Marin Superior Court Filing Timing and Cure Windows

CRITICALCriminal cases

A misdemeanor complaint for an in-custody defendant must be filed by noon for a same-day 1:30 p.m. hearing.

B. Misdemeanor In-Custody Complaints. A misdemeanor complaint charging an in- custody defendant shall be filed by noon to be heard the same day at 1:30 p.m.

CRITICALCriminal cases

Deadline

2 court days

A criminal complaint for an out-of-custody defendant must be filed by 4:00 p.m. two court days before the scheduled appearance.

D. Out-Of-Custody Criminal Complaints. A criminal complaint charging an out-of- custody defendant shall be filed no later than 4:00 p.m. two (2) court days prior to the defendant’s scheduled appearance.

CRITICAL

The required forms must be submitted before 10:30 a.m. Monday through Friday when a self-represented applicant submits them to the clerk in person.

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.

CRITICAL

An in-custody misdemeanor complaint must be filed by noon for a same-day hearing at 1:30 p.m.

A misdemeanor complaint charging an in-custody defendant shall be filed by noon to be heard the same day at 1:30 p.m.

CRITICAL

Proof of service of the final declarations of disclosure must be filed 45 days before the date first set for trial.

The parties are reminded that under Family Code § 2105 they are required to file proof of service of their final declarations of disclosure forty-five (45) days before the date first set for trial.

CRITICAL

Applies to

Ex parte application and supporting documents

Ex parte applications and supporting documents must be filed by 10:00 a.m. two court days before the hearing.

Ex parte applications and supporting documents must be filed no later than 10:00 a.m. two (2) court days before the application is to be heard.

CRITICAL

The Trial Readiness Conference Statement must be filed no later than five court days before the conference.

Each party shall serve and file with the Court a Trial Readiness Conference Statement no later than five (5) court days prior to the Conference.

CRITICALCivil cases

The moving party must drop an appearance at the earliest possible opportunity.

The moving party shall drop an appearance at the earliest possible opportunity.

CRITICAL

Deadline

2 court days

An out-of-custody criminal complaint must be filed by 4:00 p.m. two court days before the defendant’s scheduled appearance.

A criminal complaint charging an out-of- custody defendant shall be filed no later than 4:00 p.m. two (2) court days prior to the defendant’s scheduled appearance.

CRITICAL

Applies to

Written opposition

Written opposition to an ex parte application must be filed by 3:30 p.m. one court day before the hearing.

Any written opposition must be filed by 3:30 p.m. one (1) court day before the application is to be heard.

CRITICAL

Documents may be transmitted at any time; a submission on an open business day is accepted that date, while one submitted on a closed day is accepted on the next day the Clerk's office is open.

Parties may electronically transmit a document to the court at any time. Acceptance of a transmitted document for filing occurs on the (i) date the document is submitted, if the submission occurs between 12:00 a.m. and 11:59 p.m. on a day when the Clerk of the Court’s office is open for business, or (ii) next day when the Clerk of the Court’s office is open for business following submission of the document, if the submission occurs on a day when the Clerk of the Court’s office is closed.

CRITICALCriminal cases

A request to calendar a case to recall a bench warrant must be made by noon the day before the requested appearance.

The deadline to request placement of a case on calendar to recall a bench warrant will be noon the day prior to the requested appearance date.

CRITICAL

An At-Issue Memorandum may not be filed until the disclosure and response conditions are met.

Neither party shall file an At-Issue Memorandum until both parties have served a preliminary declaration of disclosure, or pursued available remedies, as set forth in Family Code §§ 2103 and 2104, and the respondent has filed a response to the petition.

CRITICAL

Redacted versions of lodged or sealed documents must be filed electronically at the same time as the corresponding documents.

Redacted versions of any lodged or sealed documents must be filed electronically at the same time.

CRITICAL

Domestic violence restraining order application papers must be filed electronically or delivered to the clerk before 10:30 a.m., Monday through Friday.

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.

CRITICAL

Counsel must file all papers with the Court by 4:00 p.m. on the designated filing date.

Counsel shall file all papers with the Court no later than 4:00 p.m. on the designated date to submit pleadings.

CRITICAL

An in-custody felony complaint must be filed by 3:00 p.m. on the day before arraignment.

A felony complaint charging an in-custody defendant shall be filed no later than 3:00 p.m. the day preceding arraignment.

CRITICALCivil cases

Deadline

2 court days

Ex parte applications and supporting documents must be filed by 10:00 a.m. two court days before the hearing.

Ex parte applications and supporting documents must be filed no later than 10:00 a.m. two (2) court days before the application is to be heard.

CRITICALCriminal cases

Deadline

2 court days

A case may be added to the calendar by 4:00 p.m. two court days before the requested appearance, except as provided in MCR Crim 3.4.

