discussed with the conservatee.
However, if granted, the conservator must notify the Court if the personal residence is to be sold and that the sale has been discussed with the conservatee.
Civil cases
Page 29 | 6.58.C Exclusive Broker Listings
A party seeking oral argument must notify the Court and all parties entitled to notice by 4:00 p.m. on the preceding court day; notice to parties may be by telephone or in person without speaking to them directly, and oral argument is not permitted without notice unless ordered by the Court. If oral argument is not requested, the tentative ruling becomes the order.
If a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all parties entitled to notice of the underlying petition or motion by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e. it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling shall become the order of the Court.
Civil cases
Page 53 | 6.2, Tentative Rulings, Oral Argument
A party, defendant, or counsel of record must notify the Court at least three calendar days before the hearing when an interpreter is required.
Where a party or defendant or other person is entitled to and requires the assistance of a court interpreter, the party, defendant, or counsel of record shall notify the Court at least three (3) calendar days before the hearing.
Page 20 | 1.5 COURT INTERPRETERS
If an interpreter is later determined to be unnecessary, the defendant or counsel must notify the Court at least 24 hours before the hearing.
Where it is later determined that the interpreter is not needed, defendant or counsel shall provide notice to the Court at least 24 hours before the hearing.
Page 20 | 1.5 COURT INTERPRETERS
Parties must not initiate communications with the Court’s research attorneys.
Parties shall not initiate communications with the Court's research attorneys.
Page 36 | 2.8 MISCELLANEOUS GENERAL PROVISIONS
Counsel must notify the presiding department’s clerk at least five days before the settlement conference if an interpreter is needed or an in-custody Marin County parent wishes to participate.
Counsel shall notify the clerk of the presiding department at least five (5) days prior to the settlement conference if there is a need for an interpreter or if a parent is in custody in Marin County and wishes to participate.
Page 64 | K. Settlement Conferences
For a parent held in the Marin County Jail, counsel must notify the Courtroom Clerk as early as possible and at least 24 hours before the appearance.
If the parent is in custody in the Marin County Jail, counsel shall notify the Courtroom Clerk at the earliest possible time, but no later than twenty-four (24) hours prior to the scheduled court appearance, to arrange for the parent’s presence in court.
Page 64 | J. In Custody Parents
Counsel for an in-custody parent who wants to attend a dependency proceeding must notify the Courtroom Clerk that the parent needs to be produced and, if applicable, secure a transportation order.
Counsel for an in custody parent who has made known their desire to attend a dependency proceeding are responsible for notifying the Courtroom Clerk of the need to produce the parent in court, and if applicable for securing an appropriate transportation order.
Page 64 | J. In Custody Parents
A party wishing to present oral argument must contact the court and all parties entitled to notice by 4:00 p.m. on the court day before the hearing.
If a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all parties entitled to notice of the underlying petition or motion by 4:00 p.m. the court day preceding the scheduled hearing.
Page 72 | Probate Rules — D. Tentative Rulings
A matter with opposition may be removed from calendar only by agreement, while an unopposed matter may be removed by the moving party alone; the Clerk’s Office must be notified in writing by noon on the tentative-ruling release date.
A matter with opposition on file may be taken off calendar only by agreement. An unopposed matter may be taken off calendar unilaterally by the moving party. The parties, their attorneys, or their authorized representatives shall so notify the Clerk’s Office in writing, no later than noon on the date the tentative ruling is to be released; otherwise, a tentative ruling will be issued.
Page 96 | 7.11 REMOVING MATTERS FROM CALENDAR
Parties must obtain tentative rulings online or by telephone from 2:00 to 4:00 p.m. on the court day before the hearing; rulings in legally confidential family law cases are not posted online and may be obtained by telephone from the judicial secretary.
Parties shall obtain tentative rulings online at Tentative Rulings | Marin County Superior Court (ca.gov) or by calling (415) 444-7260 from 2:00 to 4:00 p.m. on the court day preceding the scheduled hearing. Family law cases that are designated as confidential by California law will not be posted online. Tentative rulings in those matters may be obtained by telephone from the judicial secretary at (415) 444-7260.
Page 96 | 7.12 B. Obtaining Tentative Rulings
A party wishing to present oral argument or disagreeing with the tentative ruling must notify the Court and all opposing parties by 4:00 p.m. on the court day before the hearing.
If a party wants to present oral argument or disagrees with the tentative ruling, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing.
Page 96 | 7.12 C. Oral Argument
Oral argument is not permitted unless the Court and all parties receive notice of the request, except by court order; if no argument is requested, the tentative ruling becomes the Court’s order.
Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling will become the order of the Court.
Page 96 | 7.12 C. Oral Argument
Attorneys and guardians must keep the Court informed of their current addresses and phone numbers and the ward’s current address and phone number.
All attorneys and guardians are required to keep the Court informed of their current addresses and phone numbers as well as the current address and phone number of the ward.
Page 96 | I. Current Address
If special power to sell real property is granted, the conservator must notify the Court when the personal residence is to be sold and confirm that the sale was discussed with the conservatee.
However, if granted, the conservator must notify the Court if the personal residence is to be sold and that the sale has been discussed with the conservatee.
Page 98 | 6.58 NOTICE IN CONSERVATORSHIP PROCEEDINGS, C. Exclusive Broker Listings
A copy of the complaint must be delivered to the assigned Judicial Officer’s courtroom clerk.
The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Judicial Officer to whom this case is assigned for all purposes.
Page 14 | 7.18 B