Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Proposed order

An instructed proposed order after hearing must be attached to Judicial Council Form EFS-020.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

Applies to

Cover sheet

A cover sheet identifying the lodged or sealed documents must be electronically filed.

A cover sheet that identifies the lodged or sealed documents must be electronically filed.

CRITICAL

Applies to

Order

For funds deposited in a blocked account, the order must direct payment of any fees and costs to those entitled and the balance to a named depository, require filing the depository’s receipt and a copy of the order upon deposit, and state that withdrawal requires a Court order.

Where the minor's funds are to be deposited in a blocked account, the order must provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified. 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. The receipt must acknowledge that the funds may be withdrawn only on Court order.

CRITICALCivil cases

Applies to

Decree of distribution

The decree should direct distribution to the minor or conservatee, rather than the guardian or conservator, but must direct actual payment or delivery to the guardian or conservator.

The decree should provide for distribution of the property to the minor or the conservatee rather than to the guardian or conservator but must provide that actual payment or delivery be made to the guardian or conservator.

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

Consent to act as trustee

A testamentary trustee waiving the personal representative's accounting must have filed consent to act as trustee.

A testamentary trustee who waives the accounting of the personal representative must have filed a consent to act as trustee.

CRITICAL

Applies to

Trust notice filing

To establish who is entitled to notice, the Court requires either a lodged copy of the trust document or an attorney declaration identifying the trust beneficiaries entitled to notice.

The Court requires that a copy of the trust document be lodged with the Court to verify the persons requiring notice or a declaration by the attorney be filed stating the trust beneficiaries entitled to notice.

CRITICALCivil cases

Applies to

Uccjea declaration

A UCCJEA declaration must be filed with the petition and whenever the ward’s address changes.

A declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) shall be filed with the petition and at any time there is a change of address of the ward.

CRITICAL

Applies to

Action under probate code 2580

Court approval must be obtained before taking an action specified in Probate Code § 2580 and following.

Prior Court approval is required for any action specified in Probate Code § 2580, et seq.

CRITICALCivil cases

Applies to

Surviving spouse election

A surviving spouse electing to administer property must file an election stating that they were fully informed of the reasons, including potential delay and increased compensation.

If the surviving spouse elects under Probate Code § 13502 to administer property, the surviving spouse must file an election and state he or she has been fully informed regarding the reasons for the election, including the potential delay and increased compensation.

CRITICAL

Applies to

Petition

If the will is not self-proving, proof of the will must also be filed.

If the will is not self-proving, proof of will must also be filed.

CRITICALCivil cases

Applies to

Petition

The court may not authorize removal of a temporary conservatee from the state without an additional showing of necessity.

The court may not authorize removal from the state without an additional showing of necessity.

CRITICAL

Applies to

Request for disclosure of juvenile case file

Except as provided by the cited statutes and rule, a person or agency seeking access to Juvenile Court records must file form JV-570 with the Juvenile Clerk in Room 113.

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.

CRITICAL

Applies to

BBSC statement

The statement must list each claimed community-property item and provide the specified acquisition, characterization, valuation, encumbrance, and title information.

List each item of community property, the date it was acquired, the basis upon which it is claimed to be community property and, if a mixed asset, the basis for apportioning between separate and community. For each asset, state the current market value, the terms and balance of each encumbrance against the property, and the title history to the present of titled property.

CRITICALCivil cases

Applies to

Continuance request

Must include

proposed order

A pre-hearing continuance request must be made by stipulated motion and proposed order signed by appearing parties, and the petitioner and all appearing parties must stipulate.

By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance.

CRITICALCivil cases

Applies to

Written objections

Written objections or opposition specifying their grounds must be filed before a formal hearing in a contested proceeding.

Before the Court will conduct a formal hearing in any contested proceeding, written objections specifying the grounds for such objection or opposition must be filed.

CRITICAL

Applies to

Post judgment request for order

Parties must submit an Address Verification Declaration in every post-judgment proceeding.

In all post-judgment proceedings, parties must submit an Address Verification Declaration for Post-Judgment Request for Order.

CRITICAL

Applies to

Competency attainment information

When incompetency has been found and services ordered, the Probation Officer must collect and provide the listed evaluations, records, case information, and contact details to the Department of Health and Human Services.

Where incompetency has been found and services ordered, the Probation Officer will collect and provide Department of Health and Human Services with the following information: 1. Competency Evaluation; 2. All psychiatric and psychological evaluations; 3. All behavioral health records; 4. Relevant educational records, including Individualized Education Plans, if applicable; 5. Available health and medical information (including medication); 6. All Delinquency and Dependency petitions or notices; 7. A list of all previous referrals to Probation, Human Services Agency and/or Child Protective Services, and reports generated; 8. Name, phone number and email of the Probation Officer, Minor’s attorney and Assistant District Attorney; 9. Location, phone number and address of the minor; and 10. Names, phone numbers, addresses and emails for the parents or guardians for the minor.

