Marin Superior Court Filing Timing and Cure Windows

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.

CRITICAL

The complaint notice must be provided and lodged with the Court within 20 days after the evaluation report issues.

Written notice of a complaint, specifying the conduct objected to, shall be provided to the evaluator and the other party and lodged with the Court by direct delivery to the judicial officer to whom the case is assigned for all purposes within twenty (20) days after issuance of the evaluation report.

CRITICAL

Deadline

5 calendar days

For defendants arrested, booked, and released on the listed charges, an arraignment date must be set within five calendar days of 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:

CRITICAL

Deadline

5 court days

Each party must file the Trial Readiness Conference Statement 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.

CRITICAL

Counsel must file the captioned uninsured-motorist declaration with the complaint or cross-complaint, or within 10 calendar days after learning the action will proceed as an uninsured motorist case.

Plaintiff's or cross-complainant’s counsel shall file a declaration captioned "Request for Temporary Exemption - Uninsured Motorist Case" at the time of filing of the complaint or cross-complaint, or within ten (10) calendar days of learning that an action will proceed as an uninsured motorist case.

CRITICAL

Deadline

1 court days

Pleadings submitted by hand during trial must also be filed 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.

CRITICAL

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.

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

The receipt date for competency evaluations for out-of-custody minors must be set within 30 days.

(Receipts for Competency Evaluations for out of custody minors shall be set within 30 days)

CRITICALCivil cases

A fiduciary or the fiduciary’s attorney must apply immediately for an order increasing the bond upon becoming aware that the bond is insufficient.

A. Duty and Application. It is the duty of the fiduciary or the fiduciary's attorney, upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond.

CRITICAL

Deadline

5 court days

If no dismissal has been filed, counsel must file a declaration describing the arbitration’s status five court days before the case management conference.

If a dismissal has not been filed, plaintiff's or cross- complainant’s counsel shall file a declaration five (5) court days prior to the case management conference. The declaration shall describe the status of the arbitration.

CRITICALCivil cases

Deadline

5 court days

When the parties enter the Program after filing a discovery motion, they must file the Declaration of Non-Resolution at least five court days before the hearing.

If the parties entered the Program after filing a discovery motion, then the Declaration caption shall include the name of the motion and the date of the hearing, and the parties shall file and serve it no later than five (5) court days prior to the hearing.

CRITICALCivil cases

Deadline

5 court days

Oppositions, responses, and statements of non-opposition to motions in limine must be filed no later than five 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

CRITICAL

The written notice requesting a reporter must be filed ten days in advance of 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

Deadline

2 court days

A party seeking to add a matter to the calendar must file a request at least two court days beforehand, absent exigent circumstances, stating the reason and showing that the specified parties and CASA were contacted.

Any party wishing to add a matter to calendar shall file a calendar request at least two (2) court days before the calendar in question (absent exigent circumstances) setting forth the reason the matter is sought to be calendared and showing that the attorneys for all other parties, all self-represented parties, and CASA have been contacted.

CRITICAL

The Inventory and Appraisal is due 90 days from appointment.

The Inventory and Appraisal (I&A) is due ninety (90) days from appointment.

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

Form FL-322 must be submitted within ten days after appointment and before counsel begins work.

Appointment of counsel for a child will be in compliance with Family Code § 3150 and CRC 5.242; any such attorney is required to complete Judicial Council Form FL-322 and submit it to the Court within ten (10) days after being appointed and before the commencement of work on the case.

CRITICAL

A fiduciary or the fiduciary’s attorney must apply immediately for an order increasing the bond upon learning that the bond is insufficient.

It is the duty of the fiduciary or the fiduciary's attorney, upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond.

CRITICALCriminal cases

Defendants who previously signed up for traffic violator school may complete it late only within 60 days after the conviction abstract was sent to the DMV.

8. For defendants who previously signed up for traffic violator school 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.

CRITICALCivil cases

After designation as an uninsured motorist case, rule time requirements are suspended for no more than 180 calendar days, measured from the earlier of the complaint filing date or designation date, and the Court must set a case management conference for the end of the suspension.

Upon such designation, the time requirements under these rules will be suspended for not more than 180 calendar days from the date the complaint or cross-complaint was filed or the date the case was designated an uninsured motorist case, whichever is earlier. The Court shall set a case management conference to be held at the end of the suspension period.

CRITICAL

The court will not enter a confirmation order requiring additional bond until the bond is filed.

If additional bond is required in the confirmation order, the Court will not enter the order until the additional bond is filed.

CRITICALCriminal cases

In misdemeanor cases, the listed trial submissions are due on the date set by the presiding Judicial Officer of Department M when the case is set for trial; absent good cause, untimely submissions will not be considered.

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 on a date to be set by the presiding Judicial Officer of Department M at the time the case is set for trial. Absent a showing of good cause, untimely submissions shall not be considered by the Court.

CRITICAL

The responding party must file and serve its support calculations and declaration with the response.

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

CRITICALCivil cases

If the conservatee regains sufficient capacity to give informed consent to any medical treatment, the conservator must promptly petition under the Probate Code to revoke the prior order granting exclusive consent authority.

If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition pursuant to the Probate Code to revoke any previous order granting the conservator exclusive authority to consent to medical treatment.

CRITICAL

Neither party shall file an At-Issue Memorandum until both parties have served a preliminary declaration of disclosure, or pursued available remedies,

Neither party shall file an At-Issue Memorandum until both parties have served a preliminary declaration of disclosure, or pursued available remedies,

CRITICALCivil cases

The required Letters Testamentary or affidavit must be filed before the hearing date.

Counsel must file a certified copy of Letters Testamentary or the original affidavit required by Probate Code § 13101 before the hearing date.

