Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Bbsc statement

Each party must personally sign a certification that their preliminary Declaration of Disclosure is current and complete and has no known material changes.

Each party shall certify that their preliminary Declaration of Disclosure is current and complete and that they are unaware of any material changes in it. Such certification shall be signed by the party personally – signature of counsel is not sufficient.

CRITICAL

Applies to

Private sale confirmation

Confirmation of a private sale requires a Probate Referee appraisal and, when the stated one-year condition applies, a reappraisal.

In order for a private sale to be confirmed, there must be on file an appraisal by the Probate Referee of the property and, if required, a reappraisal by the Probate Referee if the decedent's date of death or guardian's or conservator's appointment occurred more than one year before the date of the confirmation hearing.

CRITICAL

Applies to

Conservatorship appointment filing

Professional fiduciaries exempt from the statutory definition or licensing requirement must provide information about their exemption.

All professional fiduciaries who are exempt from the definition of professional fiduciary under Business and Professions Code § 6501, or who are exempt from the licensing requirement of § 6530, must provide information about their exemption.

CRITICAL

Applies to

Petition for distribution

Heirs who take by intestacy must be described sufficiently for the Court to determine whether intestate succession laws were properly applied.

Heirs who take by virtue of intestacy must be sufficiently described to permit the Court to determine if the laws of intestate succession have been properly applied.

CRITICALCivil cases

Applies to

Discovery motion

Any discovery motion must be accompanied by a declaration describing the parties’ reasonable, good-faith attempt to resolve the dispute.

Parties must submit a declaration setting forth this reasonable and good faith attempt at resolution with any discovery motion, pursuant to Code of Civil Procedure section 2016.040.

CRITICAL

Applies to

Evaluator report

Court-appointed evaluators must attach certificates documenting the specified domestic-violence training to their reports.

All evaluators appointed by the court must comply with CRC 5.230(f) by attaching to their reports certificates of completion of the initial twelve (12) hours of advanced instruction and of the most recent annual four (4) hour update training in domestic violence.

CRITICAL

Applies to

Moving or responsive papers

Each party must file a current completed Income and Expense Declaration with moving or responsive papers in proceedings involving child support, spousal support, attorney’s fees, or other financial relief.

A current completed Income and Expense Declaration shall be filed by each party with their moving or responsive papers in all proceedings involving requests for child support, spousal support, attorney’s fees, or other financial relief.

CRITICAL

Applies to

Proposed order

The proposed order must identify the party, each document to be signed, and the capacity in which the Elisor will sign each document.

State the party’s name for whom the Elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the Elisor will be signing each document.

CRITICAL

Applies to

Certification

Each party must personally sign a certification that their preliminary Declaration of Disclosure is current, complete, and without known material changes.

Each party shall certify that their preliminary Declaration of Disclosure is current and complete and that they are unaware of any material changes in it. Such certification shall be signed by the party personally – signature of counsel is not sufficient.

CRITICALCivil cases

Applies to

Petition for final discharge

The petition for final discharge must show how all amounts held in reserve were disposed of.

The petition for final discharge must show the disposition of all amounts held in reserve

CRITICAL

Applies to

Judgment

The judgment must address spousal support for each party.

Spousal support for each party must be addressed.

CRITICALCivil cases

Applies to

Confidential guardian screening

The petition filing must include the Confidential Guardian Screening, Judicial Council Form GC-212.

3. Confidential Guardian Screening (Judicial Council Form GC-212).

CRITICAL

Applies to

Account

An account summary must use carry value, and an additional schedule must show asset market value at the end of the accounting period.

The summary of account must be in carry value (not market value). An additional schedule must be provided showing the market value of assets at the end of the accounting period per Probate Code § 1063(a).

CRITICALCivil cases

Applies to

Settlement conference statement

The settlement conference statement’s face sheet must show the date and time of both the settlement conference and trial.

The parties shall note the date and time of the settlement conference and trial on the face sheet of the statement.

CRITICAL

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

Petition for distribution

When property character may affect distribution, the petition must allege whether the property is separate or community property.

In all cases where the character of the property may affect distribution, whether the decedent died testate or intestate, the petition for distribution must contain an allegation as to the separate or community character of the property.

