Marin Superior Court Filing Timing and Cure Windows

CRITICAL

Deadline

5 court days

If the facilitator does not resolve a pending motion or request for order, each party must file and serve a Declaration of Non-Resolution five court days before the hearing.

If a pending motion or request for order is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve five (5) court days prior to the hearing a pleading entitled “Declaration of Non-Resolution” no longer than three pages briefly summarizing the remaining disputed issues and each party’s contentions.

CRITICALCriminal cases

Deadline

5 court days

In felony cases, the listed trial submissions are due at least five court days before the motions-in-limine hearing; 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 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.

CRITICALCivil cases

If no dismissal has been filed, plaintiff’s or cross-complainant’s counsel must file a declaration 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.

CRITICALCivil cases

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.

CRITICALCivil cases

Plaintiff’s or cross-complainant’s counsel must file the captioned uninsured-motorist declaration with the complaint or cross-complaint, or within ten 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.

CRITICALCriminal cases

For defendants who did not previously sign up for traffic violator school, late completion must occur 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

Form FL-326 must be submitted within ten days after the evaluator is appointed.

Appointment of a private child custody evaluator shall be in compliance with CRC 5.225 on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-326 to the Court Executive Officer within ten (10) days of his/her appointment, as required by CRC 5.225(1)(a)(B).

CRITICAL

Deadline

1 court days

Pleadings submitted and hand-served during trial must also be electronically filed and served before 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

Deadline

5 calendar days

If the discovery dispute is resolved while a motion or request for order is pending, the moving party must withdraw the motion and have it dropped from calendar 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

The evaluator must submit Form FL-326 within 10 days of appointment.

Appointment of a private child custody evaluator shall be in compliance with CRC 5.225 on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-326 to the Court Executive Officer within ten (10) days of his/her appointment, as required by CRC 5.225(1)(a)(B).

CRITICAL

The Court must issue a written statement about appropriate action on the complaint within 10 days after receiving the evaluator’s response.

Within ten (10) days after receipt of the evaluator’s response the Court shall issue a written statement as to what action, if any, it deems appropriate to deal with the complaint including, but not limited to, finding that the complaint is not justified and no action will be taken, setting a settlement conference, setting a hearing, appointing an adjunct evaluator, or removing the evaluator from the case.

CRITICAL

The ex parte application must be filed before the hearing, and the filing fee or an Application and Order for Fee Waiver must be 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

The ADR Coordinator must be notified of an agreement within 10 calendar days after the stipulation or order; if the parties cannot agree, each side must submit a written rejection naming no more than one facilitator within that 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.

CRITICALCivil cases

The Court will not enter a confirmation order requiring additional bond until that bond has been filed.

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

CRITICAL

The supplemental 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.

CRITICAL

Deadline

10 calendar days

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

Reporting notes must be lodged within thirty days of reporting.

The notes may be lodged by email at courtreporter@marin.courts.ca.gov or by submitting a CD to the Clerk of the Court within thirty (30) days of reporting.

CRITICAL

Applies to

Responsive pleading

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.

CRITICALCriminal cases

Deadline

30 court days

If the District Attorney objects to the petition, the matter must be set for hearing within 30 court days.

If the District Attorney objects to the petition, the matter shall be set for hearing within thirty (30) court days.

CRITICAL

The court must hold the temporary-conservatorship change-of-residence hearing within seven days after the petition is filed.

The court is required to hold a hearing within seven (7) days after a petition is filed.

CRITICALCivil cases

A Probate Referee appraisal, and a reappraisal when the stated one-year condition applies, must be on file before the return-of-sale hearing.

In order for a private sale to be confirmed, there must be on file an appraisal by the Probate Referee of the property and, if required, a reappraisal by the Probate Referee if the decedent's date of death or guardian's or conservator's appointment occurred more than one year before the date of the confirmation hearing. The appraisal and reappraisal shall be on file prior to the hearing date on the return of sale.

CRITICALCivil cases

The Inventory and Appraisal is due 90 days after appointment.

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

CRITICAL

Deadline

5 court days

If the facilitator does not resolve a pending dispute, each party must file and serve a Declaration of Non-Resolution five court days before the hearing.

If a pending motion or request for order is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve five (5) court days prior to the hearing a pleading entitled “Declaration of Non-Resolution” no longer than three pages briefly summarizing the remaining disputed issues and each party’s contentions.

CRITICAL

Deadline

48 hours

In-custody felony arraignments must be heard on the morning calendar and within 48 hours of booking.

All in-custody felony arraignments shall be heard on the morning calendar, and within 48 hours of booking.

CRITICALCivil cases

Deadline

5 court days

Each party must file a Statement of Issues or notice of settlement at least five court days before the scheduled 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

Deadline

30 court days

If the District Attorney objects, the matter must be set for hearing within 30 court days.

If the District Attorney objects to the petition, the matter shall be set for hearing within thirty (30) court days.

CRITICALCivil cases

The court must hold a hearing within seven days after the petition is filed.

The court is required to hold a hearing within seven (7) days after a petition is filed. (Probate Code § 2253(c)).

