Marin Superior Court Filing Timing and Cure Windows

CRITICAL

The evaluator’s written response, and any response elected by the other party, must be provided to both parties and lodged with the Court within 10 days after the complaint is provided.

A written response from the evaluator (and the other party, at their election) shall be provided to both parties, as well as lodged with the court, no later than ten (10) days after the complaint was provided to the evaluator, the other party, and the Court.

CRITICAL

Filing a referral stipulation tolls the deadline to move to compel discovery of the disputed issues until notice that the dispute is resolved is filed with the court.

The filing of such stipulation will toll the time for filing a motion to compel discovery of the disputed issues until notice of resolution of the discovery dispute is filed with the Court.

CRITICAL

Deadline

5 court days

The interpreter notification form must be filed at least five court days before the scheduled hearing.

Parties appearing remotely and requiring an interpreter must file the Court’s local form INT001 at least five (5) court days prior to scheduled hearing.

CRITICAL

Parties must file proof of service of their final declarations of disclosure 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

Deadline

5 court days

Written oppositions, responses, and statements of non-opposition to motions in limine must be filed no later than 5 court days before the Issue Conference.

Any opposition, response, or statement of non-opposition to motions in limine must be in writing and filed not later than five (5) court days before the Issue Conference.

CRITICALCivil cases

The account must be filed within 10 weeks after the accounting period concludes.

The account shall be filed within ten (10) weeks of the conclusion of the accounting period.

CRITICAL

The responding party’s calculations and declaration must be filed with and served with the response; the moving party’s must be filed with and served with the reply.

1. The responding party's calculations/declaration shall be filed and served with the response. 2. The moving party's calculations/declaration shall be filed and served with the reply.

CRITICALCivil cases

If no responsive pleading is filed, the plaintiff or cross-complainant must request entry of default within 10 calendar days after the statutory filing period expires.

If a responsive pleading is not filed, the plaintiff or cross-complainant must, within ten (10) calendar days after the statutory time for filing the responsive pleading has expired, request the entry of a default.

CRITICAL

The depository receipt and agreement must be filed 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

Responsive papers to an Order to Show Cause must be filed at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served five (5) court days in advance of the hearing.

CRITICALCivil cases

Deadline

5 court days

The Court anticipates that a discovery motion will not proceed on its assigned hearing date unless it receives a Declaration of Non-Resolution at least five court days before the hearing.

The court anticipates that the motion will not go forward on the assigned hearing date if the court has not received a Declaration of Non-Resolution of the motion at least five (5) court days prior to the scheduled hearing date.

CRITICAL

Deadline

5 court days

If a resolved discovery motion is not dropped at least five court days before its calendar date, the moving party must file the required explanation.

If the motion is not dropped at least five (5) court days prior to the date it is on calendar, the moving party shall file a declaration explaining to the Court why the motion could not have been dropped sooner.

CRITICALCivil cases

Deadline

5 court days

If a pending discovery motion is resolved, the moving party must withdraw it and remove it from the calendar no later than five calendar court days before the scheduled hearing.

If a pending discovery motion is resolved, then no later than five (5) calendar court days before the scheduled law and motion hearing date the moving party shall withdraw the motion and drop it from the calendar.

CRITICAL

Deadline

45 court days

The District Attorney’s Office has 45 court days to file an objection to the petition.

The District Attorney’s Office shall have forty-five (45) court days to file an objection.

CRITICAL

Deadline

10 court days

The listed Issue Conference documents must be filed no later than 10 court days before the conference.

Not later than ten (10) court days before an Issue Conference, each party shall file and serve the following:

CRITICAL

A stipulation requesting referral to the Program before a discovery motion is filed tolls the motion-filing deadline until a party files a Declaration of Non-Resolution.

The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation with the court. Filing the stipulation will toll the time for filing the discovery motion until a party files a Declaration of Non-Resolution with the Court (see Rule 2.13H);

CRITICALCivil cases

If the Court approves the order setting aside default, an answer or other responsive pleading must be filed within 10 days after the order is filed.

If the Court approves the order, an answer or other responsive pleading must be filed within ten (10) days of the filing of the order.

