Marin Superior Court Electronic Filing Rules

CRITICAL

Applies to

Confidential document

Confidential documents must be submitted electronically as described in CRC 2.551(d), not on paper unless an electronic-filing exception applies or is granted.

Confidential documents shall be lodged or filed with the court by electronic submission in the manner described in CRC 2.551(d). Such records must not be submitted in paper form, unless an exception to the mandatory electronic filing rules applies or has been granted.

CRITICAL

Parties must comply with the cited requirements and conditions governing electronic filing and service.

Parties must comply with all requirements and conditions for electronic filing and service as set forth in Code of Civil Procedure section 1010.6(a)(1), (3), (4), (b)(1), (2), (5) and CRC Rules 2.250 through 2.253, 2.256, 2.257, and 2.259.

CRITICAL

Represented parties in covered civil and Appellate Division cases must file documents electronically, subject to the stated exceptions.

As authorized by Code of Civil Procedure section 1010.6(d) and CRC 2.253(b)(1)(A), and subject only to the exceptions in Local Rules 1.51(B)(2), 1.51(B)(3), and 1.51(B)(4) below, all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases), all Appellate Division cases, as permitted by law must file and serve documents electronically, except when personal service is required by statute or rule.

CRITICAL

Applies to

Criminal case documents

Represented parties in criminal cases must electronically file documents, except for the specified bail-forfeiture motion and appeal.

Represented parties in criminal matters shall file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure 1016.6, and the authorities cited in Local Rule 1.51(B) above except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture.

CRITICAL

Each document requiring a file stamp or receipt must be transmitted to generate its own transaction receipt and, when applicable, transaction number.

Each document requiring a file stamp or to be received must be transmitted in a manner that generates a unique and individual transaction receipt (and, where applicable, a distinct transaction number) for that electronically filed document.

CRITICAL

Applies to

Proposed order

When instructed to prepare an order after a hearing, parties must lodge it electronically as a PDF attached to Judicial Council Form EFS-020.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

Applies to

Non document filing

Non-document filings, including files that cannot be converted to PDF, must be filed manually rather than electronically.

All non-document filings, including physical objects or anything other than a document, may not be e-filed. This includes electronic files which cannot be converted to PDF such as music and video files. Such files must be filed manually in an accessible format.

CRITICAL

Attorneys must deliver the required ex parte documents through eFiling.

Delivery shall be through eFiling if an attorney,

CRITICAL

Applies to

Notice of manual filing

The Notice of Manual Filing must be filed electronically.

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

Proposed order

In probate cases, covered proposed orders must be lodged electronically as PDFs attached to Judicial Council Form EFS-020, subject to applicable exemptions.

Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

Applies to

Criminal document

Represented parties in criminal matters must file documents electronically, except for motions to set aside bail forfeiture and appeals from their denial.

Represented parties in criminal matters shall file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure 1016.6, and the authorities cited in Local Rule 1.51(B) above except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture.

CRITICAL

Applies to

Accusatory pleading

A criminal prosecution must be commenced by electronically filing an accusatory pleading.

Pursuant to Penal Code section 959.1, a criminal prosecution shall be commenced by filing an accusatory pleading in electronic form.

CRITICAL

Applies to

Proposed order after hearing

If instructed to prepare a post-hearing order, it must be lodged electronically with the court.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

A filer may submit documents to a court-approved electronic filing vendor, which must convert and file them with the Clerk and serve designated parties.

The filer may alternatively file by submitting documents to a court approved electronic filing vendor. The vendor must then convert those documents to electronic form, file them with the Clerk of the Court, and serve designated parties as provided.

CRITICAL

A party excused from e-filing must mail the settlement conference statements to the settlement panelists.

If excused by the Court from E-filing, the excused party shall mail the statements to the settlement panelists.

CRITICAL

Applies to

Specified documents

The listed documents, along with other documents identified by the court, must not be filed electronically.

The following documents shall not be filed electronically (i) subpoenaed documents; (ii) Affidavit re: Real Property of Small Value; (iii) Labor Commissioner deposits of cash or check; (iv) bonds and undertakings; (v) wills and codicils (vi) trial exhibits; and (vii) other documents. Please see: https://www.marin.courts.ca.gov/online-services/efiling

CRITICAL

Applies to

Motion to seal

A motion to file documents under seal must be filed electronically.

A motion to file documents under seal must be filed and served electronically.

CRITICAL

Applies to

Proposed order

Subject to applicable exemptions, proposed probate orders submitted with moving papers before a hearing on a regularly noticed motion, and orders after hearing, must be lodged electronically as PDFs attached to Judicial Council Form EFS-020.

Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

Applies to

Proposed trial exhibits

Proposed trial exhibits must be lodged in paper with the assigned trial department rather than filed electronically, unless the trial judge instructs otherwise.

Proposed trial exhibits must not be filed electronically but instead must be lodged in paper format with the trial department once assigned, unless otherwise instructed by the trial judge.

CRITICAL

Parties represented by attorneys must e-file.

On April 26, 2024, the Court mandated eFiling for all parties represented by attorneys.

CRITICAL

Applies to

Non document filings

Non-document filings and files that cannot be converted to PDF must be filed manually in an accessible format, not e-filed.

All non-document filings, including physical objects or anything other than a document, may not be e-filed. This includes electronic files which cannot be converted to PDF such as music and video files. Such files must be filed manually in an accessible format.

CRITICAL

Applies to

Domestic violence restraining order application

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

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

CRITICAL

Attorneys submitting electronically filed documents must continue to comply with CRC 2.250 through 2.261.

Attorneys must continue to comply with CRC 2.250 through 2.261 when submitting any documents that are filed electronically.

CRITICAL

Applies to

Case initiation document

All parties must e-file case-initiation documents as a bundle, which is exempt from the order’s separate-filing requirements.

All parties still must electronically file all documents related to case initiation as a bundle. This bundle is exempt from the above requirements.

CRITICAL

Applies to

Confidential document

Confidential documents must be lodged or filed electronically as provided by CRC 2.551(d), and may not be submitted on paper unless an exception to mandatory e-filing applies or has been granted.

Confidential documents shall be lodged or filed with the court by electronic submission in the manner described in CRC 2.551(d). Such records must not be submitted in paper form, unless an exception to the mandatory electronic filing rules applies or has been granted.

CRITICAL

The listed documents may not be filed electronically; additional excluded documents are identified on the court's e-filing webpage.

The following documents shall not be filed electronically (i) subpoenaed documents; (ii) Affidavit re: Real Property of Small Value; (iii) Labor Commissioner deposits of cash or check; (iv) bonds and undertakings; (v) wills and codicils (vi) trial exhibits; and (vii) other documents. Please see: https://www.marin.courts.ca.gov/online-services/efiling

CRITICAL

Once the Court’s E-filing system is implemented, parties filing electronically must use a court-approved electronic filing service provider.

Upon implementation of the Court’s E-filing system, parties filing documents electronically must use one of the court’s approved electronic filing service providers.

CRITICAL

Applies to

Motion to seal

A motion to file documents under seal must be filed and served electronically.

A motion to file documents under seal must be filed and served electronically.

CRITICAL

Attorney-represented parties in the stated cases must electronically file and serve documents, subject to the listed exceptions and any required personal service.

As authorized by Code of Civil Procedure section 1010.6(d) and CRC 2.253(b)(1)(A), and subject only to the exceptions in Local Rules 1.51(B)(2), 1.51(B)(3), and 1.51(B)(4) below, all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases), all Appellate Division cases, as permitted by law must file and serve documents electronically, except when personal service is required by statute or rule.

CRITICAL

Applies to

Required ex parte documents

Attorneys must deliver the required ex parte documents through eFiling.

Delivery shall be through eFiling if an attorney,

CRITICAL

Applies to

Accusatory pleading

A criminal prosecution must be commenced by electronically filing an accusatory pleading.

Pursuant to Penal Code section 959.1, a criminal prosecution shall be commenced by filing an accusatory pleading in electronic form.

CRITICAL

Applies to

Cover sheet

The cover sheet identifying lodged or sealed documents must be filed electronically.

A cover sheet that identifies the lodged or sealed documents must be electronically filed.

CRITICAL

Once the Court’s e-filing system is implemented, parties filing documents electronically must use a Court-approved electronic filing service provider.

Upon implementation of the Court’s E-filing system, parties filing documents electronically must use one of the court’s approved electronic filing service providers.

CRITICAL

Applies to

Domestic violence restraining order application

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

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

CRITICAL

Applies to

Proposed trial exhibits

Proposed trial exhibits must be lodged on paper with the assigned trial department, not filed electronically, unless the trial judge instructs otherwise.

Proposed trial exhibits must not be filed electronically but instead must be lodged in paper format with the trial department once assigned, unless otherwise instructed by the trial judge.

WARNING

With court permission during trial, a party may submit pleadings to the courtroom clerk by hand, but must also file and serve them electronically by the close of business no later than the following court day.

During trial and with permission from the Court, a party may submit to the courtroom clerk, and serve by hand any pleadings, as long as the pleadings are also filed and served electronically by the party before the close of business no later than the following court day.

