Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

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.

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

Documents presented to the Elisor for signing

Original documents presented to the Elisor for signing must match the copies attached to the proposed order.

The original documents presented to the Elisor for signing must be identical to the copies of the documents attached to the proposed order.

CRITICAL

Applies to

Petition to sell residence

A petition to sell the conservatee’s residence must allege one of the specified grounds for the sale.

If the conservator petitions to sell the conservatee's residence, the petition must allege that the conservatee is unable to return to the residence or, if able, that the conservatee agrees to the sale, or that the sale is necessary to generate cash to support the conservatee.

CRITICAL

Applies to

Request for exemption from mandatory electronic filing and service

Must include

proposed order

The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICALCivil cases

Applies to

Attorney fee declaration

A request for paralegal time must include the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450.

Fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450.

CRITICALCivil cases

Applies to

Probate account

Accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must conform to the Probate Code.

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.

CRITICAL

Applies to

Interpreter notification form

Remote parties who require an interpreter must file local form INT001 at least five court days before the scheduled hearing.

Parties appearing remotely and requiring an interpreter must file the Court’s local form INT001 at least five (5) court days prior to scheduled hearing.

CRITICALCivil cases

Applies to

Petition to sell securities

The stated minimum price must be based on a recent quotation from the specified exchange or over-the-counter markets.

The minimum price must be a recent market quotation from the New York Stock Exchange, American Exchange or an over-the-counter market.

CRITICAL

Applies to

Declaration

The uninsured-motorist declaration must use the specified caption and state the required coverage, carrier, limits, adequacy, intended remedy, and claim-disposition information.

Plaintiff's or cross-complainant’s counsel shall file a declaration captioned "Request for Temporary Exemption - Uninsured Motorist Case" at the time of filing of the complaint or cross-complaint, or within ten (10) calendar days of learning that an action will proceed as an uninsured motorist case. 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

Domestic violence restraining order application

An applicant for a domestic violence restraining order must submit the listed DV-100, DV-110, DV-109, CLETS-001, and DV-130 forms.

An applicant for a domestic violence restraining order must submit a Request for Domestic Violence Restraining Order (DV-100), Temporary Restraining Order (DV-110), Notice of Court Hearing (DV-109), Confidential Information for Law Enforcement (CLETS-001), and Restraining Order After Hearing (DV-130)

CRITICAL

Applies to

Complaint

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.

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.

CRITICAL

Applies to

Petition

The petition must specifically identify the materials sought and their relevance, be supported by a declaration of counsel and/or the petitioner, and include a memorandum of points and authorities if necessary.

The Petition shall set forth with specificity the materials and information sought and the relevance of the materials to the underlying action and any related action. The Petition shall be supported by a declaration of counsel and /or a Petitioner, and if necessary, a memorandum of points and authorities.

CRITICAL

Applies to

Probation modification request

Requests for modifications requiring judicial review must be submitted to the judicial officer who pronounced judgment on Local Form CR085.

Defendants must request modifications to certain probation terms and conditions by submitting such requests to the judicial officer who pronounced judgment on a Request to Modify Judicial Orders – Judicial Review (Local Form CR085).

CRITICAL

Applies to

BBSC statement

A BBSC Statement must be filed rather than lodged.

The BBSC Statement shall be filed, not lodged.

CRITICAL

Applies to

BBSC statement

The statement must separately list community and known alleged separate debts and provide the specified creditor, purpose, date, balance, payment, and security information.

Separately list all debts and obligations of the spouses which are liabilities of the community and, so far as known, debts and obligations which are alleged to be the separate liabilities of the respective parties. Identify each creditor, the purpose for which each debt was incurred, the date upon which it was incurred, the balance currently due thereon, the terms of payment, and the security, if any, held by the creditor.

CRITICAL

Applies to

Elisor appointment request

A request for an order must be used to seek appointment of an Elisor.

A court order for the appointment of an Elisor must be made by a request for order.

CRITICAL

Applies to

Calendar request

A calendar request must state why the matter is sought to be calendared and show that the other parties’ attorneys, self-represented parties, and CASA have been contacted.

Any party wishing to add a matter to calendar shall file a calendar request at least two (2) court days before the calendar in question (absent exigent circumstances) setting forth the reason the matter is sought to be calendared and showing that the attorneys for all other parties, all self-represented parties, and CASA have been contacted.

