Marin Superior Court Document Filing Requirements

CRITICAL

Applies to

Petition for fee deferral

A conservator seeking deferral of the fees must file a deferral petition on Judicial Council Form FW-001 and serve it on the investigator.

If the conservator believes these fees should be deferred, the conservator shall file a petition (Judicial Council Form FW-001) requesting deferral of fees and serve a copy of the petition on the investigator.

CRITICAL

Applies to

Petition

When the stated living-parent condition applies, prior Court approval is required before guardianship assets are used for the minor’s support, maintenance, or education, and the petition must explain the parents’ financial inability or other justification; it may be included in the appointment petition.

In guardianship cases, if a minor has a living parent who receives or is entitled to support for the minor from another source, prior Court approval must be obtained before using guardianship assets for the minor's support, maintenance, or education. The petition must set forth the parents' financial inability or other circumstances which would justify use of the guardianship assets. Such petition may be included in a petition for the appointment of a guardian.

CRITICAL

Applies to

Bench bar settlement conference statement

The statement must list each separate-property item, its acquisition date, and the basis for claiming it is separate; the excerpt begins an additional requirement for mixed assets but cuts off.

2. Separate Property. List each item of separate property, the date it was acquired, the basis upon which it is claimed to be separate property and, if a mixed asset,

CRITICALCivil cases

Applies to

Physician declaration

A physician’s declaration on the Judicial Council Form must support the requested exclusive medical-consent authority, state the factual basis and extent of the physician’s examination and investigation, and comply with Probate Code § 812.

A physician's declaration on the Judicial Council Form is filed stating a medical opinion that the proposed conservatee lacks the capacity to give informed consent to any medical treatment and that the proposed conservator should be granted the exclusive authority to give such consent and to consent over the objection of the proposed conservatee. Such declaration must state the factual basis for the opinion and the nature and extent of the physician's examination and investigation. Such declaration must also conform to the requirements of Probate Code § 812.

CRITICALCivil cases

Applies to

Settlement conference statement

Settlement conference statements must state the date and time of both the settlement conference and trial on the face sheet.

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

CRITICAL

Applies to

Petition to establish fact of death

For affected personal property, the petition must state with particularity the property's location and description and the decedent's interest in it.

If personal property is affected, the location and description of the property and the decedent's interest therein must be set forth with particularity.

CRITICALCivil cases

Applies to

Facilitator rejection

When the parties cannot agree on a facilitator, each side’s written rejection must identify no more than one name from the list of potential facilitators.

If the parties cannot agree on a Facilitator, then within the ten (10) calendar day period, each side shall submit to the ADR Coordinator a written rejection identifying no more than one name on the list of potential Facilitators that it does not accept.

CRITICALCivil cases

Applies to

Fee request

If the requested hourly rate is based on employment and similar experience, the conservator or guardian must explain whether the duties required time away from work or how their skills benefited the conservatee.

If the hourly rate is based on their employment and similar experience, they must clarify whether their duties required them to take time away from work or how their skills benefited the conservatee.

CRITICAL

Applies to

Continuance request

The party requesting a continuance must send a Stipulation and Order to the Clerk and copy the opposing party.

A Stipulation and Order must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party.

CRITICAL

Applies to

Financial qualification for community service work form TR024

A request to perform community service work in lieu of bail must be made in writing on Form TR024 and signed under penalty of perjury.

Upon approval of defendant’s written request on Financial Qualification for Community Service Work (Form TR024), signed under penalty of perjury, approve requests to perform community service work in lieu of paying bail at the prevailing fine conversion rate for each hour worked at a non-profit organization, as defined by Internal Revenue Code § 501(c)(3), found on the Court’s approved list of such agencies.

CRITICAL

Applies to

Ability to pay request

Defendants unable to pay may request the listed relief by submitting an Ability of Pay petition through the court’s website or Form TR-320.

Defendants who are unable to pay their fine may request a fine reduction, payment plan, extension of time to pay, or community service in lieu of fine payment by submitting an Ability of Pay petition using the court’s website: Ability To Pay (ca.gov), or submitting the Can’t Afford to Pay Fine: Traffic and Other Infractions (Form TR-320)

CRITICAL

Applies to

Petition for final discharge

The petition for final discharge must account for all reserve funds, and vouchers for distributions must be filed if the Court requests them, unless the account is waived.

