Marin Superior Court Document Filing Requirements

WARNINGCivil cases

Applies to

Petition

A full bond will normally be imposed on a non-corporate temporary guardian or conservator of the estate; a petition requesting a lesser amount must show good cause.

A full bond will normally be imposed upon a non-corporate temporary guardian or conservator of the estate; if a lesser amount is requested, good cause must be shown in the petition.

WARNING

The filing must disclose any arrest record of the guardian and each person who will reside in the guardian’s home, including the offense and its date, place, and disposition.

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.

WARNINGCivil cases

Applies to

Petition for final distribution

If the Will directs payment of taxes from the estate residue, the petition should allege that direction.

If the Will has a clause directing the payment of the taxes out of the residue of the estate, this should be alleged.

WARNINGCivil cases

Applies to

Declaration

The declaration should include a statement which sets forth the number of hours spent on ordinary services and the total dollar value of services performed for such services.

The declaration should include a statement which sets forth the number of hours spent on ordinary services and the total dollar value of services performed for such services.

WARNING

Applies to

Petition for confirmation of sale of real estate

The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale. If no additional bond is required, or if bond is waived, that fact should be alleged. If additional bond is required after confirmation of sale of real property, the petitioner should provide sufficient information to the Court to determine the net proceeds of sale and the amount of the required additional bond.

The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale. If no additional bond is required, or if bond is waived, that fact should be alleged. If additional bond is required after confirmation of sale of real property, the petitioner should provide sufficient information to the Court to determine the net proceeds of sale and the amount of the required additional bond.

WARNINGCriminal cases

Applies to

Ability of pay petition

A defendant unable to pay a fine may submit an Ability of Pay petition through the Court’s website or submit Form TR-320 to request available payment relief.

Defendants who are unable to pay their fine may request a fine reduction, payment plan, extension of time to pay, or community service in lieu of fine payment by submitting an Ability of Pay petition using the court’s website: Ability To Pay (ca.gov), or submitting the Can’t Afford to Pay Fine: Traffic and Other Infractions (Form TR-320)

WARNINGCivil cases

Applies to

Notice of intention to sell real property

If the estate prefers all cash but will accept part cash and part credit, the notice should include the specified language; the excerpt provides only the beginning of that language.

If the estate would prefer all cash but will accept part cash and part credit, the notice should include the following language: “All cash, or part cash and

WARNING

Applies to

Petition

The latest deed for real property should be attached to the petition.

A copy of the latest deed for any real property should be attached to the petition.

WARNING

Applies to

Confidential court file request

A requestor must present valid photo identification when requesting a confidential court file not listed in the ePortal index.

Requestors must present valid photo identification at the time of the request.

WARNINGCivil cases

Applies to

Waiver of account

Waivers of Account will be accepted in the Court's discretion only in the following instances: 1. When the proceeding is terminated by Court order and the conservatee thereafter waives an account; 2. When the proceeding is terminated by death of the conservatee and (a) there is no Will and a written waiver is obtained from all of the conservatee's heirs, or (b) there is a Will and a written waiver is obtained from the personal representative and the

Waivers of Account will be accepted in the Court's discretion only in the following instances: 1. When the proceeding is terminated by Court order and the conservatee thereafter waives an account; 2. When the proceeding is terminated by death of the conservatee and (a) there is no Will and a written waiver is obtained from all of the conservatee's heirs, or (b) there is a Will and a written waiver is obtained from the personal representative and the

WARNING

Applies to

Minute order copy

When the originating court determines the youth should be served through the opposite status, it will dismiss its case and send the minute order to the alternate court.

If the originating court (Delinquency or Dependency), upon receipt of a joint assessment for dual status youth, decides that the youth should only be on the opposite status (e.g. delinquency court determines minor should be served through dependency system) , the originating Court will dismiss their case and send a copy of that minute order to the alternate Court.

WARNING

Applies to

Order shortening time

Provision for immediate delivery of the pleading to responding party should be set forth in the order.

Provision for immediate delivery of the pleading to responding party should be set forth in the order.

WARNINGCivil cases

Applies to

Petition for withdrawal or release

D. Withdrawals or Releases from Depository. The petition should set forth the approximate bond, and the purpose for which the withdrawal is being made.

D. Withdrawals or Releases from Depository. The petition should set forth the approximate bond, and the purpose for which the withdrawal is being made.

WARNING

Applies to

Minute order copy

The lead Court clerk will send a copy of the minute order to the non-lead Court clerk.

A copy of the minute order will be sent by the lead Court clerk to the non-lead Court clerk.

WARNING

Applies to

Petition

For a special medically related power, a physician’s declaration should be presented with the petition.

In any case involving a special medically related power, a physician's declaration should be presented with the petition.

WARNINGCivil cases

Applies to

Petition

The petition should set forth facts showing the emergency or urgent nature of the request.

