Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Income and expense declaration

The declaration must disclose commissions, bonuses, and overtime, including their amounts and a two-year history.

Commission, bonuses and overtime, with 2-year history and amounts.

CRITICAL

Applies to

Professional fiduciary compensation request

Professional fiduciaries must present compensation requests so the Court can evaluate reasonableness and must distinguish routine, non-professional services from other services.

Professional fiduciaries must submit requests for compensation in a manner that allows the Court to evaluate whether the fee requested is reasonable. The fiduciary must distinguish “routine, non-professional services” from those that are

CRITICALCivil cases

Applies to

Bond

A personal representative with full IAEA powers must obtain a bond covering personal property and equity in real property.

If the personal representative has full IAEA powers, a bond for both personal property and the equity in real property must be obtained.

CRITICAL

Applies to

Psychologist report

The psychologist's written report must address the minor's competency, the basis for its conclusions, the likelihood of attaining competency, and recommended remediation services.

The Psychologist shall prepare a written report which will a. opine whether the minor has sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding. b. opine whether the minor has a rational and factual understanding of the proceedings against the minor. c. state the basis for these conclusions. d. give the expert’s opinion on whether the minor is likely to attain competency in the foreseeable future (assuming finding of incompetency), e. make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency.

CRITICAL

Applies to

Notice of intention to sell real property

If the property will be sold for cash only, the notice must say so.

If the property is to be sold for cash only, the notice must so state.

CRITICALCivil cases

Applies to

Application for order to deposit minor money

An application for an order to deposit money belonging to a minor must include completed Judicial Council forms MC-350, MC-351, and MC-355.

All applications filed to request an order to deposit money belonging to a minor shall be accompanied by completed Judicial Council forms MC-350, MC-351, and MC-355.

CRITICAL

Applies to

Complaint

A complaint must be submitted in writing to the Managing Attorney, who will make a record of it.

The complainant must submit the complaint in writing to the Managing Attorney, who will make a record of the complaint.

CRITICALCivil cases

Applies to

Final discharge declaration

The final-discharge declaration must state the date the ward reached majority.

The declaration must state the date on which the ward reached majority.

CRITICALCivil cases

Applies to

Court investigator record

The Court file must clearly show that a Court Investigator advised the conservatee about the effect of granting exclusive authority and the conservatee’s rights concerning the request.

It clearly appears from the Court file that a Court Investigator has advised the conservatee of the effect of granting such authority and of the conservatee's rights in regard to such request.

CRITICAL

Applies to

Complaint

A complaint about appointed minor’s counsel must be written and filed, with a copy delivered to the assigned judicial officer’s courtroom clerk.

In a family law proceeding in which the Court has appointed counsel for minor children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Judicial Officer to whom this case is assigned for all purposes.

CRITICAL

Applies to

Declaration of non resolution

If facilitation does not resolve the dispute, each party must file and serve a Declaration of Non-Resolution summarizing the remaining issues and contentions; for disputes referred after a motion is filed, the caption must identify the motion and hearing date, and the declaration is due at least five court days before the hearing.

If a discovery dispute is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve a pleading entitled “Declaration of Non- Resolution.” The Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions. If the parties entered the Program after filing a discovery motion, then the Declaration caption shall include the name of the motion and the date of the hearing, and the parties shall file and serve it no later than five (5) court days prior to the hearing.

CRITICALCivil cases

Applies to

Request for exclusive medical consent authority

Absent the conservatee’s express agreement, a request for exclusive medical-consent authority must show under Probate Code § 812 that the conservatee lacks capacity to give informed consent to any medical treatment.

The Court does not favor the granting of such exclusive authority and absent the express agreement of the conservatee will require a showing in accordance with Probate Code § 812 that the conservatee lacks the capacity to give informed consent to any medical treatment.

CRITICALCivil cases

Applies to

Petition for probate

The petition must state if a named devisee predeceased the decedent or failed to survive the designated period, and give the approximate date of death.

If a named devisee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death.

CRITICAL

Applies to

Ex parte application

Where applicable, an ex parte application must include a declaration stating that notice was given or explaining why it was not given.

Before submitting ex parte applications, parties shall comply where applicable with Family Code §§ 2045, 3060-3064, and CRC 5.151 et seq., including all requirements for a declaration setting forth that notice to the other party has been given or, alternatively, the reason notice has not been given.

CRITICAL

Applies to

Sale of tangible personal property

A sale of tangible personal property will not be approved unless the property has been inventoried and appraised.

The sale of tangible personal property will not be approved unless the property has been inventoried and appraised.

CRITICAL

Applies to

Petition for dismissal of criminal conviction

A filed petition for dismissal must be accompanied by Judicial Council form CR-181 or an Order.

When the petition is filed, Judicial Council form CR-181 or an Order, must be submitted.

CRITICALCivil cases

Applies to

Ex parte application

The application must state whether any special-notice request is in effect and, if so, identify the requesting parties and attach their waivers or proof of service.

