Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Stipulation to set aside default

Must include

proposed order

A party seeking to set aside a default by stipulation must submit the stipulation with a proposed order.

Parties may seek to set aside a default by a stipulation submitted with a proposed order.

CRITICAL

Applies to

Resignation of conservator

A conservator seeking to resign must formally propose a competent successor and file a final accounting for Court approval.

Conservators who wish to resign must formally propose a competent successor and file a final accounting, subject to Court approval.

CRITICALCivil cases

Applies to

Petition

A petition for compensation must include a declaration stating the nature and hours of work performed.

A declaration as to the nature and hours of work performed must be included with any petition for compensation.

CRITICALCivil cases

Applies to

Address or phone number change

Changes to a conservator's or attorney's address or phone number must be promptly filed with the Court.

Any changes to the address or phone number of the conservator or attorney must be promptly filed with the Court.

CRITICAL

Applies to

Court notification

When child’s counsel learns of a right or interest requiring protection in another forum, counsel must notify the Court as soon as reasonably possible in the manner described above.

If counsel for the child becomes aware that the child may have a right or interest that needs to be protected or pursued in another judicial or administrative forum, counsel for the child shall notify the Court in the manner indicated above as soon as it is reasonably possible to do so.

CRITICAL

Applies to

Petition

A post-January 1, 1985 transmutation of title to real or personal property requires an express written declaration made, joined in, consented to, or accepted by the adversely affected spouse.

For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected.

CRITICAL

Applies to

Notice of manual filing

A party manually filing an excused document or exhibit must electronically file and serve a notice describing it and explaining why electronic filing is not possible.

A party manually filing such a document or exhibit must file electronically and serve a Notice of Manual Filing describing the document or exhibit and stating the reason the party cannot electronically file the document or exhibit.

CRITICAL

Applies to

Income and expense declaration

The declaration must identify each income-producing household member and disclose their relationship, gross and net income, household-expense contributions, and financial arrangements with the party.

The identity of each income producing household member, the relationship of each to the party, gross and net income, contributions to household expenses, and financial arrangements, if any, between each household member and the party.

CRITICALCivil cases

Applies to

Petition

A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated.

A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated.

CRITICAL

Applies to

Spousal support provision

Spousal support provisions must state beginning, ending, and due dates.

Spousal support provisions must state beginning, ending and due dates.

CRITICAL

Applies to

Supporting declaration

The supporting declaration must identify the title, date, page(s), and line(s) of the underlying court order.

The title, date, page(s) and line(s) of the court order upon which the request to appoint an Elisor is based.

CRITICALCivil cases

Applies to

Petition

A petition for substituted judgment must comply with Probate Code § 2583.

The petition must comply with the requirements of Probate Code § 2583.

CRITICALCivil cases

Applies to

Petition

A petition seeking special powers or orders must specify each request and support it with factual allegations.

If special powers or other special orders are sought, they must be specified in the petition and supported by factual allegations.

CRITICAL

Applies to

Income and expense declaration

Each party must file a current completed Income and Expense Declaration with their moving or responsive papers in proceedings involving the specified 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

Financial disclosures

Both parties must comply with the financial disclosure provisions of Family Code § 2100 et seq.

Specifically, both parties must comply with the financial disclosure provisions of Family Code § 2100 et seq.

CRITICAL

Applies to

Declaration

The declaration filed before the case management conference must describe the status of the arbitration.

If a dismissal has not been filed, plaintiff's or cross- complainant’s counsel shall file a declaration five (5) court days prior to the case management conference. The declaration shall describe the status of the arbitration.

CRITICAL

Applies to

Settlement conference statement

Where applicable, settlement conference statements must comply with CRC 3.1380(c) and include a case summary, specified disputed facts and supporting authorities, and the date of the last face-to-face settlement discussion.

The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. A brief statement of the case; 2. A statement of facts including: (a) factual and legal contentions in dispute; and (b) citations of authorities which support legal propositions; 3. The date when the last face-to-face settlement discussion was held.

CRITICAL

Applies to

Competency trial record

The Court must state on the record, orally or in writing, its competency determination and the evidence and reasons supporting it.

The Court must expressly state on the record, either orally or in writing, its determination whether the minor is competent or incompetent to stand trial, as well as the evidence considered and the reasons in support of its finding. (California Rules of Court 4.130(e)(4)(B)).

