Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Declaration

When requesting appointment of an independent professional fiduciary, court-appointed counsel must file a declaration disclosing any current representation of that fiduciary in another proceeding.

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.

CRITICALCivil cases

Applies to

Petition

Heirs taking by intestacy must be described sufficiently for the Court to determine whether intestate succession was properly applied.

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.

CRITICALCivil cases

Applies to

Uninsured motorist case status declaration

The required declaration must describe the status of the arbitration.

The declaration shall describe the status of the arbitration.

CRITICAL

Applies to

Inventory and appraisal

If a bond is in force, the inventory and appraisal must state on its face, above the attorney’s signature, whether the bond amount is sufficient or insufficient.

If there is a bond in force, the inventory and appraisal must disclose on its face, at the place on the form above the attorney's signature, whether the amount thereof is sufficient or insufficient.

CRITICALCriminal cases

Applies to

Probation modification request

When a modification request exceeds the number authorized for clerk review, the defendant must complete both Local Forms CR084 and CR085.

Any request for modification that exceeds the number of requests that the Court has authorized court staff to review in the Criminal Clerk’s Office. In this instance, defendants shall complete both the Request to Modify Judicial Orders – Clerk’s Review (CR084) and the Request to Modify Judicial Orders – Judicial Review (CR085).

CRITICAL

Applies to

Decree of final distribution

The decree of final distribution must specify the permitted uses of retained funds.

The decree of final distribution must specifically set forth the use that may be made of retained funds (e.g. income taxes, closing costs, property tax reassessment, etc.).

CRITICAL

Applies to

Motion or pleading filed on order shortening time

A motion or pleading filed on an order shortening time must state that fact and the order’s file date on its caption page.

All motions or other pleadings filed on an order shortening time shall state on the caption page that the matter was brought on an order shortening time, with the file date of the order.

CRITICAL

Applies to

Order for Repayment of Costs and Legal Services (JUV013)

An Order for Repayment of Costs and Legal Services (JUV013) must be prepared at the conclusion of a financial hearing.

An Order for Repayment of Costs and Legal Services, Local Form (JUV013) shall be prepared and served on the responsible party and appointed counsel at the conclusion of a financial hearing.

CRITICAL

Applies to

Supporting declaration

The supporting declaration must describe good-faith efforts to meet and confer to resolve the issue informally.

A description of the good faith efforts to meet and confer to resolve the issue informally.

CRITICAL

Applies to

Bbsc statement

The BBSC Statement must detail specified funds held by others and each party’s future interests, including characterization, supporting data, access conditions, and encumbrances.

5. Funds Held By Others and Future Interests. Identify and describe in detail all community property and separate property funds of the parties or either of them held by persons and entities other than the parties and all future interests of each party, and, as to each such fund or interest, state whether it is claimed to be community property or separate property or a mixed asset and describe the basis upon which such characterization is founded. Include all pertinent data (e.g., account numbers, etc.), state the conditions, if any, upon which the parties or either of them may access or acquire each such asset, and describe in detail all encumbrances relating thereto.

CRITICAL

Applies to

Petition

Court-appointed attorneys are expected to request discharge when appropriate and petition for discharge and compensation; any compensation petition must include a declaration describing the work performed and hours spent.

Court appointed attorneys are expected to request discharge from the case at a time deemed appropriate by them and the Probate Court. At that time, the court appointed attorney will petition for discharge and for compensation. A declaration as to the nature and hours of work performed must be included with any petition for compensation.

CRITICAL

Applies to

Judgment

If either party receives public assistance, a DCSS attorney consenting to the child support provision must sign the judgment.

If either party is receiving public assistance, the signature of an attorney in the DCSS consenting to the child support provision must be affixed to the judgment.

CRITICAL

Applies to

Petition for guardianship of the person

The proposed guardian must file local form PR007 with a petition for guardianship of the person.

The Court requires that a Guardianship Information Form (local form PR007) in support of the petition for guardianship of the person be filed with the petition by the proposed guardian.

CRITICALCriminal cases

Applies to

Request to modify judicial orders clerk review

Requests for clerk review of eligible probation modifications must be submitted on Local Form CR084 to the Criminal Clerk’s Office in Room C-10.

These requests are reviewed in the Criminal Clerk’s Office, Room C-10, by submitting a Request to Modify Judicial Orders – Clerk’s Review (Local Form CR084).

CRITICAL

Applies to

Petition for probate

The petition must list a devisee whose interest is contingent on the petition date or on an event such as surviving for a specified period.

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.

CRITICAL

Applies to

Declaration

If the motion has not been dropped at least five court days before its calendar date, the moving party must file a declaration explaining why it could not have been dropped sooner.

