Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

BBSC statement

The statement must be titled “Bench/Bar Settlement Conference Statement.”

The Statement shall be entitled "Bench/Bar Settlement Conference Statement."

CRITICAL

Applies to

Petition for final distribution

A petition seeking a non-pro-rata distribution must show the computation supporting it, and consents of interested beneficiaries must be filed.

When the petition seeks a non-pro rata distribution, it must show the computation on which the proposed distribution is based. Consents of interested beneficiaries must be filed.

CRITICAL

Applies to

Petition for probate

The petition must state if a named devisee predeceased the decedent or failed to survive the designated period and provide 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

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 proposed conservatee 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.

CRITICALCivil cases

Applies to

Investigative report

For a non-relative petitioner, the Department of Social Services will investigate and report to the Court before the hearing.

In all cases where a non-relative petitions to be appointed guardian, the Department of Social Services will perform an investigation and make a report to the Court prior to the hearing date.

CRITICAL

Applies to

Amended petition

Wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition.

Any other wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition

CRITICAL

Applies to

Petition for appointment of successor conservator

A petition to appoint a successor conservator must include a completed Confidential Supplemental Information Form.

Petitions for appointment of successor conservators must be accompanied by a completed Confidential Supplemental Information Form.

CRITICAL

Applies to

Statement

A party planning to use a forensic expert at the BBSC must identify the expert's contact information and the issues for consultation in the Statement.

Any party planning to use a forensic expert of any type either in person, by telephone or otherwise at the BBSC, shall include in the Statement the name, address and telephone number of the forensic expert and identify the issues on which the expert will be consulted.

CRITICAL

Applies to

Judgment

The child-support order must provide for a wage assignment or an alternative authorized by law.

A wage assignment must be ordered or an alternative authorized by law provided.

CRITICAL

Applies to

Declaration regarding notice

The notice declaration must identify persons entitled to notice and explain either the notice provided 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.

CRITICAL

Applies to

Inventory and appraisal

An inventory and appraisal covering the property to be distributed must be on file for a preliminary distribution.

An inventory and appraisal which includes the property to be distributed must be on file.

CRITICAL

Applies to

Judgment

In a default judgment requesting supervised or denied visitation, a factual declaration under penalty of perjury must accompany the judgment unless a custody-and-visitation agreement is submitted.

Where the judgment is taken by default, and either supervised visitation or denial of visitation is requested, unless a written agreement of the parties concerning custody and visitation is submitted with the judgment, a factual declaration under penalty of perjury shall be submitted with the judgment which shall include the following:

CRITICALCivil cases

Applies to

Translation

Each translation must include a declaration stating the translator’s qualifications or credentials.

All translations must be accompanied by a declaration setting forth the translator’s qualifications and/or credentials.

CRITICAL

Applies to

Stipulated motion

Must include

proposed order

A contested-matter stipulated continuance motion must be accompanied by a proposed order signed by all parties who have appeared.

By a stipulated motion and proposed order signed by all parties who have appeared in the matter.

CRITICALCivil cases

Applies to

Return of sale

A commission on the original bid is allowed only if requested in the return of sale.

A commission will be allowed on the original bid only when the commission is requested in the return of sale.

CRITICAL

Applies to

Order shortening time request

A request to shorten time for a hearing or service must include a supporting declaration stating whether the responding party was contacted and agreed to the proposed date and time.

If an order shortening time for the hearing and/or service is requested, the supporting declaration shall state whether the responding party has been contacted and has agreed to the date and time proposed for the hearing and/or service.

CRITICALCivil cases

Applies to

Bond increase application

If assets coming into or passing through the fiduciary’s hands require an increased bond, the fiduciary must provide the information needed for the Court to determine the increase.

Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the Court to determine the amount of the increase.

CRITICAL

Applies to

Petition

A document supporting a community or quasi-community property claim must be attached with signatures when feasible, but only relevant portions of a lengthy document need be attached.

If the community or quasi-community property claim is based on any document, a copy of the document showing signatures, when feasible, must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached.

CRITICAL

Applies to

Domestic violence restraining order application

Applicants must submit the listed forms; additional forms may be needed for children or a request to transfer a wireless telephone account.

An applicant for a domestic violence restraining order must submit a Request for Domestic Violence Restraining Order (DV-100), Temporary Restraining Order (DV-110), Notice of Court Hearing (DV-109), Confidential Information for Law Enforcement (CLETS-001), and Restraining Order After Hearing (DV-130) and (if counsel) file it electronically or (if a self-represented litigant who does not wish to file electronically) give it to the clerk in room 113 before 10:30 a.m., Monday through Friday. (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.)