Except as provided in MCR Crim 3.4, a case may be added to the calendar no later than 4:00 p.m. two (2) court days prior to the requested appearance.

CRITICALCivil cases

Deadline

1 court days

Written opposition to an ex parte application must be filed by 3:30 p.m. one court day before the hearing.

Any written opposition must be filed by 3:30 p.m. one (1) court day before the application is to be heard.

CRITICAL

All required ex parte documents must be delivered to the court no later than 10:00 a.m. on the day before the hearing.

Any attorney or party requesting an ex parte order is required to deliver all documents required pursuant to California Rule of Court 3.1201 and/or 5.151 to the court by no later than 10:00 a.m. the day before the hearing.

CRITICAL

Documents may be transmitted electronically at any time; filings submitted on a day the Clerk's office is open are accepted that date, while submissions on a closed day are accepted the next day the office is open.

Parties may electronically transmit a document to the court at any time. Acceptance of a transmitted document for filing occurs on the (i) date the document is submitted, if the submission occurs between 12:00 a.m. and 11:59 p.m. on a day when the Clerk of the Court’s office is open for business, or (ii) next day when the Clerk of the Court’s office is open for business following submission of the document, if the submission occurs on a day when the Clerk of the Court’s office is closed.

CRITICALCriminal cases

Counsel must file all papers with the Court by 4:00 p.m. on the designated submission date.

Counsel shall file all papers with the Court no later than 4:00 p.m. on the designated date to submit pleadings.

CRITICALCriminal cases

A felony complaint for an in-custody defendant must be filed by 3:00 p.m. the day before arraignment.

C. Felony In-Custody Complaints. A felony complaint charging an in-custody defendant shall be filed no later than 3:00 p.m. the day preceding arraignment.

CRITICAL

A request to place a case on calendar to recall a bench warrant must be made by noon on the day before the requested appearance.

The deadline to request placement of a case on calendar to recall a bench warrant will be noon the day prior to the requested appearance date.

CRITICAL

Anyone requesting an ex parte order must deliver all documents required by the cited rules to the court no later than 10:00 a.m. on the day before the hearing.

Any attorney or party requesting an ex parte order is required to deliver all documents required pursuant to California Rule of Court 3.1201 and/or 5.151 to the court by no later than 10:00 a.m. the day before the hearing.

WARNING

The Probate Clerk will accept untimely documents, but the court may refuse to consider them, continue the hearing, or impose sanctions.

If a party presents a document/documents to the clerk for filing that is untimely, the Probate Clerk will accept the documents. At the Court’s discretion, a late filing may result in: a. The Court’s refusal to consider the late filed documents. b. A continuance of the hearing. c. Sanctions.

WARNING

A document must be filed before the Probate Research Attorney will review it.

The Probate Research Attorney will not review any document unless and until it has been filed.

WARNING

Motions must be filed and calendared on an already scheduled hearing date or a date determined by the Court.

Motions shall be filed and calendared on a date already set for hearing or on a date to be determined by the Court.

WARNING

Failure to oppose a motion may be deemed consent to its granting, except that summary judgment or adjudication cannot be granted solely because no opposition was filed.

A failure to file an opposition to a motion may be deemed consent to the granting of such motion, with the exception that a motion for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c may not be granted solely based on the failure to file an opposition.

WARNING

The moving party must drop its appearance at the earliest possible opportunity.

The moving party shall drop an appearance at the earliest possible opportunity.

WARNING

Evaluator-performance complaints are generally addressed after the evaluation report is issued, except in extraordinary circumstances.

Except in extraordinary circumstances, complaints about the performance of an evaluator shall be addressed after issuance of the evaluation report.

WARNINGCivil cases

The Probate Clerk will accept untimely documents presented for filing, but the Court may decline to consider them, continue the hearing, or impose sanctions.

If a party presents a document/documents to the clerk for filing that is untimely, the Probate Clerk will accept the documents. At the Court’s discretion, a late filing may result in: a. The Court’s refusal to consider the late filed documents. b. A continuance of the hearing. c. Sanctions.

WARNING

Proposed trial exhibits must be lodged with the trial department once it is assigned, 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.

WARNINGCivil cases

The probate clerk will calendar temporary guardianship and conservatorship cases three weeks out.

All temporary guardianship and conservatorship cases will be calendared by the probate clerk three (3) weeks out.

WARNINGCivil cases

The Court may deem failure to oppose a motion consent to its granting, but may not grant a summary judgment or adjudication motion solely because no opposition was filed.

A failure to file an opposition to a motion may be deemed consent to the granting of such motion, with the exception that a motion for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c may not be granted solely based on the failure to file an opposition.

WARNING

The Clerk’s Office may reject filings for correction when separately filed documents are combined into one PDF or submitted together in one transaction contrary to the order.