CRITICAL

Applies to

Petition

If estate-planning documents do not specifically identify the assets, the petition must substantiate the decedent’s ownership with a deed for real property or a financial-institution statement identifying the account number and decedent’s name for accounts or investments.

If the assets to be transferred to the trust are not specifically identified in the estate planning documents, then the petition shall provide substantiation that the property was owned by the decedent. For transfer of real property, the deed showing ownership by the decedent must be provided. For accounts or investments, a statement by the financial institution identifying the account number and decedent’s name shall be provided.

CRITICALCivil cases

Applies to

Petition for final distribution

If there is no tax clause directing the payment source, the petition must state the amounts to be prorated or charged.

If there is no tax clause or there is a tax clause which does not direct the source of payment, the amounts required to be prorated or charged must be stated.

CRITICAL

Applies to

Assignment

The Probate Court will distribute directly to an heir’s or devisee’s assignee only if a duly acknowledged assignment is on file.

B. Assignments. The Probate Court will distribute directly to the assignee of an heir or devisee only when a duly acknowledged assignment is on file.

CRITICAL

Applies to

Spousal property petition

When filed with a petition for probate of a will or for Letters, a spousal property petition must be filed separately.

If a spousal property petition is filed with a petition for probate of will or for Letters, the spousal property petition must be filed as a separate petition. (CRC 7.301)

CRITICAL

Applies to

Factual declaration

For a default judgment requesting supervised or denied visitation, submit a factual declaration under penalty of perjury with the judgment unless the parties submit a custody and visitation agreement.

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:

CRITICAL

Applies to

Factual declaration

A declaration supporting denial of visitation must state the reasons, the date of the last visitation, and whether the defaulting party's whereabouts are unknown or, if known, the party's address.

1. Where a party is seeking to deny visitation between a child and the defaulting party: The specific reasons visitation should be denied; the date upon which the last visitation between the child and the defaulting party occurred; and a statement either that the whereabouts of the defaulting party is unknown, or, if known, the defaulting party’s address.

CRITICALCivil cases

Applies to

Depository receipt

The receipt must state that the funds may be withdrawn only by Court order.

The receipt must acknowledge that the funds may be withdrawn only on Court order.

CRITICAL

Applies to

Offer returned for confirmation

An offer accepted and returned to the court for confirmation must conform to the sale terms in the notice.

Any offer accepted and returned to Court for confirmation must conform to the terms of sale contained in the notice.

CRITICAL

Applies to

Default judgment

Both parties must comply with the financial disclosure provisions of Family Code § 2100 et seq.

Specifically, both parties must comply with the financial disclosure provisions of Family Code § 2100 et seq.

CRITICAL

Applies to

Petition to sell securities

A petition to sell securities must state a minimum sale price, supported by a recent market quotation or, when none is available or the securities are closely held, the basis for the price.

The petition for authority to sell securities must set forth a minimum sales price as to all securities except those listed on an established exchange. The minimum price must be a recent market quotation from the New York Stock Exchange, American Exchange or an over-the-counter market. If there is no recent market quotation available or the securities are "closely held," the petition must set forth the basis for fixing the minimum sales price.

CRITICALCivil cases

Applies to

Order

The order must specify the place where placement is authorized.

The order shall specify the specific place where the placement is authorized.

CRITICALCivil cases

Applies to

Fee request

A professional fiduciary must disclose whether the fee request includes travel time.

Professional fiduciaries must disclose whether their fee request includes travel time.

CRITICALCriminal cases

Applies to

Request to elevate infraction charge to misdemeanor

The written Form TR027 request to elevate an infraction charge to a misdemeanor must be completed before the courtesy-notice due date.

10. 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

Trustee first account

A testamentary trustee's first-account starting balance must conform to the trustee's receipts filed when the decedent's probate 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.

CRITICAL

Applies to

Report concerning sale of residence

The report concerning the residence sale must include the conservatee’s responses.

The report shall include the responses of the conservatee.

CRITICALCivil cases

Applies to

Ex parte application

An application for an ex parte order must be verified and supported by sufficient evidentiary facts, not merely conclusions or ultimate facts, with a foundation for the petitioner’s personal knowledge.