The petition for final discharge must show the disposition of all amounts held in reserve and vouchers, if requested by the Court, must be filed for any distribution unless account is waived.

CRITICAL

Applies to

Paralegal fee request

Fees for paralegal time must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450.

Fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450.

CRITICALCivil cases

Applies to

Petition to decrease bond

A petition seeking a bond decrease because distribution has been made must be accompanied by copies of receipts evidencing the distribution.

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

Supporting declaration

Supporting declarations for an Elisor appointment must identify the basis order, describe good-faith meet-and-confer efforts, and state specific facts establishing the necessity for the appointment.

The supporting declaration(s) must include all of the following: 1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an Elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an Elisor, including the reason, by a person with personal knowledge, why each document requires the Elisor's signature.

CRITICAL

Applies to

Private child custody evaluator appointment

Appointment of a private child custody evaluator must comply with CRC 5.225 and use Judicial Council Form FL-327.

Appointment of a private child custody evaluator shall be in compliance with CRC 5.225 on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-326 to the Court Executive Officer within ten (10) days of his/her appointment, as required by CRC 5.225(1)(a)(B).

CRITICAL

Applies to

Probate claim

All claims in probate proceedings must conform to Probate Code § 9000 et seq.

All claims in probate proceedings must conform to the provisions of Probate Code § 9000 et seq.

CRITICAL

Applies to

Decree

The decree should name the minor or conservatee as the distributee, 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

Statement

Each party must state their position on requests for attorney, accountant, and other expert fees and court costs.

Each party shall include in their statement their position regarding requests for attorney's and accountant's fees, other expert fees, and court costs.

CRITICAL

Applies to

Ex parte application

An applicant seeking to enforce or modify a prior order must attach a conformed copy of that order to the application.

and attach to the application a conformed copy of any prior order(s) which the applicant seeks to enforce or modify

CRITICALCriminal cases

Applies to

Criminal conviction dismissal petition

A criminal-conviction dismissal petition may use form CR-180, and form CR-181 or an order must be submitted when the petition is filed.

A petition may be submitted on or in conjunction with Judicial Council form CR-180. When the petition is filed, Judicial Council form CR-181 or an Order, must be submitted.

CRITICAL

Applies to

Bbsc statement

Each party must state their position on requests for specified fees and costs, and must support those requests with adequate documentation where appropriate.

Each party shall include in their statement their position regarding requests for attorney's and accountant's fees, other expert fees, and court costs. Where appropriate, such requests shall be supported by adequate documentation.

CRITICALCivil cases

Applies to

Address or phone number change

Copies of all address or telephone-number changes must be provided to the Court Investigator.

Copies of all changes of address or telephone number must be provided to the Court Investigator.

CRITICALCivil cases

Applies to

Investigator report

The Court Investigator’s report must reflect the determinations specified above.

The contents of the report must mirror the determinations above.

CRITICAL

Applies to

Bench bar settlement conference statement

The statement must include an introductory paragraph summarizing the specified marriage, child, party, lifestyle, order, and special-needs information.

1. Introductory Paragraph. 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.

CRITICAL

Applies to

Order

Unless the case is an unlawful detainer matter or the Court directs otherwise, the prevailing party must prepare an order consistent with the announced ruling and CRC 3.1312.

Except in unlawful detainer cases, or when the Court otherwise directs, the prevailing party shall prepare an order consistent with the announced ruling in accordance with CRC 3.1312.

CRITICALCriminal cases

Applies to

Request for community service work in lieu of bail

A request to perform community service in lieu of bail must be made on Form TR024 and signed under penalty of perjury.

2. Upon approval of defendant’s written request on Financial Qualification for Community Service Work (Form TR024), signed under penalty of perjury, approve requests to perform community service work in lieu of paying bail at the prevailing fine conversion rate for each hour worked at a non-profit organization, as defined by Internal Revenue Code § 501(c)(3), found on the Court’s approved list of such agencies.

CRITICAL

Applies to

Request for order

A moving party requesting a custody or visitation order, or its modification, must attach Local Form FL005 to the Request for Order.

