Marin Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Petition for final distribution

A final-distribution petition must state specifically how the estate will be distributed; a general reference to the Will or intestate succession is insufficient.

The petition for final distribution must state specifically how the estate is to be distributed. A general allegation that distribution is "in accordance with the terms of the Will" or "in accordance with the laws of intestate succession" is insufficient.

CRITICALCivil cases

Applies to

Petition

A petition for appointment of a temporary conservator requesting that required notice be dispensed with must include Judicial Council Form GC-112.

If the petition requests that notice be dispensed with to any persons required to receive notice, the Judicial Council Form GC-112 must be filed with the petition for appointment of a temporary conservator.

CRITICALCivil cases

Applies to

Assignment

The Probate Court will distribute directly to an heir's or devisee's assignee only if a duly acknowledged assignment is on file.

The Probate Court will distribute directly to the assignee of an heir or devisee only when a duly acknowledged assignment is on file.

CRITICAL

Applies to

Application for order to deposit minor funds

Applications for an order to deposit a minor’s money must include completed Judicial Council forms MC-350, MC-351, and MC-355.

All applications filed to request an order to deposit money belonging to a minor shall be accompanied by completed Judicial Council forms MC-350, MC-351, and MC-355.

CRITICALCivil cases

Applies to

Investigative report

An investigative report must be provided to the Court before appointment of a guardian of the person or estate unless the Court waives the requirement.

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.

CRITICAL

Applies to

BBSC statement

The statement must identify and detail specified funds held by others and future interests, including their characterization, supporting basis, pertinent data, access conditions, and encumbrances.

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

BBSC statement

If a child receives public assistance and the County is the support assignee, the statement must show that DCSS was notified of the conference and provided pertinent current financial documents.

If any child is a recipient of public assistance, and the County is the assignee of the support, the statement shall show that the DCSS has been notified of the time and date of the BBSC and provided copies of all pertinent, current financial documents (i.e., Income and Expense Declaration, Support Calculations, etc.).

CRITICAL

Applies to

Settlement agreement

The respondent’s signature on the settlement agreement must be notarized.

Respondent’s signature on the agreement must be notarized.

CRITICAL

Applies to

Department of social services investigation report

For a non-relative’s guardian appointment petition, the Department of Social Services must investigate and report to the Court before the hearing.

In all cases where a non-relative petitions to be appointed guardian, the Department of Social Services will perform an investigation and make a report to the Court prior to the hearing date.

CRITICAL

Applies to

Judgment

Every judgment must include provisions for legal and physical custody.

All judgments must contain provision for legal and physical custody.

CRITICALCivil cases

Applies to

Petition to sell securities

If no recent market quotation is available or securities are closely held, the petition must state the basis for the minimum sales price.

If there is no recent market quotation available or the securities are "closely held," the petition must set forth the basis for fixing the minimum sales price.

CRITICAL

Applies to

Income and expense declaration

The declaration must disclose relevant employment, income, household, and financial facts, including the listed histories and conditional information.

A completed Income and Expense Declaration shall include all facts relevant to the parties' employment status, income, living arrangements, and payment of household expenses. Those facts include but are not necessarily limited to: 1. Commission, bonuses and overtime, with 2-year history and amounts. 2. All employment benefits, whether in cash or in kind, with 2-year history and amounts. 3. 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. 4. If annual income fluctuates, an income history of not less than 2 years, and description of the method used to calculate monthly income. 5. The identity of each income producing household member, the relationship of each to the party, gross and net income, contributions to household expenses, and financial arrangements, if any, between each household member and the party. 6. If a party is unemployed, an explanation must be provided. If relevant, a description of the party's most recent employment, reason for and verification of termination, gross and net income prior to termination, and a description of all efforts to seek employment since termination, if any, shall be set forth. If a party is disabled, retired or incarcerated, all pertinent facts shall be set forth.

CRITICAL

Applies to

Post judgment request for order

Parties in post-judgment proceedings must submit an Address Verification Declaration, using FL-334 for custody, visitation, or child support matters and FL070 for other matters.

