Marin Superior Court Document Filing Requirements

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

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

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."

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."

WARNING

Applies to

Petition for probate

When a will offered for probate has interlineations or deletions, the petition should explain the alteration and support the petitioner’s position.

Where the will offered for probate contains alterations by interlineation or deletion on the face, the petition for probate should contain allegations to explain the alteration and support petitioner’s position in the matter.

WARNINGCivil cases

Applies to

Declaration

Counsel should file a declaration to assist the Court when appropriate.

Where appropriate, counsel should file a declaration to assist the Court.

WARNINGCivil cases

Applies to

Accounting report

The report accompanying each accounting should contain a statement of the age, health, and whereabouts of the ward. In addition, the report should contain an allegation concerning the amount of bond currently in effect and should address the question of the adequacy thereof.

The report accompanying each accounting should contain a statement of the age, health, and whereabouts of the ward. In addition, the report should contain an allegation concerning the amount of bond currently in effect and should address the question of the adequacy thereof.

WARNING

Applies to

Petition for probate

If no personal representative has been appointed, that fact should be alleged.

If no personal representative has been appointed, that fact should be alleged.

WARNING

Applies to

Probation N forms

When Dependency is the lead court, the probation officer must ensure the necessary probation N forms are 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.

WARNINGCivil cases

Applies to

Petition

The petition should set forth in an attachment, statements of all relevant facts regarding the alteration, for example, whether the will was in possession of decedent, and should include a statement of applicable law.

The petition should set forth in an attachment, statements of all relevant facts regarding the alteration, for example, whether the will was in possession of decedent, and should include a statement of applicable law.

WARNING

Applies to

Petition for probate

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.

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

Filing

To have the Clerk’s Office mail back conformed copies of filings submitted by mail, drop box, or in person, provide a properly sized, self-addressed stamped envelope with sufficient postage.

If submitted via mail, drop box, or in person, and it is requested that the Clerk’s Office mail back conformed copies of their filings, a self-addressed stamped envelope of proper size and with sufficient postage must be provided.

WARNING

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

Order appointing probate referee

If a Referee has not 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

Petition for confirmation of sale

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.

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.

WARNINGCivil cases

Applies to

Petition for letters of special administration

The petition should include the specific reason indicating the necessity of the appointment.

The petition should include the specific reason indicating the necessity of the appointment.

WARNING

Applies to

Notice of intention to sell real property

If the property has an exclusive listing, the notice should say so.

If an exclusive listing has been given, the notice should so state.

WARNINGCivil cases

Applies to

Receipt of distribution

The receipt of distribution should match the distribution stated in the Judgment for Final Distribution.

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

WARNINGCivil cases

Applies to

Petition

In addition, the petition should provide the court with assurance that the amount requested for extraordinary services of the attorney and paralegal combined do not exceed the amount appropriate if the attorney provided the services without the paralegal's assistance.

In addition, the petition should provide the court with assurance that the amount requested for extraordinary services of the attorney and paralegal combined do not exceed the amount appropriate if the attorney provided the services without the paralegal's assistance.

WARNING

Applies to

Consent to electronic service

Represented parties in juvenile cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving all parties, a Consent to Electronic Service and Notice of Electronic Service Address, local form (JUV022).

Represented parties in juvenile cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving all parties, a Consent to Electronic Service and Notice of Electronic Service Address, local form (JUV022).

WARNING

Applies to

Compensation application

Compensation should be requested for work performed and costs incurred during the accounting period.

Compensation should be requested for work performed and costs incurred during the period of the accounting.

WARNINGCivil cases

Applies to

Petition

When seeking discharge at the appropriate time, the court-appointed attorney is expected to petition for discharge and compensation.

At that time, the court appointed attorney will petition for discharge and for compensation.

WARNING

Applies to

Petition

If disclosure is believed to be detrimental, the petition may paraphrase the document or relevant portions, provided it states that the document itself will be made available to the Court.

If it is believed that disclosure of the document would be detrimental, the document or the relevant portions may be paraphrased in the petition accompanied by a statement that a copy of the document itself will be made available to the Court.

WARNINGCivil cases

Applies to

Accounting

A receipt for the court investigator fees should be on file.

A receipt for the fees should be on file.

WARNING

Applies to

Notice or petition

Where the minor is alleged to have committed a new offense or violation of probation, the deputy probation officer should not avoid filing a new notice or petition merely because there is a pending competency process. The Probation Department should proceed as if there were no competency process under way, and should not wait until the next scheduled court hearing.

Where the minor is alleged to have committed a new offense or violation of probation, the deputy probation officer should not avoid filing a new notice or petition merely because there is a pending competency process. The Probation Department should proceed as if there were no competency process under way, and should not wait until the next scheduled court hearing.

WARNINGCivil cases

Applies to

Petition

A request for extraordinary compensation for estate litigation should be made in advance; compensation will ordinarily be allowed upon a properly noticed petition estimating litigation costs.

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

The filing must address the need for a visitation order, existing orders and visitation issues, and, if visitation is at issue, how often the parents visit.

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.

WARNING

The filing must disclose prior contact with Child and Family Services by the minor, the guardian, and anyone who will reside in the guardian’s home.