CRITICAL

Applies to

Supplemental financial documentation

In proceedings involving child or spousal support, attorney’s fees, or Family Code section 271 sanctions, each party must provide the specified recent personal and entity tax returns and income and financial documentation in addition to the Income and Expense Declaration.

In all proceedings where child or spousal support, attorney’s fees, or Family Code §271 sanctions are an issue, in addition to filing completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation: copies of the party’s two most recent state and federal income tax returns and all K-1's for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2's, 1099's and K-1's); and copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity.

CRITICALCivil cases

Applies to

Petition

A petition must allege who is entitled to notice.

Petitions shall include an allegation of those entitled to notice.

CRITICAL

Applies to

Written notice

A party requesting a reporter for one of the listed proceedings must file written notice with the clerk.

The party requesting a reporter shall file ten (10) days’ advance written notice to the clerk of his/her request to have a reporter present during any of these proceedings.

CRITICALCivil cases

Applies to

Interested beneficiary consents

Consents of interested beneficiaries must be filed when a petition seeks non-pro-rata distribution.

Consents of interested beneficiaries must be filed.

CRITICAL

Applies to

Trust accounting

When a trust is established under the substituted-judgment statutes for a conservatee, the Court requires biennial accountings of all trust assets.

If a trust is established pursuant to the substituted judgment statutes for a conservatee, the Court will require biennial accountings of all trust assets and the trust shall remain under the jurisdiction of the Probate Court.

CRITICAL

Applies to

Petition

A petition requesting a lesser bond for a non-corporate temporary guardian or conservator of the estate 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.

CRITICAL

Applies to

Proposed order

An Elisor appointment proposed order must designate the Clerk of the Court or Clerk’s Designee and identify the party, documents, and signing capacity without naming a specific court employee.

The proposed order must include all of the following: 1. Designate "The Clerk of the Court or Clerk’s Designee" as the Elisor. The order cannot state a name or title of a specific court employee. 2. State the party’s name for whom the Elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the Elisor will be signing each document.

CRITICAL

Applies to

Judgment packet

The judgment packet must include FL-190; instead of providing two stamped envelopes, the party may pay an additional fee via eFiling for the court to provide the envelope.

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.

CRITICAL

Applies to

Income and expense declaration

The petitioner must file Judicial Council Form FL-150, an income and expense declaration, before the hearing.

The petitioner shall file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150)

CRITICAL

Applies to

Order confirming sale

An order confirming sale must state the total commissions allowed and any agreed allocation between brokers.

F. Order Must Allocate Commission. The order confirming sale must show the total commissions allowed and any allocation agreed on between brokers.

CRITICALCivil cases

Applies to

Petition for probate

The petition must list each person provided for in the original will whose bequest was revoked by a later codicil.

Also to be listed in the petition is each person provided for in the original will whose bequest has been revoked in a subsequent codicil.

CRITICALCivil cases

Applies to

Issue conference statement

The Issue Conference Statement must address the parties’ facts, law, and contentions; anticipated issues; stipulations; witnesses and testimony; exhibits; and estimated trial length.

Parties shall include the following in the Issue Conference Statement for consideration at the Issue Conference: 1. A statement of the facts, law, and respective contentions of the parties regarding liability, damages and (if applicable) the nature and extent of injuries; 2. Any unusual evidentiary or legal issues anticipated at trial; 3. All matters of fact believed by any party to be appropriate for stipulation; 4. A list of all witnesses to be called and a brief statement of anticipated testimony; 5. A list of all exhibits to be introduced; 6. A trial length estimate.

CRITICAL

Applies to

Bbsc statement

The BBSC Statement must include a specific, detailed proposal for dividing or allocating property, debts, and obligations.

Set forth a specific and detailed proposal for dividing and/or allocating community property, separate property, and all debts and obligations.

CRITICAL

Applies to

Account

An account where bond has been posted must allege the total bond, specified property value and income amounts, and any additional bond required.

In any account where bond has been posted, allegations must be included as to the total bond(s) posted, the fair market value of personal property on hand at the close of the account period plus the estimated annual gross income from the real and personal property, and any additional bond required.

CRITICALCivil cases

Applies to

Fee petition

A conservator petitioning for fees must disclose compensation received or available from any collateral source, including a trust.