CRITICAL

Applies to

Support or fee award

A support or fee award requires either an attached written agreement or sufficient supporting information, including a completed and executed Income and Expense Declaration when applicable.

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).

CRITICAL

Applies to

Preliminary declaration of disclosure

When filing the BBSC Statement, each party must update the preliminary Declaration of Disclosure as needed to reflect specified material financial or property changes.

At the time of filing the BBSC Statements, each party shall update their preliminary Declaration of Disclosure as necessary to reflect any material change in income or expenses of the party and any material change in the characterization or value of separate or community property and/or debts.

CRITICAL

Applies to

Request to enter default

The stated alternatives include a written agreement settling the issues or a completed Property Declaration attached to and served with the Request to Enter Default.

written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Applies to

Consent

A testamentary trustee who waives the personal representative’s accounting must have filed consent to act as trustee.

A testamentary trustee who waives the accounting of the personal representative must have filed a consent to act as trustee.

CRITICALCivil cases

Applies to

Petition

A temporary guardianship or conservatorship will not be granted unless good cause is shown.

A temporary guardianship or conservatorship will not be granted without a showing of good cause.

CRITICAL

Applies to

Petition for appointment of temporary conservator

A petition for appointment of a temporary conservator seeking to dispense with required notice 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

Petition

A petition to sell a conservatee’s residence must allege a stated basis for the sale and include information that the sale was discussed with the conservatee as required by the Probate Code.

If the conservator petitions to sell the conservatee's residence, the petition must allege that the conservatee is unable to return to the residence or, if able, that the conservatee agrees to the sale, or that the sale is necessary to generate cash to support the conservatee. The petition shall include the information that the sale has been discussed with the conservatee pursuant to the Probate Code.

CRITICALCivil cases

Applies to

Petition for spousal property

If the decedent died testate, a copy of the will must be attached to the petition.

If the decedent died testate, a copy of the Will must be attached to the Petition.

CRITICAL

Applies to

Application for final discharge

If funds were retained as a reserve, the final discharge application must state the disposition of all funds and include all receipts.

If funds have been retained as a reserve, the application for final discharge shall contain the disposition of all funds and all receipts.

CRITICAL

Applies to

Declaration

A request for extraordinary attorneys' compensation must include detailed descriptions of the work performed, hours spent, average hourly rate, total amount requested, and special circumstances.

Requests for extraordinary attorneys' compensation must contain detailed descriptions of the work performed, the hours spent on the work performed, the average hourly rate requested, the total amount requested and special circumstances related to the request.

CRITICAL

Applies to

Proof of service

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

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

CRITICAL

Applies to

Ex parte notice

When an ex parte hearing is requested, the notice must state its date, time, and department.

is requested, then notice shall include the date, time, and department of the ex parte hearing.

CRITICALCivil cases

Applies to

Fee declaration

A corporate conservator or guardian seeking schedule-based fees for actively managing an income-producing estate asset must submit a declaration for court approval listing the specified schedule and payment information.

Where a corporate conservator or guardian actively managing an income-producing estate asset seeks fees premised upon a fee schedule, the fiduciary must submit for court approval a declaration that sets forth the institution’s published fee schedule at the close of the accounting period, the compensation paid to the fiduciary, and the dates of such payment.

CRITICALCivil cases

Applies to

Doctors declaration

A doctor's declaration on the Judicial Council form must state both that the proposed conservatee has a deficit and how it prevents the person from functioning.

A doctor's declaration on the Judicial Council Form is required stating not only that the proposed conservatee suffers from a deficit, but how that deficit prevents the proposed conservatee from functioning.

CRITICAL

Applies to

Judgment

The judgment must address spousal support for each party, which may be requested, terminated, or reserved.

Spousal support for each party must be addressed. A support amount may be requested, support may be terminated, or the issue may be reserved.

CRITICALCivil cases

Applies to

Discovery motion

A discovery motion must state “Discovery Motion” on its caption page.

All discovery motions presented for filing must state “Discovery Motion” on the caption page.

CRITICALCivil cases

Applies to

Ex parte application

The notice declaration must identify persons entitled to notice and explain either the notice given or the facts supporting a request to dispense with notice.

Identify the persons entitled to notice under the applicable sections of the Probate Code, and either set forth an explanation of notice provided or the facts upon which the petitioner requests an order dispensing with notice.