In all post-judgment proceedings, parties must submit an Address Verification Declaration for Post-Judgment Request for Order. For custody/visitation or child support, parties shall use FL-334. The Address Verification Declaration to be used for matters other than those related to minor children is Local Form (FL070) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin

CRITICAL

Applies to

Notice of manual filing

A party manually filing a qualifying document or exhibit must electronically file and serve a Notice of Manual Filing that describes it and explains why it cannot be e-filed.

A party manually filing such a document or exhibit must file electronically and serve a Notice of Manual Filing describing the document or exhibit and stating the reason the party cannot electronically file the document or exhibit.

CRITICALCivil cases

Applies to

Petition for settlement of trustee account

A petition to settle a trustee's account must identify the beneficiaries and remainder persons and state the trust's principal- and income-distribution provisions.

The petition for settlement of a trustee's account must include the names of beneficiaries and remainder persons and set forth the trust provisions for distribution of principal and income.

CRITICAL

Applies to

Request to change or end restraining order

An applicant seeking this modification must submit a completed FCS Intake Sheet with the Request to Change or End Restraining Order.

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).

CRITICAL

Applies to

Petition for distribution

Alternative distributees must also be identified.

In addition, alternative distributees must be set forth.

CRITICAL

Applies to

Proof of service

The moving party’s proof of service must indicate that the Family Court Services notice was served.

The moving party’s proof of service shall indicate that this notice has been served.

CRITICAL

Applies to

Petition for probate

The petition must list all heirs, devisees, other persons named in the will, and nonpetitioning executors or alternate executors named in the will.

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.

CRITICAL

Applies to

Minor claim compromise application

Applications for approval of a minor’s claim compromise must attach current medical reports stating the minor’s diagnosis and prognosis.

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.

CRITICAL

Applies to

Child support order

A child support order must specify or reserve the support amount 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.

CRITICAL

Applies to

Family allowance order

An order granting family allowance must specify a definite period.

All orders will limit family allowance to a definite period of time.

CRITICAL

Applies to

Ex parte application

An ex parte application must clearly identify itself as an “ex parte” application.

The application must clearly state that it is an “ex parte” application.

CRITICALCivil cases

Applies to

Petition

The petition must describe the parents' financial inability or other circumstances justifying use of guardianship assets.

The petition must set forth the parents' financial inability or other circumstances which would justify use of the guardianship assets.

CRITICAL

Applies to

Statement

If public assistance is being received, the statement must include the specified county-assignment and DCSS-notification wording.

If public assistance is being received, the statement must also provide that "the children are recipients of public assistance from ______ County and that county is the assignee of all rights to support herein. The DCSS of _____ County has been notified of the time and date of this conference."

CRITICAL

Applies to

Supporting declaration

A request to shorten time for a hearing or service must include a supporting declaration stating whether the responding party was contacted and agreed to the proposed date and time.

If an order shortening time for the hearing and/or service is requested, the supporting declaration shall state whether the responding party has been contacted and has agreed to the date and time proposed for the hearing and/or service.

CRITICAL

Applies to

BBSC statement

When a party claims a separate-property interest in an asset, the statement must detail relevant tracing transactions and, when applicable, the basis for calculating community and separate interests.

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

Proof of service

The moving party’s proof of service must indicate that the notice was served; otherwise, the hearing may be continued on the Court’s own motion or at the request of an aggrieved party.

The moving party’s proof of service shall indicate that this notice has been served or the hearing may be continued on the Court’s own motion or on request of the party aggrieved by the non-compliance.

CRITICAL

Applies to

Child support agreement

A child-support agreement must include the Judicial Council stipulation form or contain language consistent with it.

All agreements for child support shall be accompanied by the Judicial Council form "Stipulation to Establish or Modify Child Support" or must contain language consistent with that form.

CRITICAL

Applies to

Support calculations and explanatory declarations

Support calculations and explanatory declarations must be signed by the party or the party's attorney.

The support calculations and explanatory declarations shall be signed by the party or heir attorney..

CRITICALCivil cases

Applies to

Order of final distribution

The order of final distribution must show the tax proration.

the order of final distribution must show the proration.

CRITICALCivil cases

Applies to

Special power request

A specific written explanation must be submitted for each power requested under Probate Code § 2590.