CRITICAL

Counsel must submit proposed jury instructions with motions in limine before trial commences, notwithstanding Penal Code § 1093.5’s submission timing.

Notwithstanding the time for submission of proposed jury instructions set forth in Penal Code § 1093.5, counsel shall submit proposed jury instructions with motions in Limine before trial commences.

CRITICALCivil cases

The conservator must file a General Plan within 60 days after appointment.

A General Plan for the care, custody and control of the conservatee must be filed within sixty (60) days of appointment of a conservator.

CRITICAL

The fully completed FCS Intake Sheet must be submitted at the time the applicant files DV-300.

If the applicant seeks a modification of a custody or visitation order under a restraining order the applicant shall submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request to Change or End Restraining Order (DV-300).

CRITICALCivil cases

Filing a referral stipulation tolls the time to file the discovery motion until a party files a Declaration of Non-Resolution.

Filing the stipulation will toll the time for filing the discovery motion until a party files a Declaration of Non-Resolution with the Court (see Rule 2.13H);

CRITICALCivil cases

Deadline

5 court days

Responsive papers to an Order to Show Cause must be filed at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served five (5) court days in advance of the hearing.

CRITICAL

The written response must be provided and lodged no later than ten days after the complaint is provided to the evaluator, the other party, and the Court.

A written response from the evaluator (and the other party, at their election) shall be provided to both parties, as well as lodged with the court, no later than ten (10) days after the complaint was provided to the evaluator, the other party, and the Court.

CRITICALCivil cases

A party served with the summons and complaint must file the necessary responsive pleadings within the time frames stated in the summons.

Each party that has been served with summons and complaint shall file and serve all necessary responsive pleadings according to the time frames set forth in the summons.

CRITICALCivil cases

Deadline

10 calendar days

If the parties cannot agree on a facilitator, each side must submit a written rejection to the ADR Coordinator within ten calendar days, identifying no more than one rejected name.

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.

CRITICALCriminal cases

Deadline

45 court days

The District Attorney’s Office has 45 court days to file an objection to the petition.

The District Attorney’s Office shall have forty-five (45) court days to file an objection.

CRITICAL

The depository’s receipt and a copy of the order must be filed forthwith upon deposit of the funds.

The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds.

CRITICAL

Written notice requesting a reporter must be filed with the clerk ten days before the proceeding.

The party requesting a reporter shall file ten (10) days’ advance written notice to the clerk of his/her request to have a reporter present during any of these proceedings.

CRITICAL

The completed FCS Intake Sheet is due at the time the Request for Order is filed.

Petitioners and Respondents with minor children who are referred to Family Court Services for custody and visitation matters are required to submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request for Order.

CRITICALCriminal cases

Deadline

45 court days

If the District Attorney objects to the motion or petition, 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,

CRITICALCivil cases

Deadline

10 court days

Parties must lodge their settlement conference statements with the Court at least ten court days before the settlement conference.

At least ten (10) court days before the settlement conference, parties shall lodge a settlement conference statement with the Court.

CRITICALCivil cases

The parent’s declaration must be on file before the hearing date.

Where delivery of the assets is to be made to the minor's parent, the declaration by the parent complying with the provisions of Probate Code § 3401 must be on file before the hearing date.

CRITICAL

Court-appointed attorneys must submit billings at least annually and may not bill for services spanning multiple years, regardless of who pays.

Attorneys appointed by the Court to represent parties shall submit billings for their services at least once per year and may not bill for services that span multiple years. This rule is applicable whether or not the Court, the County of Marin or the individual parties are responsible for paying for these legal services.

CRITICAL

Deadline

10 court days

BBSC Statements must be filed no later than ten court days before the conference.

The parties/counsel shall file and serve their BBSC statements on opposing party/counsel, the assigned Judge Pro Tem, and the two assigned BBSC panelists [no later than ten (10) court days before the BBSC].

CRITICAL

The conservator must file the applicable change-of-residence notice within the timeframe required by law.

Whenever the address of the conservatee is changed, the conservator must file a Pre-Move Notice of Change of Residence (Judicial Council Form GC-079) or a Post-Move Notice of Change of Residence (Judicial Council Form GC-080) within the timeframe required by law.