The petition should set forth facts showing the emergency or urgent nature of the request.

WARNING

Applies to

Exhibits

Exhibits should be limited to discovery questions and answers, testimony, or responses relevant to the issues presented.

Any exhibits should be limited to those questions and answers, testimony and/or responses relevant to the issues presented.

WARNING

Applies to

Distribution receipt

The receipt of distribution should match the distribution found on the Judgment for Final Distribution.

The receipt of distribution should match the distribution found on the Judgment for Final Distribution.

WARNINGCivil cases

Applies to

Notice of intention to sell real property

The notice should include a legal description and, when available, the property's street address or other common designation.

In addition to a legal description of the property, the notice should contain the street address or other common designation of the property, when available,

WARNINGCivil cases

Applies to

Order reducing liability on existing bond

When a fiduciary’s bond should be decreased, the Court favors an order reducing liability on the existing bond rather than a substitute bond.

C. Bond Decrease. When the fiduciary's bond should be decreased, the Court favors using an order reducing the liability on the existing bond rather than a substitute bond.

WARNINGCivil cases

Applies to

Case management forms

The plaintiff or cross-complainant must obtain the blank Case Management Statement and Notice of Settlement of Entire Case from the specified section of the Court’s website.

From the Court’s website at www.marin.courts.ca.gov under Forms & Filing, Judicial Council Forms section, the plaintiff or cross-complainant shall obtain the following two documents: 4. A blank Case Management Statement (CM-110) 5. A blank Notice of Settlement of Entire Case (CM-200)

WARNING

Applies to

Petition for probate

The petition should state the petitioner’s requested treatment of interlineations and deletions, or another appropriate request.

The petition should request that the interlineated portion be admitted or not admitted; that the deletions take effect or be disregarded; or make such other request as petitioner finds to be appropriate.

WARNINGCivil cases

Applies to

Objection to appraisal

After the filing of the inventory and appraisal and before a hearing on the Petition for Final Distribution, the personal representative or an interested person may file a written objection to the value of assets on the appraisal.

After the filing of the inventory and appraisal and before a hearing on the Petition for Final Distribution, the personal representative or an interested person may file a written objection to the value of assets on the appraisal.

WARNINGCivil cases

Applies to

Notice of intention to sell real property

The notice should state the date and place of sale, not the date of the confirmation hearing.

The notice should include the date and place of sale, not the date of the confirmation hearings.

WARNINGCriminal cases

Applies to

Financial qualification for community service work

Eligibility for community service work is determined by reviewing the defendant’s income on Local Form CR080.

Eligibility for CSW shall be determined based on a review of a defendant’s income on a Financial Qualification for Community Service Work – Criminal Case (Local Form CR080).

WARNING

Applies to

Petition

The petition should state facts showing the emergency or urgent nature of the temporary guardianship or conservatorship request.

The petition should set forth facts showing the emergency or urgent nature of the request.

WARNING

Applies to

Petition

Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate whether by the attorney for the representative or outside counsel should be requested in advance and will ordinarily be allowed upon a properly noticed petition estimating the cost of litigation.

Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate whether by the attorney for the representative or outside counsel should be requested in advance and will ordinarily be allowed upon a properly noticed petition estimating the cost of litigation.

WARNING

Applies to

Court appointed counsel billing

Court-appointed attorneys must submit billings at least annually, and a billing may not span multiple years, regardless of who pays.

Attorneys appointed by the Court to represent parties shall submit billings for their services at least once per year and may not bill for services that span multiple years. This rule is applicable whether or not the Court, the County of Marin or the individual parties are responsible for paying for these legal services.

WARNING

Applies to

Notice of intention to sell real property

If the property will be sold subject to an encumbrance, the notice should say so.

If the property is to be sold subject to an encumbrance, the notice should so state.

WARNINGCivil cases

Applies to

Letters

E. Letters. Any Letters issued where accounts have been blocked should include the statement: "Account located at (institution name) has been blocked and receipts for the blocked account have been filed with the Court."

E. Letters. Any Letters issued where accounts have been blocked should include the statement: "Account located at (institution name) has been blocked and receipts for the blocked account have been filed with the Court."

WARNINGCivil cases

Applies to

Petition

If a personal representative has been appointed for the deceased heir or devisee, the petition should list the heir or devisee in care of that representative’s name and address.

If a personal representative has been appointed, the deceased heir or devisee should be listed in care of the name and address of their personal representative.

WARNINGCivil cases

Applies to

Order appointing public defender

Counsel or a self-represented petitioner should prepare an order appointing the Public Defender as counsel for the proposed conservatee.

Counsel or the self-represented petitioner should prepare an order appointing the Public Defender as counsel for the proposed conservatee.

WARNINGCivil cases

Applies to

Petition for confirmation of sale

The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale. If no additional bond is required, or if bond is waived, that fact should be alleged.