Specific written explanations must be submitted for each power requested under Probate Code § 2590.

CRITICALCivil cases

Applies to

Investigative report

When the proposed guardian is a relative, the court investigator will interview all parties before the hearing and report to the Court.

When the proposed guardian is a relative, the court investigator will interview all parties prior to the hearing and report to the Court.

CRITICALCivil cases

Applies to

Declaration

Court-appointed counsel requesting an independent professional fiduciary must disclose any current representation of that fiduciary in another proceeding in a declaration filed with the Court.

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.

CRITICAL

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.

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.

CRITICAL

Applies to

Judgment

For a marriage of at least 10 years, the Court will reserve jurisdiction to award spousal support to both parties unless a written agreement provides otherwise.

A marriage of 10 years or longer is presumptively a long-term marriage. In such cases, absent a written agreement to the contrary, the Court will reserve jurisdiction to award spousal support to both parties.

CRITICAL

Applies to

Petition for final distribution

A final-distribution petition must describe all claims presented to the personal representative and each claim's disposition, 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

Ex parte application

An ex parte application must be verified and supported by sufficient evidentiary facts; conclusions alone are insufficient, and a foundation should be shown for the petitioner’s personal knowledge.

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.

CRITICAL

Applies to

Nonprofessional conservator or guardian fee request

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

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

CRITICAL

Applies to

Competency review petition

The minor’s attorney must petition the court to obtain a review of the minor’s current competency.

The minor’s attorney would have to petition the court for a review of the minor’s current competency.

CRITICAL

Applies to

Guardianship status report

A confidential guardianship status report is due annually and must use the Judicial Council form.

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

CRITICAL

Applies to

Petition or affidavit

A petition or affidavit must state the interest or right to be protected and the action requested on the child’s behalf.

The petition or affidavit shall set forth the nature of the interest or right to be protected and the action on the child’s behalf that is being requested.

CRITICALCivil cases

Applies to

Compensation request

A non-professional conservator or guardian who hires assistance must disclose the employment and fee arrangement.

If a non-professional conservator or guardian employs someone to assist with their duties, such employment and the fee arrangement must be disclosed.

CRITICAL

Applies to

Order to disburse funds

Orders disbursing court-held funds must identify each payee’s full name, mailing address, and exact payment; final disbursement orders for interest-bearing funds must identify who receives remaining interest.

All orders to disburse funds previously deposited with the Court shall clearly state the full name and mailing address of each payee and the exact amount to be paid to each. In the case of final disbursement of funds in interest-bearing deposits, the order shall designate who is to receive any interest remaining in the account after the disbursement has been made.

CRITICAL

Applies to

Court reporter request statement

In any civil case, a party must file a statement ten days before trial or a hearing saying whether the party requests an official court reporter.

A party in any type of civil case must file a statement ten (10) days before the trial or hearing date indicating whether the party requests the presence of an official court reporter.

CRITICALCivil cases

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

Order

Except in unlawful detainer cases or when the Court directs otherwise, the prevailing party must prepare an order consistent with the announced ruling.

Except in unlawful detainer cases, or when the Court otherwise directs, the prevailing party shall prepare an order consistent with the announced ruling in accordance with CRC 3.1312.

CRITICAL

Applies to

Discovery motion

Motions and requests for order under the Civil Discovery Act must state “Discovery Motion” on the caption page.

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.

CRITICAL

Applies to

Request for disclosure of juvenile case file

Unless a stated legal exception applies, a person or agency seeking Juvenile Court records must file form JV-570 with the Juvenile Clerk in Room 113, even if no Juvenile Court action has commenced.

Except as indicated in W&I Code §§ 827 and 828 and CRC 5.552, in all cases in which a person or agency seeks access to Juvenile Court documents or records, including documents or records maintained by the Juvenile Court Clerk, the Probation Department or the Department of Family and Children Services, the person or agency shall file a Request for Disclosure of Juvenile Case File (JV-570) with the Juvenile Clerk in Room 113. This Rule applies even if no action has been commenced in Juvenile Court under W&I Code §§ 300, 601 or 602.