The Clerk's Office may reject filings for correction if an electronic filing combines multiple documents that require separate file stamps into a single PDF, or if such documents are submitted together in one transaction when this Order requires them to be filed separately.

WARNING

Deadline

2 court days

Except as provided in MCR Crim 3.4, a case may be added to the calendar by 4:00 p.m. two court days before the requested appearance.

Except as provided in MCR Crim 3.4, a case may be added to the calendar no later than 4:00 p.m. two (2) court days prior to the requested appearance.

WARNING

A filer temporarily unable to e-file due to technical problems should follow court procedures; absent established procedures, an extension request may be made by ex parte motion to the assigned judge or, if unassigned, the division's Supervising Judge, and the Clerk may determine compliance.

In the event a filer is temporarily unable to electronically file due to technical problems, the filer should follow procedures set forth by the court. The court may establish policies and procedures for filers to follow when requesting an extension of time due to technical problems. Otherwise, such requests may be made by ex parte motion, addressed to the judge to whom the case is assigned for all purposes, or, if the case has not been assigned, to the Supervising Judge of the relevant division. The Clerk of the Court, pursuant to established policies and procedures in effect at any time, may determine whether a filer has complied with established policy and procedures entitling the filer to an extension of time.

WARNING

Specified electronic filing or service failures may support an extension of time if the filer demonstrates an attempt to file or complete service at a particular date and time, subject to applicable procedures.

If electronic filing or service does not occur due to (1) error in the transmission of the document to a vendor or served party which was unknown to the sending party; (2) a vendor’s failure to process the electronic document; (3) a party’s erroneous exclusion from the service list; (4) other technical problems experienced by the vendor, then the filer affected may be entitled to an extension of time for any response or the period within which any right, duty, or other act must be performed, provided the filer demonstrates that the filer attempted to file or complete service on a particular day and time. The court may establish policies and procedures for the way in which a filer may demonstrate the filer attempted to file or complete service on a particular day and time. The Clerk of the Court, pursuant to established policies and procedures in effect at that time, may determine whether a filer has complied with established policy and procedure entitling filer to an extension of time.

CRITICALCivil cases

The depository receipt and agreement must be filed before issuance of Letters.

A. Before Issuance of Letters. The receipt and agreement of depository required by the Probate Code must be filed prior to the issuance of Letters.

CRITICAL

Deadline

5 court days

The questionnaire must be filed at least five court days before each Case Progress Conference.

Each party must file and serve a Case Progress Conference Questionnaire at least five (5) court days prior to each Case Progress Conference.

CRITICALCivil cases

The inventory and appraisal for a decedent’s estate is due within four months after issuance of the personal representative’s letters.

B. Due Date. The inventory and appraisal for a decedent's estate is due within four months of issuance of letters of a personal representative.

CRITICAL

The inventory and appraisal for a decedent’s estate is due within four months after letters are issued to a personal representative.

The inventory and appraisal for a decedent's estate is due within four months of issuance of letters of a personal representative.

CRITICAL

Deadline

45 court days

If the District Attorney objects, an opposition must be filed within 45 court days.

If the District Attorney objects to the motion or petition, an opposition shall be filed within forty-five (45) court days,

CRITICAL

The statement about whether an official reporter is requested must be filed ten days before trial or the hearing.

A party in any type of civil case must file a statement ten (10) days before the trial or hearing date indicating whether the party requests the presence of an official court reporter.

CRITICAL

The ADR Coordinator must be notified of an agreed facilitator within 10 calendar days after the stipulation or order; if the parties cannot agree, each side must submit a written rejection within the same period.

Upon agreement on the selection of a Discovery Facilitator the ADR Coordinator shall be notified of such agreement within ten (10) calendar days following the date of the stipulation or order. If the parties cannot agree on a Facilitator, then within such 10 calendar day period, each side shall submit a written rejection to the ADR Coordinator identifying no more than one name on the list of potential Facilitators that is not accepted.

CRITICAL

The required preliminary disclosure update must be made when the BBSC Statements are filed.

C. Updated Preliminary Declarations of Disclosure. At the time of filing the BBSC Statements, each party shall update their preliminary Declaration of Disclosure as necessary to reflect any material change in income or expenses of the party and any material change in the characterization or value of separate or community property and/or debts.

CRITICAL

Deadline

180 calendar days

The Court must set the first Case Management Conference no later than 180 calendar days after the complaint is filed.

The Court shall set the First Case Management Conference for a date not later than 180 calendar days after the filing of a complaint.

CRITICALCriminal cases

Motions must be filed and calendared for a date already set for hearing or for a date determined by the Court.

Motions shall be filed and calendared on a date already set for hearing or on a date to be determined by the Court.