When a conservator is petitioning for fees, any compensation received or available from any collateral source, including a trust, must be disclosed.

CRITICAL

Applies to

Stipulated continuance

The parties must file the local FL007 Stipulation & Order to Continue Case Progress Conference before the court date.

Prior to the court date, the parties shall file a Stipulation & Order to Continue Case Progress Conference, which is a local form (FL007) available in the Clerk’s Office, at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICAL

Applies to

Issue conference filings

Each party must file and serve the listed Issue Conference documents no later than 10 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).

CRITICALCivil cases

Applies to

Interim account waiver

The Court will not accept waivers of interim accounts.

Waivers of interim accounts will not be accepted.

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 there is a contrary written agreement.

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.

CRITICALCivil cases

Applies to

Proof of will

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

Proposed order

When a future accounting is required, the last paragraph of the proposed order approving an intermediate accounting must include the specified future-accounting language.

When a future accounting is required, the following language shall be included in the last paragraph of the proposed order for approval of an intermediate accounting: “The [First/Second/Third etc.] Account and Report covering the accounting period from <insert applicable date> to <insert applicable date> shall be filed by __________.”

CRITICALCriminal cases

Applies to

Motion to vacate conviction or sentence

A motion to vacate a conviction or sentence may use form CR-187, and form CR-188 or an order must be submitted when the petition is filed.

A Motion to Vacate Conviction or Sentence (Penal Code §§ 1016.5, 1473.7) may be submitted on or in conjunction with Judicial Council form CR-187. When the petition is filed, Judicial Council form CR-188 or an Order must be submitted.

CRITICAL

Applies to

Support calculation and explanatory declaration

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

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

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 underlying findings, and the substantial change in circumstances.

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

Complaint

A complaint concerning a Family Court Services CCR counselor must be registered in writing with the Family Court Services manager.

The complainant must register the complaint in writing with the manager of Family Court Services, who will make a record of the complaint.

CRITICAL

Applies to

Order

After any motion is granted, the prevailing party must prepare an order but need not send it to the opposing party for approval as to form.

B. Orders. The prevailing party shall prepare an order after the Court has granted any motion. Because time is of the essence, the prevailing party is not required to send the order to the opposing party for approval as to form.

CRITICALCivil cases

Applies to

Broker commission splitting agreement

Any agreement among brokers to split commissions must be signed by all brokers.

If the brokers have an agreement regarding the splitting of the commissions, it must be signed by all brokers.

CRITICAL

Applies to

Request for exemption from mandatory electronic filing and service

Must include

proposed order

An exemption request must be filed with the Clerk and served on all parties using Form EFS-007 with a proposed order on Form EFS-008.

The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICALCivil cases

Applies to

Petition for appointment of professional conservator

A professional fiduciary exempt under either cited provision must provide information about the exemption.

All professional fiduciaries who are exempt from the definition of professional fiduciary under Business and Professions Code § 6501, or who are exempt from the licensing requirement of § 6530, must provide information about their exemption.

CRITICAL

Applies to

Joint report

The joint recommendation must be submitted in one report to the juvenile court with the petition.

The recommendation will be made jointly in one report to the juvenile court with the petition that is filed on behalf of the minor, and the Court shall determine which status is appropriate for the minor.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A proposed order must be submitted when the petition is filed.

Proposed orders shall be submitted at the time of filing the petition.

CRITICAL

Applies to

Factual declaration

A declaration supporting supervised visitation must state the reasons, when and where visitation will occur, the supervisor's name and address, and how the supervisor will be compensated.

2. Where a party is seeking supervised visitation between a child and the defaulting party: The reasons such visitation should be supervised; when and where supervised visitation should occur; the name and address of the person or agency who/which will perform the supervision; and the method by which the supervisor is to be compensated.

CRITICALCivil cases

Applies to

Account

An account must state the period it covers.

The account must state the period covered by the account.

CRITICALCivil cases

Applies to

Account report

An account report must disclose actual or potential conflicts of interest or, if none are required, state that no disclosures are required under the cited statutes.

The report accompanying an account shall include a disclosure of any actual or potential conflicts of interest as required by law. If no disclosures are required, the guardian shall include an allegation that no disclosures are required pursuant to Probate Code §§ 2111.5, 2351(d), 2401(c), and 2403(c)(2).