Marin Superior Court Document Filing Requirements

INFO

Applies to

Consent to electronic filing and service

To consent to electronic filing and service, a self-represented party may file and serve Judicial Council Form EFS-005-CV.

Self-represented parties are encouraged to agree to electronic filing and service, and may agree by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Judicial Council Form EFS-005-CV).

INFO

Applies to

Default judgment

Marin County permits entry of a default judgment with an attached written settlement agreement.

Marin County permits the entry of a default judgment with a written settlement agreement attached.

INFO

Applies to

Domestic violence restraining order application

Applicants may need additional forms if they have children with the proposed restrained party or seek to transfer a wireless telephone account.

(An applicant may need additional forms if the applicant has children with the proposed restrained party or seeks an order to transfer a wireless telephone account.)

INFO

Applies to

Order for probate

To obtain appointment of a Probate Referee, the appropriate box on the Order for Probate should be checked.

To obtain appointment of a Probate Referee, the appropriate box on the Order for Probate should be checked.

INFOCivil cases

Applies to

Declaration

In uncontested matters, witnessed and holographic wills may be proved by declaration without testimony in open court.

In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need of testimony in open Court.

INFOCivil cases

Applies to

Spousal property petition

If disclosure is believed detrimental, the petition may paraphrase the document or relevant portions if it states that the document 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.

INFOCivil cases

Applies to

Compensation application

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

INFOCivil cases

Applies to

Clerk default judgment

A clerk default judgment may be submitted when Code of Civil Procedure section 585 applies.

A default judgment by clerk may be submitted in cases where Code of Civil Procedure § section 585 applies.

INFOCivil cases

Applies to

Bond

The Court may require a bond in its discretion even in circumstances where one ordinarily is not required.

The Court, in its discretion, may require a bond.

INFO

Applies to

Citation

These felony and misdemeanor rules should be cited as "Marin County Rule, Felony/Misdemeanor" or "MCR Crim" followed by the rule number (e.g., Marin County Rule, Felony/Misdemeanor 3.1 or MCR Crim 3.1).

These felony and misdemeanor rules should be cited as "Marin County Rule, Felony/Misdemeanor" or "MCR Crim" followed by the rule number (e.g., Marin County Rule, Felony/Misdemeanor 3.1 or MCR Crim 3.1).

INFO

A litigant may identify a previously filed document by its filing date and pertinent language, or by an undisputed summary, rather than attaching it.

If a litigant wants to ensure that the court was able to locate a previously filed document, that person may reference to the date the document was filed and the pertinent language of the document (or a summary if not in dispute)

INFO

Applies to

Holographic will proof declaration

The Court prefers that a non-beneficiary prove a holographic will.

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

INFO

Applies to

Settlement conference statement

Settlement conference statements are not required in unlawful detainer cases.

Settlement conference statements are not required for unlawful detainer cases.

INFOCivil cases

Applies to

Petition

Attorneys are encouraged to file a separate petition to establish the fact of death, although the Probate Code permits including it in a verified petition for probate or letters of administration.

Although the Probate Code authorizes a petition to establish the fact of death to be included in a verified petition for probate of Will or for Letters of Administration for convenience of administration, attorneys are encouraged to file a separate petition.

INFOCivil cases

Applies to

Bond

If the personal representative is not a California resident, the Court may require a bond for the decedent’s unsecured debts.

When the personal representative is not a resident of California, the Court may require bond for any unsecured debts of Decedent.

INFO

Applies to

Petition

An interested person may notify the Court by filing a petition to modify a previous order using the specified form.

This may be done by filing a petition to modify a previous order, under W&I Code § 388 (Judicial Council form JV-180).

INFO

Applies to

Petition to modify previous order

An interested person may notify the Court by filing a petition to modify a previous order under W&I Code § 388 using Judicial Council form JV-180.

This may be done by filing a petition to modify a previous order, under W&I Code § 388 (Judicial Council form JV-180).

INFOCivil cases

Applies to

Petition for conservatorship

This information should also be included in the petition for conservatorship.

This information should also be included in the petition for conservatorship.

INFO

Applies to

Plaintiff claim sc 100

Small-claims plaintiffs are encouraged to attach their documentary or photographic evidence to Form SC-100.

Small Claims plaintiffs are encouraged to attach their evidence (documents and/or photographs) to their Plaintiff’s Claim and ORDER to Go to Small Claims Court (Form SC-100).

INFOCriminal cases

Applies to

Arraignment plea and counsel form

Represented counsel may appear under Penal Code §977 and enter a letter plea by filling out Form CR016.

If a defendant is represented by counsel, said counsel may appear pursuant to Penal Code §977 and enter a letter plea by filling out the Court’s Arraignment Plea and Counsel Form (CR016).

