Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Reporter request notice

A party requesting a reporter for one of these proceedings must file written notice with the clerk ten days in advance.

The party requesting a reporter shall file ten (10) days’ advance written notice to the clerk of his/her request to have a reporter present during any of these proceedings.

CRITICALCivil cases

Applies to

Conservator resignation

A conservator seeking to resign must formally propose a competent successor and file a final accounting for Court approval.

Conservators who wish to resign must formally propose a competent successor and file a final accounting, subject to Court approval.

CRITICAL

Applies to

Ex parte application

Where applicable, an ex parte application must include a declaration stating that notice was given or explaining why notice was not given.

Before submitting ex parte applications, parties shall comply where applicable with Family Code §§ 2045, 3060-3064, and CRC 5.151 et seq., including all requirements for a declaration setting forth that notice to the other party has been given or, alternatively, the reason notice has not been given.

CRITICAL

Applies to

Petition to establish fact of death

A petition to establish the fact of death must be filed in the name of the deceased person whose interest is being terminated.

A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated.

CRITICAL

If assets coming into or passing through the fiduciary’s hands require a bond increase, the fiduciary must provide information enabling the Court to determine the increase amount.

Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the Court to determine the amount of the increase.

CRITICALCivil cases

Applies to

Petition

A certified copy of the death certificate must be filed with the petition.

A certified copy of the death certificate shall be filed with the petition.

CRITICAL

Applies to

Statement of issues

A Statement of Issues must report the meet-and-confer, identify substantial issues with supporting evidence or authority, state the party’s view of settlement barriers, and estimate the time needed for hearing or resolution.

Each Statement of Issues must: a. indicate that the party or their respective attorney has met face-to-face or, if that is not possible, have participated in a telephone conference to discuss the issues in dispute; b. identify the substantial issues in the controversy, with references to any supporting evidence and/or legal authority; c. include each party’s opinion of any barriers to settlement; and d. provide an estimate of the time requirement for the hearing or resolution.

CRITICAL

Applies to

Determination of conservatees appropriate level of care

The General Plan does not replace the requirement to prepare and file Judicial Council Form GC-355.

The requirement of a General Plan is in addition to the requirement to prepare and file Judicial Council Form GC-355 Determination of Conservatee’s Appropriate Level of Care.

CRITICAL

Applies to

Discovery motion

A noticed discovery motion must state the relevance and materiality of the information sought and explain why informal discovery was inadequate.

Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

CRITICALCivil cases

Applies to

Ex parte application

All ex parte applications must comply with the applicable California Rules of Court.

All applications must comply with applicable CRC rules (e.g., CRC 3.1200 et seq.)

CRITICAL

Applies to

Order for probate

A copy of the will admitted to probate, if available, shall be attached to the order for probate.

A copy of the will admitted to probate, if available, shall be attached to the order for probate.

CRITICALCivil cases

Applies to

Uninsured motorist case declaration

The uninsured-motorist declaration must state that coverage likely exists, identify the carrier and coverage limits, and provide counsel’s specified views and intended actions concerning the claim.

The declaration shall set forth the following information: 1. A statement that coverage likely exists under an uninsured motorist's insurance policy; 2. The name of the carrier and limits of coverage; and 3. Whether counsel believes that the limits of coverage are adequate to compensate for known loss or damage, that plaintiff(s) or cross-complainant(s) will promptly pursue such remedy, and whether counsel intends to assign the claim or dismiss the pending action upon conclusion of the uninsured motorist claim.

CRITICAL

Applies to

Petition to establish fact of death

A certified copy of the death certificate must be filed with the petition.

A certified copy of the death certificate shall be filed with the petition.

CRITICAL

Applies to

Case progress conference questionnaire

Each party must file and serve the local FL003 Case Progress Conference Questionnaire for each conference.

Each party must file and serve a Case Progress Conference Questionnaire at least five (5) court days prior to each Case Progress Conference. The Case Progress Conference Questionnaire is a local form (FL003) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICALCivil cases

Applies to

Blocked funds

Funds held in blocked accounts in lieu of bond will not be released to the personal representative for distribution.

Funds held in blocked accounts in lieu of bond will not be released to the personal representative for distribution.

CRITICALCriminal cases

Applies to

Request to modify judicial orders judicial review

Some modification requests reviewed by a judicial officer may be submitted ex parte using the Court-approved Judicial Review form, CR085.

Depending on the nature of the requested modifications, some requests must be reviewed and granted or denied by a judicial officer and may be submitted exparte for such review on the Court’s approved form, Request to Modify Judicial Orders – Judicial Review (CR085).