CRITICALCivil cases

Applies to

Duties of conservator

Before Letters of Conservatorship issue, each conservator must obtain the Handbook for Conservators and file the Duties of Conservator indicating receipt.

Before Letters of Conservatorship are issued, each conservator of the person or estate must obtain a copy of the “Handbook for Conservators” (available for download here: Handbook for Conservators (ca.gov)) and file the Duties of Conservator indicating receipt of the Handbook for Conservators.

CRITICALCivil cases

Applies to

Guardianship documents

Before Letters of Guardianship issue, each proposed guardian must sign and file Form GC-248, view the guardianship film, and file Form FL033/PR033.

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). The proposed guardian must also view the guardianship film, available on the Court’s website at www.marin.courts.ca.gov or shown in Room 116 and file the Declaration of Proposed Guardian’s Viewing of Film (Local Form FL033/PR033).

CRITICAL

Applies to

Petition

Every petition requesting statutory compensation, including one accompanied by a waiver of accounting, must show the calculation of the requested compensation in accordance with CRC 7.705(a).

All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in accordance with CRC 7.705(a).

CRITICAL

Applies to

Request for specially set ex parte hearing

A request for an earlier specially set ex parte hearing must provide sufficient supporting facts and requires judicial approval.

Such request must provide sufficient facts to justify an earlier hearing date and will be submitted to the Probate Judge for consideration and will not be granted without judicial approval.

CRITICAL

Applies to

Report accompanying account

A report accompanying an account must disclose actual or potential conflicts of interest as required by law.

The report accompanying an account shall include a disclosure of any actual or potential conflicts of interest as required by law.

CRITICAL

Applies to

BBSC statement

Each party must state their child- and spousal-support contentions and include guideline child-support calculations.

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

CRITICALCriminal cases

Applies to

Doctor report attachment

A doctor’s report for a mental health diversion petition must be submitted separately as a confidential document and identify the petition, case, and scheduled court event.

Any doctor’s report that would be submitted as an attachment to the petition, must be submitted as a separate confidential document. The attachment shall indicate CONFIDENTIAL ATTACHMENT TO MENTAL HEALTH DIVERSION PETITION, and include the case name, case number and scheduled court event.

CRITICALCivil cases

Applies to

Declaration

The declaration must state facts supporting the property’s claimed characterization.

The declaration must state facts supporting the character of the property as community, quasi community, or separate property.

CRITICAL

Applies to

Petition to seal arrest and related records

A filed petition to seal arrest and related records must be accompanied by Judicial Council form CR-410 or an Order.

When the petition is filed, Judicial Council form CR-410 or an Order must be submitted.

CRITICAL

Applies to

Motion to modify child or spousal support

Every motion to modify child or spousal support must include a declaration stating the prior order’s date and amount, the parties’ incomes and the findings underlying that order, and the substantial change in circumstances.

D. Modification. Every motion to modify child or spousal support shall include a declaration setting forth the following: 1. The date of the prior order. 2. The amount of the prior order. 3. Each party's gross and net incomes at the time of the prior order and the findings on which the prior order was based. 4. A specification of the substantial change in circumstances since the last order.

CRITICAL

Applies to

Calendar removal notification

The calendar-removal notification must be a written transmittal signed by the party and/or attorney confirming the matter is to be taken off calendar.

This notification shall be a written transmittal and shall be signed by the party and/or the attorney confirming that the matter is to be taken off calendar.

CRITICAL

Applies to

Court investigator report

When the proposed guardian is a relative, the court investigator must 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

Conservatorship filing

In addition to the General Plan, the conservator must prepare and file Judicial Council Form GC-355.

The requirement of a General Plan is in addition to the requirement to prepare and file Judicial Council Form GC-355 Determination of Conservatee’s Appropriate Level of Care.

CRITICAL

Applies to

Judgment packet

A non-appearance judgment-by-declaration packet must include the specified forms and judgment materials.

To obtain a Judgment by Declaration (non-appearance) pursuant to Family Code § 2336, the judgment packet submitted to the Clerk's Office must include: 1. Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170). 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. 3. Judgment (FL-180) with any attachments. 4. Notice of Entry of Judgment (FL-190). In lieu of providing two stamped envelopes for delivery of the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on the submitting party’s behalf. 5. Copies of the judgment and any attachments or supporting documents will be returned electronically.

CRITICALCivil cases

Applies to

Issue conference submissions

Each party must file and serve the listed Issue Conference materials no later than ten court days before the conference.

Not later than ten (10) court days before an Issue Conference, each party shall file and serve the following: 1. Issue Conference Statement; 2. A proposed statement of the case to be read to the jury; 3. Proposed voir dire questions; 4. Proposed jury instructions; 5. Proposed verdict forms; 6. Motions in Limine (if any).