WARNING

Self-represented parties may use paper filing and service and are not required to e-file unless they affirmatively agree in writing to electronic filing and service.

Self-represented parties are not required to file and serve documents electronically. (CRC 2.253(b)(2).) Self-represented parties may continue to file, serve, and receive paper documents by non-electronic means according to all statutory requirements and the California Rules of Court that apply to paper documents, unless the self-represented party affirmatively agrees in writing to electronic filing and service.

WARNING

A party may omit electronic filing for documents that meet the stated format or viewing conditions, and for real-object declaration exhibits.

A party may be excused from filing any particular document electronically if it is not available in electronic format and it is not feasible for the party to convert the document to electronic format by scanning it to PDF, or if it may not be comprehensively viewed in an electronic format. Exhibits to declarations that are real objects also need not be filed electronically.

WARNING

A party required to use electronic filing and service may request an exemption by showing undue hardship or significant prejudice, but inability to pay fees alone does not qualify.

A party who is required to file, serve, and receive documents electronically under this Rule may request to be excused from those requirements by showing undue hardship or significant prejudice. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing, as fee waivers may be requested if the party otherwise qualifies for or has been granted a fee waiver, as provided in this Rule.

WARNING

or through eFiling, mail, or in person in room 113 if the party is a self-represented litigant.

or through eFiling, mail, or in person in room 113 if the party is a self-represented litigant.

WARNING

Applies to

Pleadings

During trial, a party may submit pleadings to the courtroom clerk and serve them by hand with court permission, but must also electronically file and serve them by the following court day.

During trial and with permission from the Court, a party may submit to the courtroom clerk, and serve by hand any pleadings, as long as the pleadings are also filed and served electronically by the party before the close of business no later than the following court day.

WARNING

Applies to

Domestic violence restraining order application

A self-represented applicant who does not wish to e-file may submit the forms to the clerk in room 113 before 10:30 a.m. Monday through Friday.

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.

WARNING

Parties must comply with the cited statutory and court-rule requirements for electronic filing and service.

Parties must comply with all requirements and conditions for electronic filing and service as set forth in Code of Civil Procedure section 1010.6(a)(1), (3), (4), (b)(1), (2), (5) and CRC Rules 2.250 through 2.253, 2.256, 2.257, and 2.259.

WARNING

Applies to

Required ex parte documents

or through eFiling, mail, or in person in room 113 if the party is a self-represented litigant.

or through eFiling, mail, or in person in room 113 if the party is a self-represented litigant.

WARNING

Applies to

Documents

Until the court implements its E-filing system, parties without integrated systems may use E-delivery or file paper documents in person at the Clerk’s Office.

Until implementation of the Court’s E-filing system, parties that do not have computer systems that are integrated with the Court’s case management system may use the Court’s E-delivery system to file documents as provided on the court’s website or continue to file paper documents in person in the Clerk’s Office.

WARNING

A party subject to mandatory electronic filing may request an exemption by showing undue hardship or significant prejudice, but inability to pay e-filing fees is not sufficient.

A party who is required to file, serve, and receive documents electronically under this Rule may request to be excused from those requirements by showing undue hardship or significant prejudice. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing, as fee waivers may be requested if the party otherwise qualifies for or has been granted a fee waiver, as provided in this Rule.

WARNING

Self-represented parties may use paper filing and service unless they affirmatively agree in writing to electronic filing and service.

Self-represented parties are not required to file and serve documents electronically. (CRC 2.253(b)(2).) Self-represented parties may continue to file, serve, and receive paper documents by non-electronic means according to all statutory requirements and the California Rules of Court that apply to paper documents, unless the self-represented party affirmatively agrees in writing to electronic filing and service.

WARNING

Applies to

Document or exhibit

A party may manually file and serve certain documents or real-object exhibits when electronic filing is unavailable, infeasible, or inadequate for viewing.

A party may be excused from filing any particular document electronically if it is not available in electronic format and it is not feasible for the party to convert the document to electronic format by scanning it to PDF, or if it may not be comprehensively viewed in an electronic format. Exhibits to declarations that are real objects also need not be filed electronically. Such a document or exhibit may be manually filed with the Clerk of the Court and served on the parties by non-electronic means.

INFOCivil cases

Applies to

Small claims documents including evidence

Small Claims customers may file documents, including evidence, in person in Room 113 or electronically via eFiling.

All Small Claims customers can file their documents (including evidence) either in person in Room 113 or via eFiling.

INFO

Applies to

Domestic violence restraining order application

A self-represented applicant who does not wish to e-file may deliver the application papers to the clerk in room 113.

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.