CRITICALCivil cases

Applies to

Order

An order authorizing the withdrawal must direct that funds be paid only to the former minor.

The order must provide for the payment of the funds only to the former minor.

CRITICAL

Applies to

Decree of distribution

The decree must state in its body how the estate is distributed, identifying each distributee, property, real-property legal descriptions, and cash amount as of a specified date.

Whether or not an accounting has been waived, the decree of distribution must set forth specifically the manner in which the estate is to be distributed by showing the distributee's name and a description of the property, including the legal description of real property, and the amount of cash (as of a date certain) to be distributed. This must be in the body of the decree. Mere reference to allegations in the petition is insufficient and not acceptable to the Court.

CRITICAL

Applies to

Restraining order termination or modification request

An applicant seeking termination or modification must submit the listed DV-300, DV-310, proposed DV-330, proposed amended DV-130, and attachments before the existing restraining order expires.

If the applicant seeks a termination or a modification of an existing restraining order or orders under an existing restraining order, prior to the expiration date on the restraining order the applicant shall submit a Request to Change or End Restraining Order (DV-300), Notice of Court Hearing and Temporary Order to Change or End a Restraining Order (DV-310), and a proposed Order on Request to Change or End Restraining Order (DV-330) and a proposed amended Restraining Order After Hearing (DV-130) and any attachments.

CRITICAL

Applies to

Restraining order modification request

An applicant seeking to modify custody or visitation under a restraining order must submit a fully completed FCS Intake Sheet when filing DV-300.

If the applicant seeks a modification of a custody or visitation order under a restraining order the applicant shall submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request to Change or End Restraining Order (DV-300).

CRITICALCivil cases

Applies to

Motion in limine opposition response statement of non opposition

Each opposition, response, or statement of non-opposition must be numbered to match the applicable motion in limine.

Each opposition, response, or statement of non-opposition must be numbered to correspond to the applicable motion in limine.

CRITICAL

Applies to

Petition to establish fact of death

For affected real property, the petition must attach and incorporate the document showing the decedent's interest, or state the full title-vesting instrument and its recording data.

If real property is affected, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the verified petition must set forth the entire instrument vesting title, including the recordation data.

CRITICAL

Applies to

Order for repayment of costs and legal services

A Local Form JUV013 Order for Repayment of Costs and Legal Services 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

Bbsc statement

A party claiming a separate-property interest must detail relevant tracing transactions and, when allocation is disputed, the basis for calculating each interest.

4. Tracing. If either party claims a separate property interest in an asset, describe in detail, including dates, values and dollar amounts, all transactions relevant to the tracing and, if there is an issue about allocation of community and separate interests in a single asset, the basis for calculating the respective values of the community property and separate property interests.

CRITICAL

Applies to

Competency evaluation report

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.

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.

CRITICAL

Applies to

Bench bar settlement conference statement

Each party must serve and file a BBSC Statement stating the issues and all contentions and positions that party will raise at trial.

A. Issues and Contentions. Each party shall serve and file a BBSC Statement, which shall set forth the issues and all contentions and positions to be raised at trial by that party. The BBSC Statement shall be filed, not lodged.

CRITICAL

Applies to

Proposed order

The specified proposed orders and orders after hearing must be attached to Judicial Council Form EFS-020.

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.

CRITICALCivil cases

Applies to

Petition

Alternative distributees must also be identified.

In addition, alternative distributees must be set forth.

CRITICAL

Applies to

Probation n forms

When Dependency is the lead court, the probation officer must have the necessary probation N forms forwarded to the CFS social worker before the court report is filed.

If Dependency is lead court, the probation officer will have the necessary probation N forms forwarded to the CFS social worker before the court report must be filed.

CRITICALCivil cases

Applies to

Depository receipt and agreement

When a depository is used, its receipt and agreement must be filed as required by Probate Code § 2328.

Where a depository is to be used, the receipt and agreement of the depository must be filed as required under Probate Code § 2328 and the decree of distribution shall so provide.

CRITICAL

Applies to

Petition

If property acquired by gift, devise, descent, joint-tenancy survivorship, or similar means is claimed as community property, the petition must specify how it was converted to community property.

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.

CRITICALCivil cases

Applies to

Petition to reduce bond

A bond-reduction petition must identify the estate assets remaining after excluding those held by the depository and show that the reduced bond adequately covers the amount to be protected.

Such a petition must set forth the assets remaining in the estate, after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected.