Contain a statement re requests for special notices. The statement shall either recite that no request for special notice is in effect or shall list the parties requesting special notice and attach the specific waivers of notice by such parties or proof of service on such parties.

CRITICAL

Applies to

Petition or affidavit

A petition or affidavit must state the interest or right to be protected and the action requested on the child’s behalf.

The petition or affidavit shall set forth the nature of the interest or right to be protected and the action on the child’s behalf that is being requested.

CRITICALCivil cases

Applies to

Final discharge declaration

A separate final-discharge declaration must be submitted with the former ward's receipt and a copy of the specified final-account order.

A separate declaration for final discharge must be submitted, together with the receipt executed by the former ward and a copy of the order settling the final account and ordering delivery of the assets to the former ward.

CRITICALCivil cases

Applies to

Petition for probate

The petition must list all heirs, devisees, other persons named in the will, and any nonpetitioning executor or alternate executor named in the will.

All heirs or devisees, or other persons named in the will and each person named as executor or alternate executor who is not petitioning must be listed in the petition.

CRITICAL

Applies to

Statement

Requests for fees or costs must be supported by adequate documentation where appropriate.

Where appropriate, such requests shall be supported by adequate documentation.

CRITICAL

Applies to

Account report

The report accompanying an account must disclose actual or potential conflicts of interest or, if none are required, state that no disclosures are required under the cited Probate Code sections.

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).

CRITICAL

Applies to

Parent declaration

If assets will be delivered to a minor’s parent, the parent’s declaration complying with Probate Code § 3401 must be on file before the hearing date.

A. Delivery to Parent. Where delivery of the assets is to be made to the minor's parent, the declaration by the parent complying with the provisions of Probate Code § 3401 must be on file before the hearing date.

CRITICAL

Applies to

Bbsc statement

If child support, spousal support, or attorney’s fees are sought, attach a current Income and Expense Declaration, or a previously filed one from within three months if finances have not changed.

If child support, spousal support or attorney's fees are sought, complete and attach a current Income and Expense Declaration. 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.

CRITICALCivil cases

Applies to

Trust accounting

A trust established under the substituted judgment statutes for a conservatee must provide 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

Receipt and agreement of depository

The Probate Code-required depository receipt and agreement must be filed before Letters issue.

The receipt and agreement of depository required by the Probate Code must be filed prior to the issuance of Letters.

CRITICALCivil cases

Applies to

Petition

For accounts or investments, a financial-institution statement identifying the account number and decedent's name must be provided.

For accounts or investments, a statement by the financial institution identifying the account number and decedent’s name shall be provided.

CRITICALCriminal cases

Applies to

Probation modification request

A modification request is timely only if made on or before the court order’s due date; an untimely request requires both Local Forms CR084 and CR085.

Any request for modification that is not made timely, meaning on or before the due date of the court order. In this instance, defendants shall complete both the Request to Modify Judicial Orders – Clerk’s Review (CR084) and the Request to Modify Judicial Orders – Judicial Review (CR085).

CRITICALCivil cases

Applies to

Distribution agreement

An agreement for distribution different from the Will or intestate succession must be written, signed and acknowledged by all affected parties, and filed in the probate proceeding.

If the distributees agree to distribution in a manner other than that provided by the Will or by the laws of intestate succession, such agreement must be in writing, signed and acknowledged by all parties affected by the distribution, and filed in the probate proceeding.

CRITICAL

Applies to

BBSC statement

The statement’s introductory paragraph must summarize the specified marriage, child, party, lifestyle, order, and special-needs information.

The statement shall contain an introductory paragraph setting forth in summary form the date of the marriage, the date of separation, length of marriage, the names, ages, and birth dates of any minor children. The introductory paragraph shall also set forth the parties’ ages and health, education, business or professional experience, current occupation, a general statement concerning the marital standard of living, and any pendente lite or temporary orders. If there are any special health or other needs of either party or the minor children, those needs shall also be discussed in this paragraph.

CRITICALCivil cases

Applies to

Guardianship information form

The proposed guardian must file local form PR007 with a petition for guardianship of the person; the form becomes part of the confidential court file.

The Court requires that a Guardianship Information Form (local form PR007) in support of the petition for guardianship of the person be filed with the petition by the proposed guardian. The Guardianship Information Form will become part of the confidential court file.

CRITICAL

Applies to

Ex parte application

The ex parte applicant must inform the judge that notice was given, either on form JV-180 or by declaration.

The party requesting ex parte orders must inform the judge that notice has been given either on the application form (JV-180) or by declaration.

CRITICALCivil cases

Applies to

Compensation request

A trustee or attorney compensation request must be supported by a declaration addressing the cited criteria; the petitioner must show the fee is reasonable, and timesheets alone are insufficient.

