Marin Superior Court Document Format Requirements

CRITICAL

The doctor's declaration must use the Judicial Council form.

A doctor's declaration on the Judicial Council Form is required stating not only that the proposed conservatee suffers from a deficit, but how that deficit prevents the proposed conservatee from functioning.

CRITICAL

All referenced exhibits must be bookmarked.

All referenced exhibits must be bookmarked.

CRITICAL

A party requesting mailed conformed copies must provide a properly sized, self-addressed stamped envelope with sufficient postage.

Parties requesting that the Court mail them conformed copies of their filings must provide a self-addressed stamped envelope of proper size and with sufficient postage.

CRITICAL

Every page of a proposed order submitted for signature must have a footer containing the order’s title.

Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page.

CRITICALCivil cases

All referenced exhibits must be bookmarked.

All referenced exhibits must be bookmarked.

CRITICAL

Parties must provide copies, not originals, of documents they want the CCR Counselor to consider.

Parties shall not submit original documents (e.g., school records, medical records, etc.) to the CCR Counselor. If parties wish to provide documents to the CCR Counselor to be considered in the CCR Counselor’s report and recommendations to the Court, the parties shall provide copies of these documents to the CCR Counselor.

CRITICAL

The signature and date lines cannot appear alone on a page, and the signature page must include text of the order.

The signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.

CRITICAL

A jury-suitable instruction must contain only its title and text, without additional words, marks, emphasis, or symbols.

"Form suitable for submission to the jury" means the title and text of the instruction only, without any additional words, marks, emphasis, or symbols on the page.

CRITICAL

Applies to

Proposed order after hearing

Format

PDF

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

CRITICAL

A proposed order submitted for signature must have a footer stating the order’s title on every page.

Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page.

CRITICALCivil cases

Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading.

Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading.

CRITICALCivil cases

Filers excused from e-filing must submit an original and one copy of the specified filings; the copy should be labeled and contain the same tabs and highlighting as the original.

The following applies to those who have been excused by the Court from E-filing. A filing must include an original and one copy of each motion, petition for writ of mandate, attachment or possession, preliminary injunction, demurrer, and all other papers filed in support or opposition. The copy should be identified as such on the upper right-hand corner of the document and should contain the same items as the original with regard to tabs, etc., including any highlighting.

CRITICAL

A copy of a relevant prior court order must not be attached.

A copy shall not be attached

CRITICALCivil cases

Accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and comply with the Probate Code.

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code.

CRITICAL

A proposed order’s signature and date lines cannot stand alone on a page, and the signature page must include text of the order.

The signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.

CRITICAL

Attorneys and parties must not modify the Arraignment Plea and Counsel Form.

Attorneys and parties shall not modify the Arraignment Plea and Counsel Form.

CRITICALCivil cases

Documents filed in civil law and motion proceedings must comply with the cited California Rules of Court provisions.

All documents presented for filing in any civil law and motion proceeding must comply with the Civil Law and Motion Rules of the California Rules of Court (CRC), commencing with CRC 3.1110 et seq., as well as CRC 2.100 et seq.

CRITICAL

Previously filed documents must not be attached to a pleading, pending motion, or request for order.

Parties shall not attach previously filed documents to a pleading, pending motion or request for order.

CRITICAL

A copy of a relevant prior court order must not be attached.

A copy shall not be attached

CRITICALCriminal cases

For the stated eligible misdemeanor proceedings, a letter plea uses the Court's CR016 form, which attorneys and parties must not modify.

A letter plea on the Court's Arraignment Plea and Counsel Form (CR016) may be filed for first appearance in a misdemeanor case excluding charges of violence, or first appearance on a petition to revoke probation or diversion after a misdemeanor case has been filed. 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. Attorneys and parties shall not modify the Arraignment Plea and Counsel Form.

CRITICAL

Any deviation from a CALCRIM instruction’s form must be emphasized by underlining or another discernible method.

Any deviation from the form of CALCRIM instruction shall be emphasized by underscoring or other discernible method.

CRITICAL

Applies to

Civil law and motion filing

Documents filed in civil law and motion proceedings must comply with CRC 3.1110 et seq. and CRC 2.100 et seq.

All documents presented for filing in any civil law and motion proceeding must comply with the Civil Law and Motion Rules of the California Rules of Court (CRC), commencing with CRC 3.1110 et seq., as well as CRC 2.100 et seq.

CRITICAL

Those excused from e-filing must submit an original and one copy of each listed filing and supporting or opposing paper.

The following applies to those who have been excused by the Court from E-filing. A filing must include an original and one copy of each motion, petition for writ of mandate, attachment or possession, preliminary injunction, demurrer, and all other papers filed in support or opposition.

CRITICALCivil cases

Motions in limine must be written and consecutively numbered; written oppositions, responses, or statements of non-opposition must be filed at least five court days before the Issue Conference.

All motions in limine must be in writing and consecutively numbered. 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

Probate, guardianship, conservatorship, and trust accounts must be typewritten and conform to the Probate Code.

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code.

CRITICAL

Previously filed documents must not be attached to a pleading, pending motion, or request for order.

Parties shall not attach previously filed documents to a pleading, pending motion or request for order.

CRITICAL

Format

PDF

Each document requiring a separate filing must be submitted as its own individual PDF.

Each document that requires a file stamp and to be docketed as a separate filing must be electronically filed as its own individual and separate PDF document (e.g., Motion, Memorandum of Points and Authorities, Declaration, Notice, Proof of Service, Request, Response, Opposition, etc.).

CRITICAL

Those excused from e-filing must submit an additional copy to receive a conformed copy, and the Court will conform no more than two copies of a pleading at filing.

