Marin Superior Court Filing Fees and Waivers

CRITICAL

Fee

52

Applies to

Late traffic violator school completion

For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles.

For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles.

CRITICAL

Applies to

Ex parte application

The applicable filing fee or an Application and Order for Fee Waiver must be submitted to the Clerk’s Office before the ex parte hearing.

The ex parte application shall be filed, and the filing fee (or Application and Order for Fee Waiver) shall be paid to the Clerk’s Office prior to the hearing in a department.

CRITICALCivil cases

Applies to

Accounting

Court investigator fees must be paid before the accounting can be approved.

The fees of the court investigator must be paid before the accounting will be approved.

CRITICAL

Applies to

Continuance

A continuance obtained under the stated agreement procedure requires payment of the continuance fee.

After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed.

CRITICAL

Fee

$25

Applies to

Clerk declaration

A Clerk’s Declaration costs $25 for each record included.

Upon request, the Court will draft a Clerk’s Declaration on Court letterhead stating the disposition of a court case or a statement that no record was found. The fee for a Clerk’s Declaration is $25 for each record included in the Declaration.

CRITICAL

Applies to

Ex parte application

The ex parte application filing fee must be paid to the Clerk’s Office before the hearing.

Parties shall pay the ex parte application filing fee to the Clerk’s Office prior to the hearing in a department.

CRITICAL

Fee

$0.5

Applies to

Court file copies

Copy jobs of 50 pages or fewer must be prepaid at $0.50 per page.

For copy jobs of 50 pages or fewer, the requestor must prepay for copies at $0.50 per page.

CRITICAL

Applies to

Continuance

A continuance fee must be paid to obtain a continuance by agreement through the Clerk’s Office.

After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed.

CRITICAL

Applies to

Mailed research request

Mailed research requests must include a properly stamped return envelope and a check with the specified memo-line amount.

If submitting research requests by mail, requestors must enclose a self-addressed stamped envelope with proper postage and a check made out to Marin County Superior Court. On the memo line, write “amount not to exceed $35,” if the amount of the research is unknown, or the amount previously provided by the Court.

CRITICAL

Applies to

Ex parte application

An ex parte application must be filed and its filing fee or fee-waiver application submitted to the Clerk’s Office before the hearing.

The ex parte application shall be filed, and the filing fee (or Application and Order for Fee Waiver) shall be paid to the Clerk’s Office prior to the hearing in a department.

CRITICAL

Applies to

Stipulation to continue case progress conference

Parties must pay the applicable filing fees for further stipulations to continue Case Progress Conferences.

The Court will require parties to pay the applicable filing fees for any further stipulations to continue Case Progress Conferences.

CRITICAL

Fee

$0.5

Applies to

Printed court documents and registers of action

Printed court documents and registers of action cost $0.50 per page, are payable at printing, and must be purchased once printed.

Upon request, the Court will use its computer system to print documents and, registers of action from the court file. Copy fees of $0.50 per page are due and payable at the time of printing. Once printed, the requestor shall purchase the printed document. The requestor may not view the printed document and decline to pay the copy fee.

CRITICALCriminal cases

Fee

52

Applies to

Late traffic violator school completion

Defendants who did not previously sign up for traffic violator school must pay a non-refundable $52 fee and complete it late within 60 days after the conviction abstract was sent to the DMV.

9. For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles.

CRITICAL

Fee

52

Applies to

Traffic violator school request

A defendant may request traffic violator school when it was not initially ordered, upon payment of a $52 fee.

b. Allow traffic violator school when not initially ordered, upon payment of $52 Traffic Violator School fee.

CRITICAL

Checks and money orders may be used to pay fees, fines, or bail deposits only if they meet the listed currency, amount, date, payee, and consistency requirements.

The Clerk shall accept a personal check, cashier's check, or money order offered in payment of any fee, fine or bail deposit provided the following conditions are met: 1. The Bank imprinted personal check, cashier's check, or money order is in U.S. dollars, with a dollar sign ($) and the word “dollars” printed on it; 2. The amount of any such payment shall not exceed the face amount; 3. The check is not post-dated or stale-dated; 4. All instruments shall be made payable to the "Marin County Superior Court" or other similar designee (no two-party checks); 5. The numeric figures on the check shall agree with the amount written in words; and 6. The sum shall be payable in U.S. currency.

CRITICAL

Applies to

Court file copies

Copy jobs exceeding 50 pages require a deposit set by the Court based on the estimated number of copies.

For copy jobs of more than 50 pages, requestors must leave a deposit, in an amount determined by the Court, based upon the estimated number of copies.

CRITICALCriminal cases

Fee

52

Applies to

Request to allow traffic violator school

b. Allow traffic violator school when not initially ordered, upon payment of $52 Traffic Violator School fee.

b. Allow traffic violator school when not initially ordered, upon payment of $52 Traffic Violator School fee.