INFOCivil cases

Applies to

Order for withdrawal or release

An order may direct that withdrawn funds be paid directly to a taxing authority, beneficiary, or other person entitled to them.

The order may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto.

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Applies to

Local form

Local forms are optional unless a form is otherwise indicated as mandatory.

forms are designated “Optional” unless otherwise indicated

INFO

Applies to

Progress payment request

On a proper showing, the Court may authorize progress payments before the litigation is complete.

Upon proper showing the Court may authorize progress payments prior to completion.

INFO

Applies to

Default judgment

A default judgment may be entered with an attached written settlement agreement.

Marin County permits the entry of a default judgment with a written settlement agreement attached.

INFOCivil cases

Applies to

Receipt

A reserve distribution may be included on the primary receipt or filed on 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

Opposition

An opposing party may submit written opposition upon receiving notice or have the opposition noted on the application form.

An opposing party may present any written opposition to the request for ex parte orders upon receipt of notice or may have their opposition noticed on the application form.

INFO

Applies to

Small claims evidence cover sheet

A defendant without a claim may use Local Form SC015 as an evidence cover sheet and follow the form’s service and filing instructions.

If the defendant does not have a claim, a defendant can use Small Claims Evidence Cover Sheet (Local Form SC015) and follow the service and filing instructions included on the form.

INFO

Applies to

Petition to establish fact of death

Although the petition may be included in a verified probate or letters of administration petition, attorneys are encouraged to file it separately.

Although the Probate Code authorizes a petition to establish the fact of death to be included in a verified petition for probate of Will or for Letters of Administration for convenience of administration, attorneys are encouraged to file a separate petition.

INFO

Applies to

Clerk default judgment

A clerk default judgment may be submitted in cases where Code of Civil Procedure section 585 applies.

A default judgment by clerk may be submitted in cases where Code of Civil Procedure § section 585 applies.

INFO

Applies to

Will proof declaration

In uncontested matters, witnessed and holographic wills may be proved by declaration without open-court testimony.

In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need of testimony in open Court.

INFOCivil cases

Applies to

Bond

For good cause, the Court may require or increase a bond before or after Letters issue, despite a will’s waiver or an earlier order dispensing with or reducing bond.

Even if the Will waives bond, or if the Court directs no bond be filed, or be filed in a reduced sum, the Court on its own motion, or on petition of any person interested in the estate may, for good cause, require the bond be given or amount increased, either before or any time after issuance of letters.

INFO

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.

INFO

Applies to

Small claims evidence cover sheet

A plaintiff may use Local Form SC015 as an evidence cover sheet and follow the form’s service and filing instructions.

A plaintiff can also use Small Claims Evidence Cover Sheet (Local Form SC015) and follow the service and filing instructions included on the form.

INFOCivil cases

Applies to

Bond

Ordinarily, no bond is required when the will waives bond for the nominated representative, the petitioner is the sole beneficiary, or all beneficiaries waive bond.

Ordinarily, no bond will be required of the personal representative in the following circumstances: (a) where the Will waives bond of the nominated personal representative; (b) where the petitioner is the sole beneficiary under the Will, or (c) all beneficiaries of the estate waive bond.

INFO

Applies to

Order

An order may direct that funds be paid directly to a taxing authority, beneficiary, or other person entitled to them.

The order may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto.

INFOCivil cases

Applies to

Accounting waiver

A waiver may be executed by a co-trustee or by all trust beneficiaries currently entitled to distribution, for testamentary trusts and pourover wills into inter vivos trusts.

The waiver may be executed by a co-trustee or by all trust beneficiaries presently entitled to distribution. This applies to testamentary trusts and to pourover wills into inter vivos trusts.

INFOCivil cases

Applies to

Petition

The petition for use of guardianship assets may be included in the petition to appoint a guardian.

Such petition may be included in a petition for the appointment of a guardian.

INFO

Applies to

Request for order

A complainant may appeal the manager’s action by filing a Request for Order (FL-300) with the assigned Unified Family Court Judicial Officer.

The complainant may appeal the manager’s action by a Request for Order (FL-300) to the Judicial Officer of the Unified Family Court to whom the case is assigned for all purposes.

INFO

Applies to

Written complaint

A party may lodge a written complaint with the Court about their attorney, and specified representatives may lodge such a complaint on behalf of a child concerning the child’s appointed attorney.

Any party to a juvenile dependency proceeding may lodge a written complaint with the Court concerning the performance of their attorney. A complaint concerning the performance of an attorney appointed to represent a minor in a dependency matter may be lodged on the child’s behalf by the social worker, Court Appointed Special Advocate (CASA), guardian ad litem, a caretaker relative, or a foster parent.

INFOCivil cases

Applies to

Receipt

The Court may excuse a receipt if the personal representative shows that reasonable efforts were unsuccessful in obtaining evidence that the property was delivered to or is possessed 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.