The following applies to those who have been excused by the Court from E-filing. If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies of any pleading at the time of filing.

CRITICALCivil cases

Mandatory Judicial Council forms must be used, and approved Judicial Council forms may be used in conservatorship proceedings.

Judicial Council forms designated as mandatory must be used and approved Judicial Council forms may be used.

CRITICAL

Deposition excerpts must show the original page numbers clearly and highlight the material testimony.

The original page numbers of the deposition must be clearly visible, and the material portions of the deposition testimony shall be highlighted.

CRITICAL

Each exhibit must be bookmarked unless the court has excused the filing party from e-filing.

Unless the party filing the exhibits has been excused by the court from E-filing (see MCR 7 Fam 7.4) each exhibit must be bookmarked.

CRITICALCivil cases

A party requesting a conformed copy must submit an additional copy, and the Court will conform no more than two copies of a pleading at filing.

If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies of any pleading at the time of filing.

CRITICALCivil cases

Each copy of a holographic instrument offered for probate must be accompanied by a typewritten copy.

When a holographic instrument is offered for probate, all copies presented must be accompanied by a typewritten copy.

CRITICAL

Mandatory Judicial Council forms must be used, while approved Judicial Council forms are permitted.

Judicial Council forms designated as mandatory must be used and approved Judicial Council forms may be used.

CRITICAL

Applies to

Filed pleading

Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading.

Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading.

CRITICAL

Demurrers and the specified motions must include the operative pleading as an exhibit.

For demurrers, motions to strike, motions for judgment on the pleadings, and motions for summary judgment / summary adjudication, parties shall attach the operative pleading as an exhibit.

CRITICALCivil cases

To receive conformed copies by mail, parties must provide a properly sized, sufficiently stamped self-addressed envelope; otherwise, the copies will be held in the Clerk’s Office Will Call cabinet for up to 60 calendar days.

Parties requesting that the Court mail them conformed copies of their filings must provide a self- addressed stamped envelope of proper size and with sufficient postage. If no envelope is provided, the conformed copy will be placed in the Will Call cabinet in the Clerk’s Office in Room 113 for a maximum of sixty (60) calendar days. If the envelope provided or the postage is insufficient to mail the conformed copy, it will be placed in the Will Call cabinet for a maximum of sixty (60) calendar days.

CRITICALCivil cases

Courtesy copies must be submitted in an indexed binder, with each motion separately bookmarked as required by CRC 3.1110(f).

These copies shall be submitted in an indexed binder and each motion shall be separately bookmarked in a manner consistent with the requirements set forth in CRC 3.1110(f).

WARNINGCivil cases

Material portions of submitted medical reports, depositions, photographs, and records must be highlighted on every copy.

1. Pertinent excerpts of medical reports, depositions, photographs, and records with material portions highlighted on all copies submitted;

WARNING

Courtesy copies must be submitted in an indexed binder, with each motion separately bookmarked in accordance with CRC 3.1110(f).

Not later that than five (5) court days before the Issue Conference, the parties shall provide courtesy hard copies of all documents listed in 2.15 B and C directly to the trial department. These copies shall be submitted in an indexed binder and each motion shall be separately bookmarked in a manner consistent with the requirements set forth in CRC 3.1110(f).

WARNING

Applies to

Proposed order

Format

PDF

The covered probate proposed orders must be submitted in PDF format.

Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.

WARNING

Referenced exhibits must be properly tabbed for the court’s easy reference.

Exhibits. All referenced exhibits must be properly tabbed for easy reference by the Court.

WARNING

A letter plea on Form CR016 may be filed for a first appearance in a nonviolent misdemeanor case or for a first appearance on a petition to revoke probation or diversion after a misdemeanor case has been filed.

A letter plea on the Court's Arraignment Plea and Counsel Form (CR016) may be filed for first appearance in a misdemeanor case excluding charges of violence, or first appearance on a petition to revoke probation or diversion after a misdemeanor case has been filed.

WARNING

Motions in limine and their responses must be written and numbered, with each response numbered to match its motion.

All motions in limine must be in writing and consecutively numbered. 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. Each opposition, response, or statement of non-opposition must be numbered to correspond to the applicable motion in limine.

WARNINGCivil cases

Referenced exhibits must be properly tabbed for the Court’s easy reference.

All referenced exhibits must be properly tabbed for easy reference by the Court.

WARNINGCriminal cases

Any deviation from a CALCRIM instruction's form must be emphasized by underscoring or another discernible method.

Any deviation from the form of CALCRIM instruction shall be emphasized by underscoring or other discernible method.

WARNING

Paper pleadings and documents submitted to the Clerk, except trial exhibits, must not be stapled and must instead be held together with binder clips or two-prong fasteners.

Any pleadings or documents (except for trial exhibits) that are submitted to the Clerk of the Court in paper format must not be stapled but instead must be held together by binder clips or two-prong fasteners.

WARNING

Deposition excerpts must include the transcript title page with the deponent’s name and deposition date, only relevant pages, visible original page numbers, and highlighted material portions.

Deposition testimony must be preceded by the title page of the transcript indicating the name of the deponent and the date of deposition; only relevant pages of the transcript shall be included. The original page numbers of the deposition must be clearly visible, and the material portions of the deposition testimony shall be highlighted.

WARNING

All exhibits must be electronically bookmarked.

All exhibits must be electronically bookmarked (referred to in these Marin County Local Rules as “bookmarked”) for ease of reference.

WARNING

Applies to

Proposed order

Format

PDF

An instructed proposed order after hearing must be submitted in PDF format.

If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020.