CRITICALCivil cases

Applies to

Ex parte application

Parties must pay the ex parte application filing fee to the Clerk’s Office before the hearing.

Parties shall pay the ex parte application filing fee to the Clerk’s Office prior to the hearing in a department.

CRITICAL

Applies to

Governmental agency copy request

Governmental agencies requesting copies must provide self-addressed stamped envelopes with enough postage to cover the copy cost.

Governmental agencies requesting copies of court orders, filed documents, or other court records shall include self-addressed stamped envelopes with postage sufficient to cover the cost of their copies.

CRITICAL

Court investigator fees must be paid before the accounting is approved.

The fees of the court investigator must be paid before the accounting will be approved.

CRITICAL

Applies to

Subpoena

Fees required by Government Code section 68097.2 must be deposited with a subpoena for a CCR counselor’s or evaluator’s deposition or trial appearance.

Any subpoena requiring the appearance of a Family Court Services CCR counselor/evaluator at deposition or trial shall be hand delivered to Family Court Services at least ten (10) days prior to the appearance date with fees deposited as required by Government Code § 68097.2.

WARNING

Payers using personal or business checks for criminal or traffic fines, fees, or forfeitures must ensure sufficient funds are available; dishonored checks may be referred for collection or enforcement, and attorney checks may be reported to the State Bar.

Pursuant to Penal Code section 4.76(a) persons making payment to the Court by personal or business check for criminal or traffic fines, fees or forfeitures must ensure that sufficient funds are available to honor these check transactions. If it is determined that there are insufficient funds in the payor’s bank account, the Court may refer the dishonored check(s) to the Enhanced Court Collections Program for collection and/or to the District Attorney for enforcement. If attorneys licensed by the California State Bar pay filing fees by tendering checks on accounts with insufficient funds, the Count may notify the State Bar of such dishonored checks. See Business and Professions code section 6091.1.

WARNING

Fee

15

Applies to

Research request

A search of records or court files taking longer than 10 minutes costs $15, payable when requested.

The fee for research requests shall be $15 for each search of records or court files that take longer than 10 minutes. The fee is due and payable at the time of the request.

WARNING

Applies to

Notice of entry of judgment

Instead of providing two stamped envelopes for delivery of the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling for the court to provide the envelope.

In lieu of providing two stamped envelopes for delivery of the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on the submitting party’s behalf.

WARNING

The numeric amount on a check must match the amount written in words.

The numeric figures on the check shall agree with the amount written in words;

WARNING

Applies to

Electronic filing and service

A party who has received a fee waiver owes no fee for electronic filing and service.

A party who has received a fee waiver is not required to pay any fee for electronic filing and service.

WARNING

The payment sum must be payable in U.S. currency.

The sum shall be payable in U.S. currency.

WARNING

Acceptance of personal checks from people known to have previously tendered worthless or insufficient-funds checks is discretionary with the Court Executive Officer or designee.

Personal checks from persons known to have previously tendered worthless or "Not Sufficient Funds" checks to the Clerk or other persons shall be accepted at the discretion of the Court Executive Officer or designee.

WARNING

Fee

0.5

Applies to

Copy job 50 pages or fewer

Copy jobs of 50 pages or fewer must be prepaid at $0.50 per page.

For copy jobs of 50 pages or fewer, the requestor must prepay for copies at $0.50 per page.

WARNING

Anyone paying criminal or traffic fines, fees, or forfeitures by personal or business check must ensure sufficient funds are available.

Pursuant to Penal Code section 4.76(a) persons making payment to the Court by personal or business check for criminal or traffic fines, fees or forfeitures must ensure that sufficient funds are available to honor these check transactions.

WARNING

Applies to

Facsimile filing through vendor

A filer using a vendor to file by facsimile must be charged the vendor's then-current published rates for filing and service.

Filers filing via facsimile through a vendor must be charged fees reflecting the vendor’s then current published rates for filing and service in this manner.

WARNING

Overpayments of $10.00 or less on a fine, fee, or forfeiture are retained as local Court revenue and are not refunded.

When an amount paid to the Court exceeds the total amount due for any fine, fee or forfeiture, and the overpayment does not exceed ten dollars ($10.00), the Court shall accept the overpayment and deposit those funds in local Court revenue. In recognition of the administrative costs related to refunding overpayments of $10.00 or less, such overpayments will not be refunded to the payer.

WARNING

Payment instruments must be payable to the Marin County Superior Court or a similar designee, and checks may not have two payees.

All instruments shall be made payable to the "Marin County Superior Court" or other similar designee (no two-party checks);

WARNING

Applies to

Copy job more than 50 pages

Copy jobs exceeding 50 pages require a deposit set by the Court based on the estimated number of copies.

