Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Judgment packet

The judgment packet must include FL-165 or, as appropriate, FL-130; instead of a stamped envelope for the respondent, the party may pay an additional fee via eFiling for the court to provide it.

2. Request to Enter Default (FL-165). In lieu of providing a stamped envelope for Respondent, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on their behalf, or Appearance, Stipulations and Waivers (FL-130) as appropriate.

CRITICAL

Applies to

Ex parte application

The party requesting ex parte orders must tell the judge that notice was given, using either form JV-180 or a declaration.

The party requesting ex parte orders must inform the judge that notice has been given either on the application form (JV-180) or by declaration.

CRITICAL

Applies to

BBSC statement

Credits and reimbursement claims not fully detailed in a party’s BBSC Statement 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.

CRITICALCivil cases

Applies to

Report

The report concerning a proposed residence sale must include the conservatee’s responses.

The report shall include the responses of the conservatee.

CRITICALCivil cases

Applies to

Petition for preliminary distribution

A petition for preliminary distribution must state the approximate value of the estate property remaining after distribution and estimate unpaid taxes, claims, and other liabilities; the excerpt begins another required statement but ends before specifying it.

In addition to any other requirements, a petition for preliminary distribution must state the approximate value of the property remaining in the estate after the proposed distribution, an estimate of the total amount of unpaid taxes, unpaid claims and other liabilities, a statement of

CRITICAL

Applies to

Dependency jv forms

When Delinquency is the originating court, the CFS Social Worker must send the necessary Dependency JV forms to the Probation officer before the court report is filed.

If Delinquency is the originating court, the CFS Social Worker will send the necessary Dependency JV forms to the Probation officer before the court report must be filed.

CRITICAL

Applies to

Factual declaration

A declaration supporting supervised visitation must state the reasons, when and where visits should occur, the supervisor’s name and address, and how the supervisor will be compensated.

Where a party is seeking supervised visitation between a child and the defaulting party: The reasons such visitation should be supervised; when and where supervised visitation should occur; the name and address of the person or agency who/which will perform the supervision; and the method by which the supervisor is to be compensated.

CRITICAL

Applies to

Petition

Must include

proposed order

A proposed order must be submitted when the petition is filed.

Proposed orders shall be submitted at the time of filing the petition.

CRITICAL

Applies to

Final discharge declaration

A separate final-discharge declaration must be submitted with the former ward’s executed receipt and a copy of the order settling the final account and directing asset delivery; the declaration must state when the ward reached majority.

A separate declaration for final discharge must be submitted, together with the receipt executed by the former ward and a copy of the order settling the final account and ordering delivery of the assets to the former ward. The declaration must state the date on which the ward reached majority.

CRITICALCivil cases

Applies to

Moving papers

Must include

proposed order

Moving papers must include a complete, separate proposed order unless a Judicial Council form contains 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

Declaration

A request to dispense with notice because a relative within the second degree cannot be found 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.

CRITICALCivil cases

Applies to

Petition for final distribution

A final-distribution petition must list assets on hand and describe the property to be distributed, using one of the specified locations; merely referring to the inventory is insufficient.

A petition for final distribution, whether or not an account is waived, must list assets on hand and list and describe the property to be distributed, either in the body of the petition, or by a schedule in the accounting, or in a separate exhibit incorporated in the petition by reference. Description by reference to the inventory is insufficient.

CRITICALCivil cases

Applies to

Petition for probate

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.

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.

CRITICAL

Applies to

Elisor appointment request

The request for order must include at least one supporting declaration listing the exact documents the Elisor is asked to sign.

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.

CRITICALCivil cases

Applies to

Petition for final distribution

The final-distribution petition must state that reasonably ascertainable creditors were notified and describe all claims presented and their dispositions, including rejection-service dates, even if the information appeared in earlier filings.

In addition to the allegation that all reasonably ascertainable creditors have been notified, the petition for final distribution whether or not on waiver of accounting and whether or not the personal representative is acting under the IAEA, must describe all creditors' claims presented to the personal representative (even if not filed with the Court) and indicate the disposition of each claim. If a claim has been rejected, the date of service of notice of rejection must be stated, as well as its disposition, whether by suit or otherwise. This information must be set forth in the petition for final distribution even though it may have been presented to the Court in whole or in part in prior accountings or petitions for distribution.

CRITICAL

Applies to

Bbsc statement

Each party must state their positions on the amount of child support and the amount and duration of spousal support.

Each party shall specify their contentions as to the amount of child support and amount and duration of spousal support.

CRITICAL

Applies to

Trial readiness conference statement

Each party must file a Trial Readiness Conference Statement, identified as Local Form FL064.

