Marin Superior Court Pre-Motion Conference Requirements

CRITICALCivil cases

After a discovery motion is filed, the Court refers the dispute to the Program, and the parties and facilitator must promptly begin the resolution process upon the facilitator’s appointment.

After the filing of a discovery motion, the Court shall refer the dispute to the Program. All discovery motions will be referred to the discovery facilitation process. The parties and the discovery facilitator shall promptly commence the resolution process upon the discovery facilitator’s appointment.

CRITICAL

Within ten calendar days after the discovery motion or referral stipulation is filed, the parties must notify the ADR Coordinator of an agreed facilitator or each side must submit a written rejection of no more than one listed facilitator.

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. 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.

CRITICAL

For unresolved civil discovery disputes, parties must use the Discovery Facilitator Program, and reasonable, good-faith participation before filing satisfies the meet-and-confer requirement.

For any discovery dispute in a civil case that the parties cannot resolve informally in the meet and confer process, it shall be the policy of the Marin County Superior Court to require use of the Discovery Facilitator Program (“the Program”). Reasonable and good faith participation in the Program before the filing of a discovery motion satisfies a party’s meet and confer obligation for purposes of this rule.

CRITICALCriminal cases

A Penal Code § 995 motion is assigned to a felony department by clerk rotation or the Supervising Judicial Officer, after which that department sets a briefing schedule and hearing date.

Any motion to dismiss the information pursuant to Penal Code § 995 will be assigned either on a rotation by the clerk or by the Supervising Judicial Officer of the Criminal Division to a felony department for hearing. Upon assignment, the case will be added to the assigned department to set a date for a briefing schedule and hearing.

CRITICAL

After a discovery motion is filed, the court refers the dispute to the Program, and the parties and facilitator must promptly begin the resolution process after appointment.

After the filing of a discovery motion, the Court shall refer the dispute to the Program. All discovery motions will be referred to the discovery facilitation process. The parties and the discovery facilitator shall promptly commence the resolution process upon the discovery facilitator’s appointment.

CRITICAL

Pre-hearing discovery must proceed informally under CRC 5.546, and a party may petition the Court for discovery only after informal means are exhausted.

Pre-hearing discovery shall be conducted informally in accordance with CRC 5.546. Only after informal means have been exhausted may a party petition the Court for discovery.

CRITICALCivil cases

Before filing a discovery motion, parties must reasonably and in good faith attempt to resolve each issue informally.

Parties must reasonably and in good faith attempt informal resolution of each issue in any discovery dispute in a civil case prior to filing a discovery motion.

CRITICAL

Before filing a discovery motion in a civil case, parties must make a reasonable, good-faith attempt to resolve each disputed issue informally.

Parties must reasonably and in good faith attempt informal resolution of each issue in any discovery dispute in a civil case prior to filing a discovery motion.

CRITICALCivil cases

For a civil discovery dispute that parties cannot resolve informally, the Court’s policy is to require use of the Discovery Facilitator Program.

For any discovery dispute in a civil case that the parties cannot resolve informally in the meet and confer process, it shall be the policy of the Marin County Superior Court to require use of the Discovery Facilitator Program (“the Program”).

CRITICAL

A party must exhaust informal discovery means before petitioning the Court for discovery.

Only after informal means have been exhausted may a party petition the Court for discovery.

CRITICAL

Any Request for Order or Motion to Compel Discovery is immediately referred to the Discovery Facilitator Program upon filing.

Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program.

CRITICAL

Depositions and other listed or similar civil discovery methods require the Juvenile Court Judge’s approval upon noticed motion.

There shall be no depositions, requests for production of documents, interrogatories, requests for admissions or other similar types of civil discovery without approval of the Judge of the Juvenile Court upon noticed motion.

CRITICAL

Upon receiving notice of the facilitator’s appointment, the parties must promptly deliver the pleadings and discovery needed to resolve the dispute to the facilitator.

Upon receipt of the “Notice of Appointment of Discovery Facilitator,” the parties shall promptly deliver to the Discovery Facilitator copies of the pleadings and discovery necessary to facilitate resolution of the dispute.

CRITICAL

Before a contested evidentiary hearing is set, parties must make a reasonable, good-faith effort to resolve the dispute in person if possible or otherwise by telephone.

Prior to the setting of a contested evidentiary hearing, a party or their respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference.

WARNINGCivil cases

All parties are expected to participate in good faith in the Program or another appropriate dispute-resolution process before the matter is set for hearing.

In furtherance of this policy, all parties to a discovery dispute are expected to participate in good faith in the Discovery Facilitator Program or another appropriate form of dispute resolution before the matter is set for hearing.

WARNING

After assignment, a Penal Code § 995 motion is added to the assigned department to set a briefing schedule and hearing date.

Any motion to dismiss the information pursuant to Penal Code § 995 will be assigned either on a rotation by the clerk or by the Supervising Judicial Officer of the Criminal Division to a felony department for hearing. Upon assignment, the case will be added to the assigned department to set a date for a briefing schedule and hearing.

WARNING

Before filing a discovery motion, the parties may request referral to the Discovery Facilitator Program by filing a referral stipulation with the court.

The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation for such a referral with the Court.

WARNING

An RFO or motion to compel discovery is referred immediately to the Discovery Facilitator Program upon filing.

Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program.

WARNING

Parties are expected to participate in good faith in the Program or other dispute resolution before a discovery matter is set for hearing; nonparties are encouraged but not required to participate, and the court may consider their participation.

In furtherance of this policy, all parties to a discovery dispute are expected to participate in good faith in the Discovery Facilitator Program or another appropriate form of dispute resolution before the matter is set for hearing. Nonparties who are the subject of a discovery motion (including third-party recipients of subpoenas or discovery requests) are encouraged, but not required, to participate in the Discovery Facilitator Program or other ADR process. The Court may consider the participation or non-participation of such nonparties in managing how the discovery motion proceeds.

WARNING

Parties to a discovery dispute in a family law case may join the Discovery Facilitator Program by stipulation, or the court may refer them to it by order.

Parties to a dispute regarding discovery in a family law case may participate in the Discovery Facilitator Program by stipulation or shall be referred to the Program by order of the Court.

INFOCivil cases

Good-faith participation in the Program before filing a discovery motion satisfies the party’s meet-and-confer obligation under this rule.

Reasonable and good faith participation in the Program before the filing of a discovery motion satisfies a party’s meet and confer obligation for purposes of this rule.

INFOCivil cases

Nonparties who are the subject of a discovery motion are encouraged, but not required, to participate in the Program or another ADR process.

Nonparties who are the subject of a discovery motion (including third-party recipients of subpoenas or discovery requests) are encouraged, but not required, to participate in the Discovery Facilitator Program or other ADR process.

INFOCivil cases

Before filing a discovery motion, parties may request referral to the Program by filing a stipulation with the court.

The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation with the court.

INFO

Before filing a discovery motion, parties may request referral to the Discovery Facilitator Program by filing a stipulation with the Court.

The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation for such a referral with the Court.