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.

WARNING

Applies to

Application for waiver of court fees and costs

A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

WARNING

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.

WARNING

Applies to

BBSC statement

A previously filed Income and Expense Declaration may be attached only if it was filed within three months of the BBSC Statement and financial circumstances have not changed.

Previously filed Income and Expense Declarations may be attached if they were filed within three (3) months of the filing of the BBSC Statement and if financial circumstances have not changed.

WARNINGCivil cases

Applies to

Petition

For a request involving 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.

WARNING

Applies to

Petition

A petition for withdrawal before majority must fully disclose its purpose; such withdrawals are disfavored except for medical emergencies or unusual needs a parent cannot meet.

Where withdrawal is sought prior to majority, the purpose of the withdrawal must be fully disclosed. Withdrawals are disfavored except in cases of medical emergencies or unusual needs which a parent is unable to meet.

WARNING

Applies to

Bond reduction petition

After appointment, a bond may be reduced by submitting a bond-reduction petition and order together with a depository receipt showing assets equal to the requested reduction.

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

WARNING

Applies to

Report

CFS staff must arrange delivery of an original report to the Juvenile Services Center at the stated address.

CFS staff will make arrangements to deliver an original copy of the report to Juvenile Services Center at 4 Jeanette Prandi Way.

WARNINGCivil cases

Applies to

Final account waiver

Waivers of final accounts on termination are disfavored, and the Court may require the ward to attend the hearing.

Waivers of final accounts on termination are not favored, and the Court may require the ward to be present at the hearing.

WARNING

Applies to

Judicial administrative record request

A request to copy or inspect a judicial administrative record must be made in writing.

Any request for a copy of or to inspect a judicial administrative record pursuant to CRC 10.500 must be made in writing.

WARNING

The filing must disclose pending or prior Juvenile Court proceedings involving the minor or anyone who will reside in the guardian’s home, including 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.

WARNINGCivil cases

Applies to

Order appointing conservator

Attorney fees are not granted in the order appointing a conservator.

The Court does not grant attorney fees in the Order Appointing Conservator.

WARNINGCivil cases

Applies to

Reserve

The reserve generally should not exceed 10% of the assets on hand.

The reserve shall generally not exceed 10% of the assets on hand.

WARNING

Applies to

Petition for probate

The petition should set forth in an attachment, statements of all relevant facts regarding the alteration, for example, whether the will was in possession of decedent,

The petition should set forth in an attachment, statements of all relevant facts regarding the alteration, for example, whether the will was in possession of decedent,

WARNINGCivil cases

Applies to

Notice of intention to sell real property

The notice should disclose an exclusive listing and should disclose when the property is to be sold subject to an encumbrance.

If an exclusive listing has been given, the notice should so state. If the property is to be sold subject to an encumbrance, the notice should so state.

WARNING

Applies to

Declaration of eligibility for appointment

The Court may require counsel to complete and submit a Declaration of Eligibility for Appointment (JV-700).

Note, the Court may require counsel to complete and submit a Declaration of Eligibility for Appointment (JV-700).

INFOCivil cases

In appropriate circumstances, the Court may require appointment of and notice to a guardian ad litem when potential beneficiaries' interests may significantly diverge from those of existing beneficiaries.

In appropriate circumstances the Court may require the appointment of and notice to the guardian ad litem for potential beneficiaries if their interest may diverge significantly from those of the beneficiaries in being.

INFOCivil cases

Applies to

Petition

A Petition to Establish Identity of Heirs may be filed when property title vests in the specified heirs or descendants without other specific identification.

A Petition to Establish Identity of Heirs may be filed when title to real or personal property vests in heirs, heirs of the body, issue, or children of the decedent without other specific identification.

INFO

Applies to

Distribution receipt

A reserve distribution may be included on the primary receipt or documented in a separate receipt.

The distribution of any reserve may be included on the primary receipt or may be filed as a separate receipt.

INFO

Applies to

Compensation application

An application for compensation may be included in a petition for settlement of account, a petition for distribution, or a separate petition.

An application for compensation may be included in a petition for settlement of account, in a petition for distribution, or in a separate petition.

INFO

Applies to

Distribution receipt

The court may excuse a receipt if the personal representative shows that reasonable efforts failed to obtain evidence that the property was delivered to or is held by the distributee.

The Court may excuse the filing of a receipt on a showing that the personal representative is unable, after reasonable effort, to obtain a receipt that the property has been delivered to or is in the possession of the distributee.

INFO

Applies to

Defendant claim sc 120

Small-claims defendants are encouraged to attach their documentary or photographic evidence to Form SC-120.

Small Claims defendants are encouraged to attach their evidence (documents and/or photographs) to their Defendant’s Claim and ORDER to Go to Small Claims Court (Form SC-120).

INFOCivil cases

Applies to

Declaration

A non-beneficiary is preferred to prove a holographic will.

There is a preference for a non-beneficiary to prove a holographic will.

INFO

Applies to

Supplemental account

The Court in its discretion may require a supplemental account for the reserve.

The Court in its discretion may require a supplemental account for the reserve.