2. Trial Readiness Conference Statement. Each party shall serve and file with the Court a Trial Readiness Conference Statement no later than five (5) court days prior to the Conference. The Trial Readiness Conference Statement is a Local Form (FL064) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICAL

Applies to

Order distributing assets

An asset-distribution order must name the successor conservator, or, if the conservatee is deceased, name the personal representative and list the assets.

The order distributing assets must contain the name of the successor conservator, or, in the event the conservatee is deceased, the name of the personal representative and a list of the assets.

CRITICALCivil cases

Applies to

Instrument offered for probate

A foreign-language instrument offered for probate must be accompanied by an English translation.

Where an instrument written in a foreign language is offered, it must be accompanied by a copy translated into English.

CRITICAL

Applies to

Application for order for publication or posting

A request for service by publication or posting must include an original and one copy of Forms FL-980 and FL-982, along with a self-addressed stamped envelope.

To request service of summons by publication or posting, the petitioner must complete and submit to the court an original and one copy of an Application for Order for Publication or Posting (Judicial Council Form FL-980) and Order for Publication or Posting (Judicial Council Form FL-982) with a self-addressed stamped envelope.

CRITICALCivil cases

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.

CRITICAL

Applies to

Declaration

If the moving party drops an appearance within five court days of the matter’s calendar date, it must file a declaration explaining why it could not have done so sooner.

If the moving party drops an appearance within five (5) court days of when the matter is on calendar, the moving party shall file a declaration explaining to the Court why the appearance could not have been dropped sooner.

CRITICALCivil cases

Applies to

Petition for final distribution

The final-distribution petition must describe independent acts taken without prior court approval and allege that the advice-of-proposed-action notice period was met or waived and no objections were received.

The petition for final distribution must list and describe all independent acts taken without prior Court approval and must contain an allegation that the notice period for the advice of proposed action was met or waived and that no objections were received.

CRITICAL

Applies to

Guardianship information form declaration

The declaration must address the need for guardianship, the parents’ inability to care for the proposed ward and consent, and the minor’s development, residence history, special needs, and the guardian’s ability to meet those needs.

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Verified petition

If the petition for final distribution requests it, statutory compensation may be based on inventory values plus income and gains on sales, less losses on sales, provided those figures are clearly stated in the verified petition in accordance with CRC 7.705(b).

As an alternative to basing statutory compensation on the inventory values alone, where the petition for final distribution so requests, the Court will allow such compensation to be based on the inventory values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly in the verified petition in accordance with CRC 7.705(b).

CRITICAL

Applies to

Supporting declaration

If the responding party was not contacted or did not agree, the supporting declaration must explain why the proposed setting should proceed without that party’s consent.

If the responding party has not been contacted or has not agreed to the proposed setting, the supporting declaration shall clearly demonstrate why the hearing and/or service should be set on the proposed date without the consent of the responding party.

CRITICAL

Applies to

Judgment

A child-support, spousal-support, or attorney-fee award requires an attached written agreement or sufficient information for an order, including a completed and executed Income and Expense Declaration with both parties' information where available.

A. Support and/or Fee Awards. No award of child support, spousal support or attorney's fees will be granted unless there is either an attached written agreement between the parties settling those issues, or there is sufficient information on which the Court may base an order, including a fully completed and executed Income and Expense Declaration (with information on both parties where available).

CRITICALCivil cases

Applies to

Order after motion

After the Court grants a motion, the prevailing party must prepare an order but need not send it to the opposing party for approval as to form.

The prevailing party shall prepare an order after the Court has granted any motion. Because time is of the essence, the prevailing party is not required to send the order to the opposing party for approval as to form.

CRITICAL

Applies to

Accounting

If the trustee will pay net probate income to trust beneficiaries despite waiving the accounting, the net probate income must be specified.

Even though there is a waiver of accounting by the trustee, if the net probate income is to be paid over by the trustee to trust beneficiaries, the net probate income must be specified.

CRITICALCivil cases

Applies to

Order

The order must require the depository's receipt for the funds and a copy of the order to be filed forthwith after the funds are deposited.

The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds.

CRITICAL

Applies to

Duties of guardian form

Before Letters of Guardianship issue, each proposed guardian of the person or estate must sign and file Judicial Council Form GC-248.

Before Letters of Guardianship are issued, each proposed guardian of the person or estate must sign and file the Duties of Guardian form (Judicial Council Form GC-248).

CRITICAL

Applies to

Petition

A petition for transfer of property to a trust must allege who is entitled to notice.

Petitions shall include an allegation of those entitled to notice.

CRITICAL

Applies to

Conservator fee petition

A conservator petitioning for fees must disclose compensation received or available from any collateral source, including a trust.

When a conservator is petitioning for fees, any compensation received or available from any collateral source, including a trust, must be disclosed.

CRITICAL

Applies to

Bench bar settlement conference statement

The statement must be entitled “Bench/Bar Settlement Conference Statement”; self-represented parties may obtain a sample at the Legal Self Help Center.