All requests for compensation for trustees and their attorneys shall be supported by a declaration that addresses the criteria set forth in Estate of Nazro (1971) 15 Cal.App.3d 218 [93 Cal.Rptr. 116] and CRC 7.776. Each request will be considered on its individual merits. The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this.

CRITICALCivil cases

Applies to

Petition for exclusive listing

An exclusive-listing authorization petition may be considered ex parte only after authority to sell has been obtained through a noticed petition.

A petition for authorization to grant an exclusive listing will be considered ex parte, but only after prior authority to sell has been obtained on a noticed petition.

CRITICAL

Applies to

Conservatorship appointment

The conservatorship appointment materials include a Confidential Conservator Screening, Judicial Council Form GC-314.

Confidential Conservator Screening (Judicial Council Form GC-314).

CRITICAL

Applies to

Judgment

If either party receives public assistance, a DCSS attorney's signature consenting to the child-support provision must be affixed to the judgment.

If either party is receiving public assistance, the signature of an attorney in the DCSS consenting to the child support provision must be affixed to the judgment.

CRITICAL

Applies to

Bbsc statement

When applicable, the statement must report public-assistance status, amount, and duration and include the required county-assignment and DCSS-notification wording.

If applicable, set forth that the family is receiving public assistance, the amount, and how long public assistance has been paid for the family. If public assistance is being received, the statement must also provide that "the children are recipients of public assistance from ______ County and that county is the assignee of all rights to support herein. The DCSS of _____ County has been notified of the time and date of this conference."

CRITICAL

Applies to

Referral

Referrals must be in writing and forwarded to the Court Executive Officer immediately.

All referrals shall be in writing and forwarded to the Court Executive Officer immediately.

CRITICAL

Applies to

Account

Probate, guardianship, conservatorship, and trust accounts must conform to the provisions of the Probate Code.

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code.

CRITICAL

Applies to

Bbsc statement

For each asset covered by the preceding separate-property provision, the BBSC Statement must state its value, encumbrances, and title history.

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

Extraordinary compensation request

A request for extraordinary attorneys' compensation must describe the work, hours, requested average hourly rate and total, and related 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

Settlement conference statement

The settlement conference statement’s face sheet must state 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

Order to show cause or request for order

The moving party must attach the Notice to Parties in Family Law Matters (FL008) to any Order to Show Cause or Request for Order.

The moving party in any family law matter shall attach to any Order to Show Cause or Request for Order the Notice to Parties in Family Law Matters, a Local Form (FL008) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin, concerning the availability of tentative rulings by email.

CRITICAL

Applies to

BBSC statement

If child support, spousal support, or attorney’s fees are sought, the party must complete and attach a current Income and Expense Declaration.

If child support, spousal support or attorney's fees are sought, complete and attach a current Income and Expense Declaration.

CRITICAL

Applies to

Petition

When a bond decrease is sought because distribution has been made, copies of receipts documenting the distribution must be presented with the petition.

Where a decrease in bond is sought because distribution has been made, copies of receipts evidencing the distribution shall be presented with the petition.

CRITICAL

Applies to

Application for order for posting

A petitioner seeking an order for posting must submit a blank Form FL-985 for the Court Clerk to complete.

If Petitioner seeks an order for Posting, the petitioner must also submit a blank Proof of Service by Posting (Judicial Council Form FL-985) which will be completed by the Court Clerk who posts the documents.

CRITICALCivil cases

Applies to

Statement of issues

A Statement of Issues must report the required meet-and-confer, identify substantial issues with supporting evidence or authority, state each party’s view of settlement barriers, and estimate the time needed for the hearing or resolution.

Each Statement of Issues must: a. indicate that the party or their respective attorney has met face-to-face or, if that is not possible, have participated in a telephone conference to discuss the issues in dispute; b. identify the substantial issues in the controversy, with references to any supporting evidence and/or legal authority; c. include each party’s opinion of any barriers to settlement; and d. provide an estimate of the time requirement for the hearing or resolution.

CRITICAL

Applies to

Misdemeanor trial submissions

Misdemeanor trial submissions must include motions in limine, witness lists with testimony summaries, fully drafted jury instructions, and proposed verdict forms.

Motions in Limine, proposed witness lists that include a short summary of each proposed witness’s testimony, proposed fully drafted jury instructions, and proposed verdict forms shall be filed on a date to be set by the presiding Judicial Officer of Department M at the time the case is set for trial.

CRITICAL

Applies to

Case progress conference questionnaire

Each party must file a Case Progress Conference Questionnaire at least five court days before every Case Progress Conference.

Each party must file and serve a Case Progress Conference Questionnaire at least five (5) court days prior to each Case Progress Conference.

CRITICAL

Applies to

Ex parte application

A party seeking an ex parte order must complete and file Judicial Council form FL-303.

A party seeking an ex parte order shall, complete and file Judicial Council form FL-303, which is available at Legal Self Help Center or online at Legal Self-Help Center | Superior Court of California | County of Marin