An application for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation should be shown for the petitioner’s personal knowledge.

CRITICAL

Applies to

Petition for final distribution

The petition for final distribution must address the source of any federal and California estate tax payments and state the amounts to be prorated or charged when the will does not specify the payment source.

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. If the Will has a clause directing the payment of the taxes out of the residue of the estate, this should be alleged. If there is no tax clause or there is a tax clause which does not direct the source of payment, the amounts required to be prorated or charged must be stated.

CRITICAL

Applies to

Proposed order

The original documents presented for signing must be identical to the copies attached to the proposed order.

The original documents presented to the Elisor for signing must be identical to the copies of the documents attached to the proposed order.

CRITICAL

Applies to

Criminal installment payment plan agreement

A defendant entering an installment plan must sign Local Form CR082 and agree to the monthly payment terms and stated consequences of nonpayment.

Once an installment payment plan has been determined, the defendant shall sign an Agreement to Set Up Payment Plan – Criminal Case (Local Form CR082). The defendant shall agree to make at least the minimum monthly installment payments by the due date each month and shall acknowledge that failure to do so may result in automatic imposition of up to a $100.00 civil assessment and referral of the outstanding balance to the Court’s Enhanced Court Collections Program.

CRITICAL

Applies to

Petition to revoke exclusive authority

If the conservatee regains sufficient capacity, the conservator must promptly petition to revoke the prior order granting exclusive medical-consent authority.

If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition pursuant to the Probate Code to revoke any previous order granting the conservator exclusive authority to consent to medical treatment.

CRITICAL

Applies to

Ex parte application

An ex parte application must be accompanied by a declaration regarding emergency.

b. Declaration regarding emergency.

CRITICALCivil cases

If a trustee will pay net probate income to trust beneficiaries despite waiving an accounting, the net probate income must be specified.

Even though there is a waiver of accounting by the trustee, if the net probate income is to be paid over by the trustee to trust beneficiaries, the net probate income must be specified.

CRITICALCriminal cases

Applies to

Petition to seal arrest and related records

A petition to seal arrest and related records may use form CR-409, and form CR-410 or an order must be submitted when the petition is filed.

A petition to Seal Arrest and Related Records (Penal Code § 851.92) may be submitted on or in conjunction with form CR-409. When the petition is filed, Judicial Council form CR-410 or an Order must be submitted.

CRITICALCivil cases

Applies to

Petition to waive probate referee

The petition must state the source of the values included in the inventory and appraisal.

The petition shall state the source of the values included in the inventory and appraisal.

CRITICALCivil cases

Applies to

Advice of proposed action

Original advice-of-proposed-action documents and attached declarations of mailing must be available, but do not need to be filed with the court.

The originals of the advice of proposed action with attached declarations of mailing must be available but need not be filed with the Court.

CRITICAL

Applies to

Factual declaration

The declaration must also state the separation date, the child’s primary caretaker during the last six months, and the extent of contact with the non-caretaker parent during that period.

Other information. The date upon which the parties separated, the identity of the primary caretaker of the child(ren) during the last six months and the extent of contact between the child and the non-caretaker parent during that time.

CRITICAL

Applies to

Discovery motion

All discovery motions must be clearly labeled as discovery motions in the pleading’s caption.

B. Discovery Motions. All discovery motions shall be clearly labeled as such in the caption of the pleading.

CRITICAL

Applies to

Account

An account must state its covered period, and a personal representative's account must begin on the decedent's date of death.

The account must state the period covered by the account. A personal representative's account must begin with the date of death of the decedent.

CRITICAL

Applies to

Request 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.

CRITICAL

Applies to

Supplemental financial documentation

A self-employed party must provide the business’s most recent annual profit-and-loss statement or financial statement and a current-year-to-date profit-and-loss statement or financial statement.

A self-employed party shall provide their most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business.

CRITICAL

Applies to

Community service work request

A defendant requesting community service work must complete Local Form CR080.

A defendant who requests CSW shall complete a Financial Qualification for Community Service Work (Local Form CR080).

CRITICAL

Applies to

Petition

The minor’s attorney must petition the court to obtain a review of the minor’s current competency.

The minor is presumed to be competent. The minor’s attorney would have to petition the court for a review of the minor’s current competency.