CRITICALCriminal cases

Applies to

Misdemeanor trial preparation filings

Misdemeanor trial submissions must include motions in limine, proposed witness lists with a short testimony summary for each witness, fully drafted proposed 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 on a date to be set by the presiding Judicial Officer of Department M at the time the case is set for trial.

CRITICAL

Applies to

Judgment

A child-support order must specify the amount or reserve the issue and provide beginning, ending, and due dates.

The amount of child support must either be specified in the order or reserved. Beginning, ending and due dates must be provided.

CRITICALCriminal cases

Applies to

Proposed jury instructions

Counsel must submit proposed jury instructions with motions in limine before trial begins.

D. Time for Submission. Notwithstanding the time for submission of proposed jury instructions set forth in Penal Code § 1093.5, counsel shall submit proposed jury instructions with motions in Limine before trial commences.

CRITICAL

Applies to

Trustee consent

If distribution is to a trustee who is not the personal representative, the nominated trustee’s consent to act must be on file before the hearing on the distribution petition.

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.

CRITICAL

Applies to

Court investigator report

The Court file must show that the Court Investigator advised the conservatee about the effect of the requested authority and the conservatee’s rights.

It clearly appears from the Court file that a Court Investigator has advised the conservatee of the effect of granting such authority and of the conservatee's rights in regard to such request.

CRITICAL

Applies to

Income and expense declaration

Claimed depreciation deductions or income reductions must be explained and justified; depreciation ordinarily will be disregarded as a non-cash item.

If depreciation has been claimed as a deduction or reduction of income, it must be explained and justified. Ordinarily, depreciation will be disregarded as a non-cash item.

CRITICAL

Applies to

Proof of service

The parties must file proof of service of their final declarations of disclosure 45 days before the date first set for trial.

The parties are reminded that under Family Code § 2105 they are required to file proof of service of their final declarations of disclosure forty-five (45) days before the date first set for trial.

CRITICALCivil cases

Applies to

Settlement conference statement

Settlement conference statements must comply with CRC 3.1380(c) and include the listed information and materials where applicable.

The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. Pertinent excerpts of medical reports, depositions, photographs, and records with material portions highlighted on all copies submitted; 2. The highest previous offer and lowest previous demand; 3. The date of the last face-to-face settlement discussion; 4. Presentation of any special barriers to settlement.

CRITICALCivil cases

Applies to

Decree of distribution

The decree must identify the depository and its location, direct the funds to be held in the minor’s name, and state that withdrawal requires a court order.

The decree shall direct distribution of the minor's funds to a specific depository, including its location, in the name of the minor and shall state that the funds cannot be withdrawn without Court order.

CRITICALCivil cases

Applies to

Declaration of non resolution

When a dispute remains unresolved after facilitator assistance, each party must file a Declaration of Non-Resolution summarizing the remaining disputed issues and each party’s contentions.

If a discovery dispute is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve a pleading entitled “Declaration of Non- Resolution.” The Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions.

CRITICAL

Applies to

Petition for probate

The petition must include copies of every instrument offered for probate.

Copies of all instruments offered for probate must be attached to the petition.

CRITICAL

Applies to

Doctor report

A doctor’s report submitted as an attachment to a mental health diversion petition must be a separate confidential document labeled “CONFIDENTIAL ATTACHMENT TO MENTAL HEALTH DIVERSION PETITION” and include the case name, case number, and scheduled court event.

Any doctor’s report that would be submitted as an attachment to the petition, must be submitted as a separate confidential document. The attachment shall indicate CONFIDENTIAL ATTACHMENT TO MENTAL HEALTH DIVERSION PETITION, and include the case name, case number and scheduled court event.

CRITICAL

Applies to

Special or modified jury instruction

Special instructions and modifications of standard CALCRIM instructions must be written and suitable for submission to the jury.

Any special instruction or modification of a standard CALCRIM instruction shall be in writing and in a form suitable for submission to the jury.

CRITICAL

Applies to

Letters testamentary or affidavit

Counsel must file a certified copy of Letters Testamentary or the original Probate Code § 13101 affidavit 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.

CRITICALCivil cases

Applies to

Transfer request

The form presented to the Clerk for transferring estate planning documents is local form PR014.

Guidelines and the form to be presented to the Clerk (local form PR014) are available in the Clerk’s Office and online at www.marin.courts.ca.gov.

CRITICALCivil cases

Applies to

Guardianship information form declaration

The Guardianship Information Form declaration must address the listed guardianship need, the minor’s circumstances and needs, household records and proceedings, agency contacts, and visitation.