For copy jobs of more than 50 pages, requestors must leave a deposit, in an amount determined by the Court, based upon the estimated number of copies.

WARNING

Applies to

Offsite file retrieval

A new retrieval fee is charged if the requestor does not view the files during the viewing period and they are returned to offsite storage.

If the requestor does not view the files during the five-day viewing period and the files are returned to offsite storage, the requestor will be charged a new retrieval fee.

WARNING

Applies to

Notice of entry of judgment envelope

Instead of providing two stamped envelopes for the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling for the court to provide the envelope.

In lieu of providing two stamped envelopes for delivery of the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on the submitting party’s behalf.

WARNING

Personal checks from persons known to have previously tendered worthless or "Not Sufficient Funds" checks to the Clerk or other persons shall be accepted at the discretion of the Court Executive Officer or designee.

Personal checks from persons known to have previously tendered worthless or "Not Sufficient Funds" checks to the Clerk or other persons shall be accepted at the discretion of the Court Executive Officer or designee.

WARNING

If a check is dishonored for insufficient funds, the Court may refer it to the Enhanced Court Collections Program or the District Attorney.

If it is determined that there are insufficient funds in the payor’s bank account, the Court may refer the dishonored check(s) to the Enhanced Court Collections Program for collection and/or to the District Attorney for enforcement.

WARNING

Applies to

Request to enter default

Instead of providing a stamped envelope for the respondent, the party may pay an additional court fee via eFiling for the court to provide the envelope.

In lieu of providing a stamped envelope for Respondent, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on their behalf

WARNING

Fee

0.5

Applies to

Computer printed court document or register of action

Computer-printed court documents and registers of action cost $0.50 per page, payable at printing, and must be purchased once printed.

Upon request, the Court will use its computer system to print documents and, registers of action from the court file. Copy fees of $0.50 per page are due and payable at the time of printing. Once printed, the requestor shall purchase the printed document. The requestor may not view the printed document and decline to pay the copy fee.

WARNING

Overpayments of $10 or less are retained by the Court and will not be refunded.

When an amount paid to the Court exceeds the total amount due for any fine, fee or forfeiture, and the overpayment does not exceed ten dollars ($10.00), the Court shall accept the overpayment and deposit those funds in local Court revenue. In recognition of the administrative costs related to refunding overpayments of $10.00 or less, such overpayments will not be refunded to the payer.

WARNING

Applies to

Electronic filing and service

A party with a fee waiver owes no electronic filing or service fees, and another party may request a waiver using Forms FW-001 and FW-002.

A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

WARNING

Applies to

Stipulated continuance

Further stipulations to continue Case Progress Conferences require the applicable filing fees.

The Court will require parties to pay the applicable filing fees for any further stipulations to continue Case Progress Conferences.

WARNING

Fee

25

Applies to

Clerk declaration

Upon request, the Court will prepare a Clerk’s Declaration, charging $25 for each record included.

Upon request, the Court will draft a Clerk’s Declaration on Court letterhead stating the disposition of a court case or a statement that no record was found. The fee for a Clerk’s Declaration is $25 for each record included in the Declaration.

WARNING

Applies to

Electronic filing and service

A party without an existing fee waiver may request waiver of electronic filing and service fees by filing Judicial Council Forms FW-001 and FW-002.

A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002).

WARNING

Applies to

Filing fee

The Court may notify the State Bar when a California-licensed attorney pays filing fees with a check drawn on an account with insufficient funds.

If attorneys licensed by the California State Bar pay filing fees by tendering checks on accounts with insufficient funds, the Count may notify the State Bar of such dishonored checks.

WARNING

Fee

15

Applies to

Research request

For requests covering multiple records at once, the Court presumes the search exceeds 10 minutes and charges $15 for the first two records and $5 for each additional one.

If the requestor seeks information on more than one record or court file at one time, the Court presumes that the search will take longer than 10 minutes and a $15 fee will be charged for the first two records and a $5 fee will be charged for each additional record or court file.

WARNING

Fee

5

Applies to

Offsite file retrieval

A $5 retrieval fee for each offsite file is due when the request is made.

Retrieval fees of $5 for each file are due at the time the request is made.

WARNING

The Clerk may not accept coin payments exceeding 25 cents in pennies, nickels, and dimes, or $10 in dimes, quarters, and half dollars.

The Clerk shall not accept coins as payment of any bail, fee or fine in amounts exceeding: twenty-five cents consisting of pennies, nickels, and dimes; and ten dollars consisting of dimes, quarters, and half dollars.

WARNING

Applies to

Facsimile filing and service

A vendor must charge filers using facsimile filing the vendor’s then-current published rates for filing and service.

Filers filing via facsimile through a vendor must be charged fees reflecting the vendor’s then current published rates for filing and service in this manner.