CRITICAL

Deadline

30 calendar days

A letter plea may set the defendant’s next appearance no more than 30 calendar days after the plea is entered.

The letter plea may set a date for next appearance by the defendant not to exceed thirty (30) calendar days from the date that the plea is entered.

CRITICALCriminal cases

Deadline

5 calendar days

For a defendant arrested, booked, and released on one of the listed charges, an arraignment date must be set no later than five calendar days after booking or the original citation.

A defendant who is arrested, booked and released for any of the following charges shall have an arraignment date set no later than five (5) calendar days from the date of booking or original citation:  Penal Code § 243(e)(1)  Penal Code § 266j  Penal Code § 273a  Penal Code § 269  Penal Code § 273.5  Penal Code § 286  Penal Code § 245  Penal Code § 288  Penal Code § 261  Penal Code § 288.5  Penal Code § 261.5  Penal Code § 288.7  Penal Code § 266h  Penal Code § 288.a  Penal Code § 266i  Penal Code § 289  Penal Code § 422

CRITICAL

The account must be filed within ten weeks after the accounting period concludes.

The account shall be filed within ten (10) weeks of the conclusion of the accounting period.

CRITICAL

Deadline

10 court days

Parties must lodge a settlement conference statement at least 10 court days before the conference.

At least ten (10) court days before the settlement conference, parties shall lodge a settlement conference statement with the Court.

CRITICAL

Applies to

Statement of issues or notice of settlement

Each party must file and serve a Statement of Issues or notice of settlement at least five court days before the hearing.

At least five (5) court days before the scheduled hearing, each party shall file and serve a Statement of Issues or a notice of settlement.

CRITICAL

The General Plan is due within 60 days of appointment of a conservator.

A General Plan for the care, custody and control of the conservatee must be filed within sixty (60) days of appointment of a conservator.

CRITICAL

After the deadline passes without an opening brief, the court sends a Notice of Impending Dismissal and dismisses without a hearing if no response is received within the stated timeframe.

When the time for filing briefs in any matter in which the appellate division has jurisdiction has expired either pursuant to the California Rules of Court or as extended by court order and no opening brief has been filed, the court will send a Notice of Impending Dismissal. If the court receives no response to the notice within the time frame provided, it shall enter a dismissal without a hearing.

CRITICAL

Deadline

17 court days

The competency evaluation receipt date must be set 17 court days after proceedings are initially suspended and an expert is appointed.

The scheduled for Receipt of the Competency Evaluation shall be set 17 court days after the Court initially suspends criminal proceedings and appoints an expert to evaluate the minor’s competency.

CRITICAL

If no response is received within the time frame stated in the notice, the court will dismiss the matter without a hearing.

If the court receives no response to the notice within the time frame provided, it shall enter a dismissal without a hearing.

CRITICAL

When the court sets the joint assessment hearing out the full 15 Court days to allow a more complex assessment, the report must be filed with the court five days before the hearing.

In certain circumstances, the Court may detemine that the joint assessment hearing may need to be set out the full 15 Court days in order to facilitate the completion of a more complex assessment. In this case, the report will be filed with the court five days before the hearing.

CRITICALCivil cases

The nominated trustee’s consent must be on file before the hearing on the petition for distribution to the trustee.

If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee.

CRITICALCriminal cases

Defendants or their counsel must request modifications on or before the court-ordered due date to qualify for Clerk’s Office review.

Defendants or their counsel must make requests for modifications timely, meaning on or before the court ordered due date, in order to be eligible for review in the Clerk’s Office.

CRITICALCivil cases

The petitioner must file the income and expense declaration before the hearing.

The petitioner shall file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150)

CRITICAL

Applies to

Responsive pleading

A party served with a summons and complaint must file responsive pleadings by the time frames stated in the summons.

Each party that has been served with summons and complaint shall file and serve all necessary responsive pleadings according to the time frames set forth in the summons.

CRITICAL

Deadline

5 court days

Experts must be disclosed at least five court days before the hearing.

Experts must be disclosed at least five court days prior to the hearing.