The declaration shall include the following: a. The need for guardianship including the specific reasons why the parents are unable to care for the proposed ward, and whether they consent to the guardianship. b. A statement concerning the development of the minor, indicating with whom the minor has resided since birth, and any special emotional, psychological, educational, or physical needs of the minor and the guardian's ability to provide for such needs. c. Any arrest record of the guardian and each person who will reside in the guardian's home, including the nature of the offense, the date, place, and disposition. d. Any pending or prior proceedings in Juvenile Court involving the minor or any other persons who will be residing in the guardian's home including the date, place, and disposition. e. Any prior contact by the minor, the guardian, and any persons who will reside in the guardian's home with Child and Family Services of the Department of Social Services. f. A statement regarding the necessity for a visitation order. Any information regarding visitation orders which are currently in effect and any information concerning visitation issues between any of the parties. If visitation is an issue, a statement as to how often the parents visit.

CRITICAL

Applies to

Court report

The lead agency is responsible for writing and submitting Court reports.

Writing and submitting Court reports

CRITICAL

Applies to

Petition

The petition must include a copy of the proposed inventory and appraisal.

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.

CRITICALCivil cases

Applies to

Fee deferral petition

A conservator seeking deferral of court investigator fees must file a petition using Judicial Council Form FW-001.

If the conservator believes these fees should be deferred, the conservator shall file a petition (Judicial Council Form FW-001) requesting deferral of fees

CRITICAL

Applies to

Noticed discovery motion

A noticed discovery motion must state the information’s relevance and materiality and explain why informal discovery was inadequate.

Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

CRITICAL

Applies to

Bbsc statement

Credits and reimbursement claims must be fully detailed in the BBSC Statement or they are deemed waived.

Credits claimed by either party against the other party or against the community and claims for reimbursement to the community from the separate property of either party (e.g., for community property debts paid from separate property, separate property debts paid with community property, fair rental value of community property or separate property used by a party post-separation, etc.) which are not fully detailed in a party’s BBSC Statement shall be deemed waived.

CRITICAL

Applies to

Petition for probate

The petition’s heir listing includes persons who would inherit if the decedent’s spouse had predeceased the decedent or if the decedent had died intestate.

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.

CRITICAL

Applies to

Ex parte notice

If an ex parte hearing is requested, the notice must state its date, time, and department.

If a hearing is requested, then notice shall include the date, time, and department of the ex parte hearing.

CRITICAL

Applies to

Sealed document filing

A cover sheet identifying lodged or sealed documents must be electronically filed.

A cover sheet that identifies the lodged or sealed documents must be electronically filed.

CRITICAL

Applies to

Evaluator complaint notice

Written notice of a complaint, specifying the conduct objected to, shall be provided to the evaluator and the other party and lodged with the Court by direct delivery to the judicial officer to whom the case is assigned for all purposes within twenty (20) days after issuance of the evaluation report.

Written notice of a complaint, specifying the conduct objected to, shall be provided to the evaluator and the other party and lodged with the Court by direct delivery to the judicial officer to whom the case is assigned for all purposes within twenty (20) days after issuance of the evaluation report.

CRITICALCivil cases

Applies to

Guardianship status report

A confidential guardianship status report is due annually on the Judicial Council form.

A confidential guardianship status report is due annually on the Judicial Council form.

CRITICAL

Applies to

Moving papers

Must include

proposed order

Moving papers must include a separate, self-contained proposed order unless a Judicial Council form includes its own order.

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.

CRITICAL

Applies to

Transportation order

Counsel must secure an appropriate transportation order when applicable for an in-custody parent attending a dependency proceeding.

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.

CRITICAL

Applies to

Petition

The petition must state the source of the values included in the inventory and appraisal.

The petition shall state the source of the values included in the inventory and appraisal.

CRITICALCivil cases

Applies to

Ex parte petition for final discharge and order

An ex parte petition for final discharge and its order must include the judgment for final distribution and a receipt or other satisfactory evidence from each distributee.

An Ex Parte Petition for Final Discharge and Order shall include a copy of the Judgment for Final Distribution and a receipt or other satisfactory evidence from each distributee.

CRITICALCivil cases

Applies to

Spousal property petition

A document supporting a community or quasi-community property claim must be attached with signatures when feasible, but only relevant portions need be attached if the document is lengthy.

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.

CRITICALCivil cases

Applies to

Petition to reduce bond

After appointment, a bond reduction may be sought with a petition and order reducing bond and a depository receipt showing the assets deposited in the amount of the requested reduction.

B. After Appointment. Bonds may be reduced at any time after appointment by a petition and order reducing bond, together with a receipt of a depository showing assets in the amount of the requested reduction have been so deposited.

CRITICAL

Applies to

Statement of recording

For real property, the personal representative must file a statement identifying the recording date and location of the judgment 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.

CRITICALCivil cases

Applies to

Preliminary distribution receipts

Receipts for any preliminary distribution must be on file before final distribution.

Receipts for any preliminary distribution must be on file prior to the final distribution.