The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale. If no additional bond is required, or if bond is waived, that fact should be alleged.

WARNING

Applies to

Compensation application

A compensation application should request a specific amount rather than merely requesting reasonable fees.

The application should request a specific amount and not merely "reasonable fees."

WARNING

Applies to

Discovery evidence

A party relying on discovery materials must properly authenticate the evidence.

A party relying on discovery materials such as interrogatory answers, deposition testimony, or responses to requests for admissions shall properly authenticate such evidence.

WARNINGCivil cases

Applies to

Petition to waive probate referee

Appointment of a Probate Referee may be waived for good cause based on facts presented in the petition, but waivers are not routinely granted.

The appointment of a Probate Referee may be waived for "good cause" under Probate Code § 8903, et seq. The decision whether good cause exists will be made by the Court on the basis of the facts set forth in the petition. 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. The petition shall state the source of the values included in the inventory and appraisal. Waivers of appointment are not routinely granted.

WARNING

Applies to

Order to disburse funds

An order disbursing Court-held funds must identify each payee’s full name, mailing address, and exact payment; a final disbursement order for interest-bearing funds must also identify who receives any 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.

WARNING

Applies to

Filing referencing prior order

When a prior court order is relevant, the filing date and pertinent language or an undisputed summary should be referenced.

Where a prior order of the Court is relevant, a reference should be made to the date the order was filed and the pertinent language of the order (or a summary if not in dispute).

WARNING

Applies to

Trustee declination

A written declination should be filed by or on behalf of a trustee who does not choose to act.

A written declination should be filed by or on behalf of the trustee who does not choose to act.

WARNING

Applies to

Community service work eligibility

CSW eligibility is determined by reviewing the defendant’s income using Local Form CR080.

Eligibility for CSW shall be determined based on a review of a defendant’s income on a Financial Qualification for Community Service Work – Criminal Case (Local Form CR080).

WARNINGCivil cases

Applies to

Accounting waiver

An accounting may be waived if each person entitled to distribution files a written waiver or acknowledgment of receipt, although a beneficiary of a specific cash bequest or non-income-producing assets ordinarily need not execute a waiver.

Waiver of accounting is permitted when each person entitled to distribution files either a written waiver of accounting or a written acknowledgment that the distributee has already received that to which he/she is entitled. A beneficiary of a specific cash bequest or non-income producing assets ordinarily need not execute a waiver of the accounting.

WARNING

Applies to

Order

If the assets to be deposited are in the possession of a bank, savings and loan association or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary.

If the assets to be deposited are in the possession of a bank, savings and loan association or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary.

WARNING

Applies to

Supporting declaration

If the applicant for a domestic violence restraining order seeks to modify an existing order regarding custody and/or visitation, in a separate supporting declaration, the applicant should explain why ex parte notice of the request was not given to the proposed restrained party.

If the applicant for a domestic violence restraining order seeks to modify an existing order regarding custody and/or visitation, in a separate supporting declaration, the applicant should explain why ex parte notice of the request was not given to the proposed restrained party.

WARNING

Applies to

Order directing report

Counsel or a self-represented petitioner should prepare an order directing the Golden Gate Regional Center to report on the powers requested.

Counsel or the self-represented petitioner should prepare an order directing the Golden Gate Regional Center to prepare a report on the powers requested by the proposed limited conservator.

WARNING

Applies to

Proposed order

Provision for immediate delivery of the pleading to responding party should be set forth in the order.

Provision for immediate delivery of the pleading to responding party should be set forth in the order.

WARNING

Applies to

Proposed order

Proposed orders generally may not accompany moving papers before a hearing on a regularly noticed motion or RFO, except when ordered by the Court or required by statute or Rule of Court; the quoted examples continue beyond this excerpt.

Proposed orders may not be submitted with moving papers before a hearing on a regularly-noticed motion or RFO unless ordered by the court or if otherwise required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors’ claims,

WARNING

Applies to

Notice of intention to sell real property

The notice should state the date and place of sale, rather than the date of the confirmation hearing.

The notice should include the date and place of sale, not the date of the confirmation hearings.

WARNING

Applies to

Complaint response

The complainant must receive written notice of the findings and whether any action was taken.

Within fifteen (15) court days, the Managing Attorney will inform the complainant in writing of their findings and whether any action was taken.

WARNING

Applies to

Order appointing probate referee

If no Referee has been assigned on the Order for Probate, an Order Appointing Probate Referee should be submitted to the Court.

If a Referee has not been assigned on the Order for Probate, an Order Appointing Probate Referee should be submitted to the Court.

WARNINGCivil cases

Applies to

Decree of distribution

The decree should provide that the savings institutions or other depository holding blocked funds belonging to the estate draw checks payable to named distributees.

The decree should provide that the savings institutions or other depository holding blocked funds belonging to the estate draw checks payable to named distributees.