CRITICAL

Applies to

Deposition notice

Bifurcated depositions are permitted in the described circumstances, and a party electing to conduct one must conspicuously state the election and clearly specify the issues in the deposition notice.

A. Policy Regarding One Deposition Rule. The Court construes the one deposition rule of Code of Civil Procedure § 2025.610 as permitting the taking of a bifurcated deposition. For example, a party may be required to appear for a deposition concerning the limited issues raised by an application for temporary relief and thereafter to submit to further deposition on other issues. Where issues in a particular case have been ordered bifurcated, the deposition of a party also may be bifurcated and separate depositions taken which are limited to those issues to be addressed in each stage of the bifurcated proceeding. Parties electing to conduct a bifurcated deposition under this rule shall, in the deposition notice, conspicuously state such election and clearly specify the issue(s) to be addressed at the bifurcated deposition.

CRITICALCivil cases

Applies to

Final account

The final account must show the computation of the amounts to be prorated or charged for taxes.

The final account must show the computation

CRITICALCivil cases

Applies to

Account

An account involving a posted bond must include allegations stating the total bond posted, the specified property value and estimated income, 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.

CRITICAL

Applies to

Order to show cause or request for order

The moving party in a family law matter must attach Local Form FL008, the Notice to Parties in Family Law Matters, to an 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

Judgment

The judgment must include a health-insurance provision pursuant to Family Code sections 3750–3753.

The judgment shall contain a provision for health insurance pursuant to Family Code §§ 3750-3753.

CRITICAL

Applies to

Restraining order termination or modification request

Must include

proposed order

Before the restraining order expires, an applicant seeking termination or modification must submit DV-300, DV-310, a proposed DV-330, a proposed amended DV-130, and any attachments.

If the applicant seeks a termination or a modification of an existing restraining order or orders under an existing restraining order, prior to the expiration date on the restraining order the applicant shall submit a Request to Change or End Restraining Order (DV-300), Notice of Court Hearing and Temporary Order to Change or End a Restraining Order (DV-310), and a proposed Order on Request to Change or End Restraining Order (DV-330) and a proposed amended Restraining Order After Hearing (DV-130) and any attachments.

CRITICAL

Applies to

Request to elevate infraction charge to misdemeanor form TR027

To seek refiling of eligible infraction charges as misdemeanors, the defendant must complete written Form TR027 before the courtesy-notice due date.

Before the due date on the courtesy notice and upon completion of written Request to Elevate Infraction Charge to Misdemeanor (Form TR027), re-file infraction charges as misdemeanors and set matters on calendar for arraignment [e.g. Business & Professions Code § 25662; Penal Code § 555; Vehicle Code §§ 12500(a), 23109(a), (b) and (c), 14601.1(a), pursuant to Penal Code § 17(d)].

CRITICAL

Applies to

Petition for disclosure of juvenile case file

The petition must specifically identify the materials sought and their relevance and be supported by a declaration of counsel and/or the petitioner, plus a memorandum if necessary.

The Petition shall set forth with specificity the materials and information sought and the relevance of the materials to the underlying action and any related action. The Petition shall be supported by a declaration of counsel and /or a Petitioner, and if necessary, a memorandum of points and authorities.

CRITICAL

Applies to

Ex parte petition for final discharge and order

An ex parte petition for final discharge and its order must include the judgment for final distribution and a receipt or other satisfactory evidence from each distributee.

An Ex Parte Petition for Final Discharge and Order shall include a copy of the Judgment for Final Distribution and a receipt or other satisfactory evidence from each distributee.

CRITICAL

Applies to

General plan

A General Plan for the conservatee must be filed within 60 days after the conservator is appointed.

A General Plan for the care, custody and control of the conservatee must be filed within sixty (60) days of appointment of a conservator.

CRITICAL

Applies to

Income and expense declaration

If annual income fluctuates, the declaration must provide at least a two-year income history and describe how monthly income was calculated.

If annual income fluctuates, an income history of not less than 2 years, and description of the method used to calculate monthly income.

CRITICAL

Applies to

Petition for probate

If second-generation heirs are listed, the petition must name their deceased ancestor and state that ancestor’s relationship to the decedent.

When second generation heirs are listed, the deceased ancestor through whom they take shall be named, along with the ancestor's relationship to decedent.

CRITICALCivil cases

Applies to

Spousal property petition

The petition must explain with particularity how property acquired by gift, devise, descent, survivorship, or similar means was converted to community property.

If any property is claimed to be community but was acquired by gift, devise, descent, joint tenancy survivorship, or similar means, the petition must state with particularity the way in which the property was converted to community property.