If the motion is not dropped at least five (5) court days prior to the date it is on calendar, the moving party shall file a declaration explaining to the Court why the motion could not have been dropped sooner.

CRITICALCivil cases

Applies to

Real property recording statement

For real property, the personal representative must file a statement identifying the recording date and place or location for the judgment of final distribution, or other appropriate recording information.

In the case of real property, the personal representative shall file a statement that identifies the date and place or location of the recording of the judgment of final distribution or other appropriate recording information.

CRITICAL

Applies to

Investigative report

Unless the Court waives the requirement, an investigative report must be given to the Court before appointment of a guardian of the person or estate.

Unless waived by the Court, an investigative report must be given to the Court prior to appointment of a guardian of the person and/or estate.

CRITICALCivil cases

Applies to

Decree

The decree must contain the terms of the testamentary trust.

The decree must contain the terms of the testamentary trust.

CRITICAL

Applies to

Support calculation and explanatory declaration

A party who contends that guideline or presumed support is inappropriate must provide the proposed support calculation and all reasons for varying from the guideline.

If it is contended by either party that the guideline or presumed level of support is inappropriate, that party's declaration shall set forth their calculation of the amount alleged to be proper and the reasons therefor. Such declaration shall include all reasons or justifications urged by the party for varying from the guideline support levels.

CRITICAL

Applies to

Proposed order

The proposed order must designate “The Clerk of the Court or Clerk’s Designee” as Elisor and must not name or title a specific court employee.

Designate "The Clerk of the Court or Clerk’s Designee" as the Elisor. The order cannot state a name or title of a specific court employee.

CRITICAL

Applies to

Discovery motion

A discovery motion must state “Discovery Motion” on its caption page.

All discovery motions presented for filing must state “Discovery Motion” on the caption page.

CRITICAL

Applies to

Felony trial submissions

Felony trial submissions must include motions in limine, witness lists with testimony summaries, fully drafted jury instructions, and proposed verdict forms.

Motions in Limine, proposed witness lists that include a short summary of each proposed witness’s testimony, proposed fully drafted jury instructions and proposed verdict forms shall be filed at least five (5) court days before the date set for a hearing regarding the motions in Limine.

CRITICAL

Applies to

Discovery motion

A motion or request for order under the Civil Discovery Act presented for filing must state “Discovery Motion” on its caption page.

B. Discovery Motions. All motions or requests for order pursuant to The Civil Discovery Act (Code of Civil Procedure §§ 2016.010-2036.050) presented for filing must state “Discovery Motion” on the caption page.

CRITICALCivil cases

Applies to

Petition for non pro rata distribution

A petition seeking non-pro-rata distribution must show the computation underlying the proposed distribution.

When the petition seeks a non-pro rata distribution, it must show the computation on which the proposed distribution is based.

CRITICALCivil cases

Applies to

Probate claim

Claims in probate proceedings must conform to Probate Code § 9000 et seq.

All claims in probate proceedings must conform to the provisions of Probate Code § 9000 et seq.

CRITICALCivil cases

Applies to

Accounting waiver

A trustee who is also the personal representative may not waive their own accounting.

A trustee who is also the personal representative may not waive an accounting of themselves.

CRITICALCivil cases

Applies to

Petition

A petition for probate of a lost or destroyed will must include a written statement of its testamentary words or their substance.

The petition for probate shall include a written statement of the testamentary words or their substance.

CRITICAL

Applies to

Petition

A petition must be submitted with Judicial Council form CR-188 or an Order.

When the petition is filed, Judicial Council form CR-188 or an Order must be submitted.

CRITICAL

Applies to

Attorney fee request

An attorney’s compensation must reflect work actually performed and be supported by a declaration under penalty of perjury stating the average hourly rate, results, and benefit to the conservatee or child under guardianship.

Attorneys’ compensation is allowed according to the work actually performed and must be supported by a declaration under penalty of perjury. The declaration must include the average hourly rate, results accomplished, and benefit to the conservatee or child under guardianship.

CRITICAL

Applies to

Decree

The decree must contain the terms of the testamentary trust.

The decree must contain the terms of the testamentary trust.

CRITICAL

Applies to

Distribution agreement

An agreement for distribution contrary to the will or intestate succession laws must be written, signed and acknowledged by all affected parties, and filed in the probate proceeding.

A. Agreements. If the distributees agree to distribution in a manner other than that provided by the Will or by the laws of intestate succession, such agreement must be in writing, signed and acknowledged by all parties affected by the distribution, and filed in the probate proceeding.

CRITICAL

Applies to

Declaration of non resolution

The Declaration of Non-Resolution must briefly summarize the remaining disputed issues and each party’s contentions, and its caption must include the motion name and hearing date.

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 caption of the Declaration of Non-Resolution shall include the name of the motion and the date of the hearing.