CRITICAL

The non-lead agency must submit its assessment for a Court report to the primary worker/officer at least 5 days before the report is due to be filed.

• Writing and submitting assessment for Court reports to the primary worker/officer no later than 5 days before the report must be filed.

CRITICALCivil cases

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

The request to elevate an infraction charge to a misdemeanor must be completed before the courtesy-notice due date.

10. Before the due date on the courtesy notice and upon completion of written Request to Elevate Infraction Charge to Misdemeanor (Form TR027), re-file infraction charges as misdemeanors and set matters on calendar for arraignment [e.g. Business & Professions Code § 25662; Penal Code § 555; Vehicle Code §§ 12500(a), 23109(a), (b) and (c), 14601.1(a), pursuant to Penal Code § 17(d)].

CRITICAL

The appointed attorney must submit Form FL-322 within 10 days after appointment and before beginning work on the case.

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

Any required appraisal and reappraisal must be on file before the hearing on the return of sale.

The appraisal and reappraisal shall be on file prior to the hearing date on the return of sale.

CRITICAL

The confidential guardianship status report is due annually.

A confidential guardianship status report is due annually on the Judicial Council form.

CRITICAL

The court-reporter request statement must be filed ten days before the trial or 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 written Form TR027 request to elevate an eligible infraction charge must be completed before the due date on the courtesy notice.

Before the due date on the courtesy notice and upon completion of written Request to Elevate Infraction Charge to Misdemeanor (Form TR027), re-file infraction charges as misdemeanors and set matters on calendar for arraignment [e.g. Business & Professions Code § 25662; Penal Code § 555; Vehicle Code §§ 12500(a), 23109(a), (b) and (c), 14601.1(a), pursuant to Penal Code § 17(d)].

CRITICAL

The written evaluator-complaint notice must be lodged within twenty days after the evaluation report is issued.

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.

WARNING

The Court may designate the action as an uninsured-motorist case, suspending the rules’ time requirements for no more than 180 calendar days from the earlier of the complaint filing date or designation date.

Upon review of the required declaration, the Court may designate the action as an uninsured motorist case. 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.

WARNING

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.

WARNING

Where the minor is alleged to have committed a new offense or violation of probation, the deputy probation officer should not avoid filing a new notice or petition merely because there is a pending competency process. The Probation Department should proceed as if there were no competency process under way, and should not wait until the next scheduled court hearing.

Where the minor is alleged to have committed a new offense or violation of probation, the deputy probation officer should not avoid filing a new notice or petition merely because there is a pending competency process. The Probation Department should proceed as if there were no competency process under way, and should not wait until the next scheduled court hearing.

WARNING

The Court must set a case management conference for the end of the suspension period.

The Court shall set a case management conference to be held at the end of the suspension period.

WARNING

Deadline

2 business days

Probation Department staff should file the report with the court at least two business days before the hearing when possible.

The Probation Department staff will file the repo1i with the court at least two business days before the court hearing when possible.

WARNING

If the Declaration of Non-Resolution is not filed before the hearing, the Court will presume the discovery issues are resolved and drop the hearing from calendar.

If the Declaration of Non-Resolution is not filed prior to the hearing date, the Court will presume the discovery issues are resolved and drop the hearing from calendar.

WARNINGCivil cases

Failure to file a required document, or to file it by its deadline, may be deemed consent to granting the motion, except for summary judgment or adjudication motions under Code of Civil Procedure section 437c.

The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting of the motion, but for motions for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c.

WARNING

Deadline

5 court days

If the Declaration of Non-Resolution is filed less than five court days before the motion’s calendar date, the court must issue a tentative ruling dropping the hearing from calendar.

If the Declaration of Non-Resolution is filed less than five (5) court days prior to the date the motion is on calendar, the Court shall issue a tentative ruling, dropping the hearing from calendar.

WARNING

The Court may decline to consider a memorandum or other document filed after the applicable statutory deadline.

The Court may decline to consider any memorandum or other document not filed within the deadline set by the applicable statute.

WARNING

Deadline

15 court days

Within 15 court days, the Managing Attorney must inform the complainant in writing of the findings and whether any action was taken.

Within fifteen (15) court days, the Managing Attorney will inform the complainant in writing of their findings and whether any action was taken.

WARNING

Failure to file a required document, or to file it by its deadline, may be deemed consent to granting the motion, except for summary judgment and adjudication motions under Code of Civil Procedure section 437c.

The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting of the motion, but for motions for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c.

WARNING

Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate whether by the attorney for the representative or outside counsel should be requested in advance

Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate whether by the attorney for the representative or outside counsel should be requested in advance

WARNING

Assessments for Court reports must be submitted to the primary worker or officer at least 5 days before the report is filed.

Writing and submitting assessment for Court reports to the primary worker/officer no later than 5 days before the report must be filed.

WARNINGCivil cases

The Court may decline to consider a memorandum or other document filed after the applicable statutory deadline.

The Court may decline to consider any memorandum or other document not filed within the deadline set by the applicable statute.