CRITICAL

Applies to

Bbsc statement

If a child receives public assistance and the County is the support assignee, the statement must show that DCSS received notice of the BBSC and copies of pertinent current financial documents.

If any child is a recipient of public assistance, and the County is the assignee of the support, the statement shall show that the DCSS has been notified of the time and date of the BBSC and provided copies of all pertinent, current financial documents (i.e., Income and Expense Declaration, Support Calculations, etc.).

CRITICAL

Applies to

Conservatorship sale

All conservatorship sales are subject to Court confirmation, notwithstanding contrary Probate Code provisions.

All conservatorship sales will be subject to Court confirmation notwithstanding Probate Code provisions to the contrary.

CRITICALCivil cases

Applies to

Petition

The petition must state jurisdictional facts, payment amounts and payors, requested fees and cost reimbursement, requested relief, and why the relief serves the minor's interests.

A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement of the reasons that the requested relief will best serve the interests of the minor.

CRITICALCivil cases

Applies to

Petition

If an heir takes by right of representation, the petition must state the heir’s parentage and the approximate date of the parent’s death.

If an heir takes by right of representation, the Petition must indicate their parentage, and the approximate date of the parent's death.

CRITICAL

Applies to

Deposition transcript

Submitted deposition testimony must be preceded by the transcript title page identifying the deponent and deposition date, and must include only relevant transcript pages.

Deposition testimony must be preceded by the title page of the transcript indicating the name of the deponent and the date of deposition; only relevant pages of the transcript shall be included.

CRITICAL

Applies to

Pleading

A party requesting a conformed copy must submit an additional copy.

If a conformed copy is desired, an additional copy must be submitted.

CRITICAL

Applies to

Proposed order

When a future accounting is required, the last paragraph of the proposed order approving an intermediate accounting must contain the specified future-filing 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 __________.”

CRITICAL

Applies to

Counsel for child appointment

Appointed counsel for a child must complete and submit Form FL-322 within ten days of appointment and before beginning work.

Appointment of counsel for a child will be in compliance with Family Code § 3150 and CRC 5.242; any such attorney is required to complete Judicial Council Form FL-322 and submit it to the Court within ten (10) days after being appointed and before the commencement of work on the case.

CRITICALCivil cases

Applies to

Petition for final distribution

The final-distribution petition must address the source of payment of any federal and California estate taxes.

The petition for final distribution must address the question of the source of the payment of the federal estate tax and California estate tax, if any.

CRITICAL

Applies to

Petition for distribution

If an heir takes by right of representation, the petition must state the heir’s parentage and the approximate date of the parent’s death.

If an heir takes by right of representation, the Petition must indicate their parentage, and the approximate date of the parent's death.

CRITICAL

Applies to

Community service work agreement

The CSW agreement must state the fine conversion calculation, completion due date, and consequences of failing to complete the work on time.

An Agreement to Perform Community Service Work (Local Form CR083) that will include the defendant’s fine conversion calculation as well as an acknowledgement of the due date for completion of the CSW. The Agreement will also make clear that failure to complete CSW by the due date will result in automatic conversion of the CSW hours back to fine, plus the imposition of up to a $100.00 civil assessment and referral of the outstanding balance to the Court’s Enhanced Collections Program.

CRITICAL

Applies to

Statement

The statement must include a specific and 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.

CRITICALCivil cases

Applies to

Bond

The Court will require a bond in circumstances other than those listed as exceptions.

In all other circumstances, except for those set forth above, the Court will require a bond.

CRITICALCivil cases

Applies to

Declaration

Each testamentary instrument offered for probate must be proved by a separate declaration.

Where more than one testamentary instrument is offered for probate, each instrument must be proved by a separate declaration.

CRITICALCivil cases

Applies to

Parent declaration

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

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

The BBSC Statement must include calculations showing guideline child support.

Include calculations showing guideline child support.

CRITICAL

Applies to

Attorney compensation request

Attorney compensation requests must include a declaration under penalty of perjury stating the average hourly rate, results accomplished, and benefit to the estate.

Attorneys' compensation is allowed according to the work actually performed and must be supported by a declaration under penalty of perjury. The declaration must include the average hourly rate, results accomplished, and benefit to the estate.

CRITICALCivil cases

Applies to

Testamentary trustee first account

The starting balance in a testamentary trustee's first account must match the trustee's receipts filed when the probate estate assets were distributed.

The starting balance of a testamentary trustee's first account must conform to the trustee's receipt(s) filed on distribution of the assets of the decedent's probate estate.