A. Form. The Statement shall be entitled "Bench/Bar Settlement Conference Statement." Self-represented parties may obtain a sample BBSC Statement at Legal Self Help Center.

CRITICAL

Applies to

Supporting declaration

The supporting declaration must state specific facts establishing necessity, including a personal-knowledge explanation of why each document requires the Elisor’s signature.

Specific facts establishing the necessity of the appointment of an Elisor, including the reason, by a person with personal knowledge, why each document requires the Elisor's signature.

CRITICAL

Applies to

Domestic violence restraining order request

Applicants for domestic violence protective orders must file the request in an existing or concurrently filed Family Law/Parentage action, not a new case.

Applicants for protective orders under Family Code § 6200 et seq. (Domestic Violence Prevention Act) shall file their request for restraining order in any existing or concurrently filed Family Law/Parentage action rather than file a new case.

CRITICAL

Applies to

Petition

For a withdrawal after the minor reaches majority when the blocked-account order is not self-executing, the petition must include a certified birth certificate or other convincing evidence of age, and the order must direct payment only to the former minor.

Where withdrawal is sought because the minor has reached majority and the order establishing the blocked account is not self-executing, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal. The order must provide for the payment of the funds only to the former minor.

CRITICALCivil cases

Applies to

Petition

A petition to transfer real property must provide the deed showing the decedent's ownership.

For transfer of real property, the deed showing ownership by the decedent must be provided.

CRITICALCivil cases

Applies to

Trust document

A trust document submitted with a petition requesting authorization to establish a trust must comply with CRC 7.903.

If the petition requests authorization to establish a trust, the trust document must comply with the requirements of CRC 7.903.

CRITICAL

Applies to

Child support order

A child support order must order a wage assignment or provide an alternative authorized by law.

A wage assignment must be ordered or an alternative authorized by law provided.

CRITICAL

Applies to

Physician declaration

A declaration on the Judicial Council form must state the required medical opinions, their factual basis, the examination and investigation performed, and comply with Probate Code section 812.

A physician's declaration on the Judicial Council Form is filed stating a medical opinion that the proposed conservatee lacks the capacity to give informed consent to any medical treatment and that the proposed conservator should be granted the exclusive authority to give such consent and to consent over the objection of the proposed conservatee. Such declaration must state the factual basis for the opinion and the nature and extent of the physician's examination and investigation. Such declaration must also conform to the requirements of Probate Code § 812.

CRITICAL

Applies to

Bbsc statement

The BBSC Statement must separately list community and known alleged separate debts and provide specified information about each debt.

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.

CRITICALCivil cases

Applies to

Application for approval of minor claim compromise

An application to approve a minor’s claim compromise must attach current medical reports stating the minor’s diagnosis and prognosis, and must not claim insurance-covered medical costs as reimbursement.

All applications for Court approval of a compromise of minor’s claim, pursuant to CRC 7.950, shall include as attachments current medical reports giving a diagnosis and prognosis of the minor's condition. Medical costs covered by medical insurance available to the minor or the minor’s parents shall not be included as items of reimbursement.

CRITICAL

Applies to

Petition for final distribution

The petition for final distribution must list and describe all independent acts taken without prior Court approval and must contain an allegation that the notice period for the advice of proposed action was met or waived and that

The petition for final distribution must list and describe all independent acts taken without prior Court approval and must contain an allegation that the notice period for the advice of proposed action was met or waived and that

CRITICAL

Applies to

Discovery motion

Discovery motions must be clearly labeled as such in the pleading caption.

All discovery motions shall be clearly labeled as such in the caption of the pleading.

CRITICAL

Applies to

Family allowance petition

A family allowance petition must establish that the allowance is necessary and reasonable and provide the listed estate, eligibility, needs, and income information.

All petitions for family allowance must show that the allowance is necessary and reasonable, including: 1. The nature and separate and community character of the probate estate and whether or not it is solvent; 2. Whether others are entitled to family allowance; 3. The approximate needs of the applicant, with reference to his or her their standard of living; and 4. The applicant's income from other sources.

CRITICALCivil cases

Applies to

Express written declaration

A post-January 1, 1985 transmutation of title requires an express written declaration made, joined in, consented to, or accepted by the adversely affected spouse.

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.

CRITICALCivil cases

Applies to

Declaration

If the moving party does not remove a resolved discovery motion from calendar at least five court days beforehand, the 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.

CRITICAL

Applies to

Application for order for publication or posting

A request for service by publication or posting must include the original and one copy of Forms FL-980 and FL-982, plus a self-addressed stamped envelope.

To request service of summons by publication or posting, the petitioner must complete and submit to the court an original and one copy of an Application for Order for Publication or Posting (Judicial Council Form FL-980) and Order for Publication or Posting (Judicial Council Form FL-982) with a self-addressed stamped envelope.