The moving party requesting a custody/visitation order or a modification to a custody/visitation order shall attach to any Request for Order, the “Family Court Services Child Custody Recommending Counseling Program” form, (Local Form FL005) which is available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin.

CRITICALCivil cases

Applies to

Inventory and appraisal

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

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

CRITICAL

Applies to

Noncorporate trustee compensation request

A noncorporate trustee must submit an itemized fee declaration.

The noncorporate trustee must submit an itemized fee declaration.

CRITICAL

Applies to

Issue conference statement

Witnesses and exhibits omitted from the Issue Conference Statement will be excluded at trial unless they relate to impeachment or rebuttal or good cause is shown.

Other than as relates to impeachment or rebuttal, or for good cause shown, witnesses and exhibits not identified in the Issue Conference Statement will be excluded at trial.

CRITICAL

Applies to

BBSC statement

The statement must list each claimed separate-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.

CRITICAL

Applies to

Foreign language will

A foreign-language instrument offered for probate must be accompanied by an English translation.

Where an instrument written in a foreign language is offered, it must be accompanied by a copy translated into English.

CRITICALCivil cases

Applies to

Order

An asset-distribution order must name the successor conservator or, if the conservatee is deceased, name the personal representative and list the assets.

The order distributing assets must contain the name of the successor conservator, or, in the event the conservatee is deceased, the name of the personal representative and a list of the assets.

CRITICAL

Applies to

Bbsc 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.

CRITICALCivil cases

Applies to

Attorney fee declaration

An attorney’s compensation request must be supported by 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

Personal representative account

A personal representative's account must begin on the decedent's date of death.

A personal representative's account must begin with the date of death of the decedent.

CRITICAL

Applies to

Notification

When distribution to California is due to no known heirs or an heir’s or devisee’s unknown whereabouts, the Probate Code notification requirements must be followed.

When distribution is to be made to the State of California because there are no known heirs or there is an heir or devisee whose whereabouts is unknown, the notification requirements of the Probate Code must be followed.

CRITICAL

Applies to

BBSC statement

Each party must serve and file a BBSC Statement stating the issues and all of that party’s trial contentions and positions.

Each party shall serve and file a BBSC Statement, which shall set forth the issues and all contentions and positions to be raised at trial by that party.

CRITICALCivil cases

Applies to

Compensation request

Professional fiduciaries must present compensation requests so the court can assess reasonableness and distinguish routine non-professional services from professional 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 require professional skill, experience, risk, and responsibility.

CRITICAL

Applies to

Judgment

The judgment must include a health insurance provision under Family Code §§ 3750-3753.

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

CRITICAL

Applies to

Minute order

When dual status is appropriate, the Court must designate the lead agency and document that finding in the minute order.

If the result of the 241.1 Hearing is that dual status pursuant to WIC § 300/602 is appropriate, the Court will order which agency should be "lead agency" and document that finding in the minute order.

CRITICAL

Applies to

Written explanation for special power

A specific written explanation must be submitted for each power requested under Probate Code § 2590.

Specific written explanations must be submitted for each power requested under Probate Code § 2590.

CRITICALCivil cases

Applies to

Account schedule

An additional schedule must show the market value of assets at the end of the accounting period.

An additional schedule must be provided showing the market value of assets at the end of the accounting period

CRITICAL

Applies to

Petition

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.

CRITICALCivil cases

Applies to

Ex parte application

An ex parte application must clearly identify itself as an “ex parte” application.

The application must clearly state that it is an “ex parte” application.

CRITICAL

Applies to

Written settlement agreement

The Respondent’s signature on the settlement agreement must be notarized.

Respondent’s signature on the agreement must be notarized.

CRITICALCriminal cases

Applies to

Felony trial preparation filings

Felony trial submissions must include motions in limine, proposed witness lists with a short testimony summary for each witness, fully drafted proposed 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 at least five (5) court days before the date set for a hearing regarding the motions in Limine.

CRITICAL

Applies to

Written objection

Written objections stating 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

Judicial administrative record request

A request to inspect or obtain a copy of a judicial administrative record must be made in writing.

Any request for a copy of or to inspect a judicial administrative record pursuant to CRC 10.500 must be made in writing.