CRITICAL

Applies to

Preliminary declaration of disclosure

Each party must update their preliminary Declaration of Disclosure when filing BBSC statements to reflect specified material changes.

C. Updated Preliminary Declarations of Disclosure. At the time of filing the BBSC Statements, each party shall update their preliminary Declaration of Disclosure as necessary to reflect any material change in income or expenses of the party and any material change in the characterization or value of separate or community property and/or debts.

CRITICAL

Applies to

Probation modification request

Requests for clerk review must be submitted on Local Form CR084 to the Criminal Clerk’s Office in Room C-10.

These requests are reviewed in the Criminal Clerk’s Office, Room C-10, by submitting a Request to Modify Judicial Orders – Clerk’s Review (Local Form CR084).

CRITICAL

Applies to

Appointed child counsel form

An attorney appointed for a child must complete Judicial Council Form FL-322 and submit it to the Court.

Appointment of counsel for a child will be in compliance with Family Code § 3150 and CRC 5.242; any such attorney is required to complete Judicial Council Form FL-322 and submit it to the Court within ten (10) days after being appointed and before the commencement of work on the case.

CRITICALCivil cases

Applies to

Declaration

A request to dispense with notice on this ground must include a declaration specifying the efforts made to locate the relative.

In situations where an order dispensing with notice is sought on the ground that a relative within the second degree cannot be found with reasonable diligence and no other notice is required, the Court requires a declaration stating specifically what efforts were made to locate the relative.

CRITICAL

Applies to

Conservatorship appointment filing

A private professional conservator seeking appointment must include a statement of licensure, the license number, and the expiration date.

When seeking appointment, private professional conservators must include a statement that he/she is licensed under the Professional Fiduciaries Act of the Business and Professions Code, along with the license number and expiration date.

CRITICALCivil cases

Applies to

Ex parte application

An ex parte application must be accompanied by a declaration regarding the emergency.

Declaration regarding emergency.

CRITICAL

Applies to

Statement

If applicable, the statement must identify the family's public assistance, its amount, and how long it has been paid.

If applicable, set forth that the family is receiving public assistance, the amount, and how long public assistance has been paid for the family.

CRITICAL

Applies to

Petition

A petition seeking extraordinary compensation for paralegal services must state the hours spent, the paralegal's qualifications, the work performed, and the hourly rate.

The petition must set forth the hours spent, the qualifications of the paralegal, the work performed and the hourly rate.

CRITICALCivil cases

Applies to

Petition for appointment of professional conservator

A private professional conservator seeking appointment must include a statement of licensure under the Professional Fiduciaries Act, with the license number and expiration date.

When seeking appointment, private professional conservators must include a statement that he/she is licensed under the Professional Fiduciaries Act of the Business and Professions Code, along with the license number and expiration date.

CRITICAL

Applies to

Request for order

Must include

proposed order

An Elisor appointment must be requested by request for order, with at least one declaration listing the exact documents to be signed and an accompanying proposed order.

A court order for the appointment of an Elisor must be made by a request for order. The request for order must include at least one supporting declaration with a list of the exact documents the Elisor is being asked to sign. The request must be accompanied by a proposed order.

CRITICAL

Applies to

Final account

The final account must show the tax computation, and the final distribution order must show the proration.

The final account must show the computation, and the order of final distribution must show the proration.

CRITICALCivil cases

Applies to

Order confirming sale

The order confirming sale must state the total commissions allowed and any allocation agreed upon by the brokers.

The order confirming sale must show the total commissions allowed and any allocation agreed on between brokers.

CRITICAL

Applies to

Proposed order

Copies of all documents the Elisor is to sign must be attached to the proposed order.

Copies of all documents to be signed must be attached to the proposed order.

CRITICAL

Applies to

Judgment packet

The judgment packet must include form FL-180 and any attachments.

3. Judgment (FL-180) with any attachments.

CRITICALCivil cases

Applies to

Fee declaration

A noncorporate trustee must submit an itemized fee declaration with the compensation request.

The noncorporate trustee must submit an itemized fee declaration.

CRITICAL

Applies to

Declaration of non resolution

The pleading must be titled “Declaration of Non-Resolution,” briefly summarize the remaining disputed issues and each party’s contentions, and include the motion name and hearing date in its caption.

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 caption of the Declaration of Non-Resolution shall include the name of the motion and the date of the hearing.

CRITICALCivil cases

Applies to

Overbidder deposit

At the personal representative’s request, an overbidder must submit a certified or cashier’s check at the hearing for 10% of the bid, capped at the cash down payment.

When a sale is confirmed to an overbidder, the overbidder, at the request of the personal representative, must submit at the time of hearing a certified or cashier's check in the amount of 10 percent of the entire amount of the bid, but not to exceed the amount of the cash down payment.