CRITICAL

Deadline

5 court days

Local form INT001 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

The Court Investigator’s report must be filed at least two days before the hearing.

The Court Investigator’s report must be filed at least two (2) days before the hearing.

CRITICAL

Deadline

30 court days

Afterward, the matter must be set for hearing within 30 court days.

the matter shall thereafter be set for hearing within thirty (30) court days.

CRITICAL

Deadline

5 court days

Felony trial submissions are due at least five court days before the motions-in-limine hearing; untimely submissions will not be considered absent good cause.

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. Absent a showing of good cause, untimely submissions shall not be considered by the Court.

CRITICAL

For a more complex assessment requiring the full 15 Court days, 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.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, opposition papers and supplemental documents must be filed at least five court days before the hearing.

Unless ordered otherwise, all opposition papers and supplemental documents must be filed at least five (5) court days before the hearing.

CRITICALCriminal cases

Deadline

30 court days

After the opposition deadline, the matter must be set for hearing within 30 court days.

and the matter shall thereafter be set for hearing within thirty (30) court days.

CRITICAL

Applicants seeking termination or modification must submit the required forms before the existing restraining order expires.

If the applicant seeks a termination or a modification of an existing restraining order or orders under an existing restraining order, prior to the expiration date on the restraining order the applicant shall submit a Request to Change or End Restraining Order (DV-300), Notice of Court Hearing and Temporary Order to Change or End a Restraining Order (DV-310), and a proposed Order on Request to Change or End Restraining Order (DV-330) and a proposed amended Restraining Order After Hearing (DV-130) and any attachments.

CRITICAL

The required termination or modification papers must be submitted before the existing restraining order expires.

If the applicant seeks a termination or a modification of an existing restraining order or orders under an existing restraining order, prior to the expiration date on the restraining order the applicant shall submit a Request to Change or End Restraining Order (DV-300), Notice of Court Hearing and Temporary Order to Change or End a Restraining Order (DV-310), and a proposed Order on Request to Change or End Restraining Order (DV-330) and a proposed amended Restraining Order After Hearing (DV-130) and any attachments.

CRITICAL

Deadline

2 court days

A party seeking to add a matter to the calendar must file a request at least two court days beforehand, absent exigent circumstances.

Any party wishing to add a matter to calendar shall file a calendar request at least two (2) court days before the calendar in question (absent exigent circumstances) setting forth the reason the matter is sought to be calendared and showing that the attorneys for all other parties, all self-represented parties, and CASA have been contacted.

CRITICALCivil cases

Deadline

10 calendar days

If the parties agree on a Discovery Facilitator, they must notify the ADR Coordinator within ten calendar days after the discovery motion or referral stipulation is filed.

If the parties agree on the selection of a Discovery Facilitator from the list provided, they shall notify the ADR Coordinator within ten (10) calendar days following the filing date of the discovery motion or referral stipulation.

CRITICAL

Deadline

5 court days

Each party must file the questionnaire 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.

CRITICAL

The supplemental financial materials must be served and lodged no later than the due dates for the parties’ moving or responsive pleadings.

These materials shall be served and lodged no later than the dates by which the parties' moving or responsive pleadings are due.

CRITICALCriminal cases

A late traffic violator school certificate submitted 61 days or more after the conviction abstract was sent to the DMV will not be accepted for re-abstracting.

8. To re-abstract the Department of Motor Vehicles upon submission of a late traffic violator school certificate, if submission is sixty-one (61) days or greater from the date a conviction abstract was sent to the Department of Motor Vehicles.

CRITICAL

Misdemeanor trial submissions are due on the date set by the presiding Judicial Officer when the case is set for trial; untimely submissions will not be considered absent good cause.

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 on a date to be set by the presiding Judicial Officer of Department M at the time the case is set for trial. Absent a showing of good cause, untimely submissions shall not be considered by the Court.

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.

CRITICAL

Deadline

5 court days

For a dispute referred after a discovery motion is filed, the Declaration of Non-Resolution must identify the motion and hearing date in its caption and be filed and served at least five court days before the hearing.

If the parties entered the Program after filing a discovery motion, then the Declaration caption shall include the name of the motion and the date of the hearing, and the parties shall file and serve it no later than five (5) court days prior to the hearing.

CRITICAL

The Income and Expense Declaration must be filed with the party’s moving or responsive papers.

A current completed Income and Expense Declaration shall be filed by each party with their moving or responsive papers in all proceedings involving requests for child support, spousal support, attorney’s fees, or other financial relief.

CRITICAL

Changes to the conservator's or attorney's address or phone number must be filed promptly with the Court.

Any changes to the address or phone number of the conservator or attorney must be promptly filed with the Court.

CRITICALCivil cases

Deadline

10 court days

Each party must file the Issue Conference submissions no later than ten court days before the conference.

Not later than ten (10) court days before an Issue Conference, each party shall file and serve the following: 1. Issue Conference Statement; 2. A proposed statement of the case to be read to the jury; 3. Proposed voir dire questions; 4. Proposed jury instructions; 5. Proposed verdict forms; 6. Motions in Limine (if any).

CRITICALCriminal cases

Proposed jury instructions must be submitted before trial commences, notwithstanding the statutory submission timing.

D. Time for Submission. 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.

CRITICAL

The moving party must file and serve its support calculations and declaration with the reply.

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

CRITICAL

Deadline

5 calendar days

If the dispute is resolved while a motion or request is pending, the moving party must withdraw it no later than five calendar days before the hearing.

If a discovery motion or request for order is pending and resolution of the discovery dispute is achieved, no later than five (5) calendar days before the scheduled law and motion hearing date the motion shall be withdrawn by the moving party and dropped from calendar.

CRITICAL

An offer cannot be accepted until the bidding period has expired.

No offer can be accepted until the date on or after the time for making bids expires.