CRITICAL

Applies to

Petition for distribution

When property character may affect distribution, the petition must allege whether the property is separate or community property.

C. Allegations Relating to Character of Property. In all cases where the character of the property may affect distribution, whether the decedent died testate or intestate, the petition for distribution must contain an allegation as to the separate or community character of the property.

CRITICALCivil cases

Applies to

Petition for appointment of conservator

A signed order appointing the Court Investigator must be filed with the conservator-appointment petition.

An order appointing Court investigator must be signed and filed with the petition for appointment of conservator.

CRITICAL

Applies to

Order

If the petition for final distribution will not be filed by its fixed date, the order must require an additional estate administration status report on that date.

The Order must require the filing of an additional report of status of administration of estate on the date fixed for the Petition for Final Distribution if the petition is not to be filed by that date.

CRITICAL

Applies to

Bond reduction petition

A bond-reduction petition must state the estate assets remaining after excluding assets held by the depository and show that the reduced bond adequately covers the amount to be protected.

Such a petition must set forth the assets remaining in the estate, after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected.

CRITICALCivil cases

Applies to

Petition for withdrawal

A petition seeking withdrawal before the minor reaches majority must fully disclose the withdrawal's purpose.

Where withdrawal is sought prior to majority, the purpose of the withdrawal must be fully disclosed.

CRITICALCivil cases

Applies to

Fee request

A non-professional conservator or guardian must provide the basis for the requested hourly rate.

Non-professional conservators and guardians must provide the basis for calculating the hourly rate requested.

CRITICAL

Applies to

Estate administration status report

Each estate administration status report must explain why the case remains open and state when the attorney expects to file for final distribution.

All reports of status of administration of the estate shall explain why the case has not been closed and state when the attorney expects to file a petition for final distribution.

CRITICAL

Applies to

Petition for probate

The petition must list each person provided for in the original will whose bequest was revoked by a later codicil.

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.

CRITICALCriminal cases

Applies to

Probation modification request

Defendants must request modifications to certain probation terms and conditions by submitting such requests to the judicial officer who pronounced judgment on a Request to Modify Judicial Orders – Judicial Review (Local Form CR085). Such requests shall be submitted to the judicial officer and either granted or denied and returned to the defendant by mail.

Defendants must request modifications to certain probation terms and conditions by submitting such requests to the judicial officer who pronounced judgment on a Request to Modify Judicial Orders – Judicial Review (Local Form CR085). Such requests shall be submitted to the judicial officer and either granted or denied and returned to the defendant by mail.

CRITICALCivil cases

Applies to

Income and expense declaration

The petitioner must file an income and expense declaration using Judicial Council Form FL-150 before the hearing.

The petitioner shall file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150)

CRITICAL

Applies to

Petition for special powers

A petition seeking special powers or other special orders must identify them and support them with factual allegations.

If special powers or other special orders are sought, they must be specified in the petition and supported by factual allegations.

CRITICALCivil cases

Applies to

Distribution vouchers

Vouchers for any distribution must be filed if the court requests them, unless the account is waived.

vouchers, if requested by the Court, must be filed for any distribution unless account is waived.

CRITICAL

Applies to

Address verification declaration

For custody, visitation, or child support matters, parties must use form FL-334 for the address verification declaration.

For custody/visitation or child support, parties shall use FL-334.

CRITICAL

Applies to

Report accompanying account

If no conflict disclosures are required, the conservator must include an allegation that none are required under the cited Probate Code sections.

If no disclosures are required, the conservator shall include an allegation that no disclosures are required pursuant to Probate Code §§ 2111.5, 2351(d), 2359(c)(2), and 2403(c)(2).

CRITICAL

Applies to

Fee request

Professional fiduciaries must disclose whether a fee request includes travel time.

Professional fiduciaries must disclose whether their fee request includes travel time.

CRITICAL

Applies to

Translation

Every translation must include a declaration stating the translator’s qualifications or credentials.

All translations must be accompanied by a declaration setting forth the translator’s qualifications and/or credentials.

CRITICAL

Applies to

Evaluator report

Court-appointed evaluators must attach certificates documenting the required initial and annual domestic-violence training to their reports.

All evaluators appointed by the court must comply with CRC 5.230(f) by attaching to their reports certificates of completion of the initial twelve (12) hours of advanced instruction and of the most recent annual four (4) hour update training in domestic violence.