Marin Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

5 calendar days

Applies to

241 1 assessment report and hearing notice

For youth not detained, the report and hearing notice must be given to all parties at least five calendar days before the hearing.

A copy of the report and notice of the hearing will be given to all parties at least 5 calendar days before the hearing.

CRITICAL

Applies to

Criminal case documents

Service

Electronic service

Represented parties in criminal cases must electronically serve documents, except for the specified bail-forfeiture motion and appeal.

Represented parties in criminal matters shall file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure 1016.6, and the authorities cited in Local Rule 1.51(B) above except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture.

CRITICAL

Applies to

Joint assessment report

For youth in custody, copies of the joint assessment report must be provided to parties at least two days before the hearing.

Copies of the joint assessment report will be provided to parties at least two days before the actual hearing.

CRITICAL

Deadline

1 court days

Notice to opposing parties that oral argument is requested may be given by telephone or in person and must be made by 4:00 p.m. on the court day before the hearing.

If a party wants to present oral argument or disagrees with the tentative ruling, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e. it is not necessary to speak with counsel or parties directly.)

CRITICAL

The plaintiff or cross-complainant must serve the summons and complaint together with the five documents described in MCR Civ 2.3.

The plaintiff or cross-complainant shall serve the summons and complaint together with the five documents described in MCR Civ 2.3.

CRITICAL

Applies to

Motion to seal

Service

Electronic service

A motion to file documents under seal must be served electronically.

A motion to file documents under seal must be filed and served electronically.

CRITICAL

The petitioner must serve the opposing party with the listed documents, including the custody-jurisdiction declarations when applicable.

The petitioner shall serve the following documents on the opposing party: 1. Summons, Petition, and petitioner’s completed Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 2. Blank form of Response 3. Blank Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 4. Notice of Case Assignment 5. Notice of Case Progress Conference

CRITICALCivil cases

Service

Publication

When an unmentioned will or codicil is presented in an amended petition, a new Notice of Petition to Administer Estate must be published and mailed.

Any other wills or codicils not specifically mentioned in the petition must be presented to the Court in an amended petition and a new Notice of Petition to Administer Estate must be published and mailed.

CRITICAL

For a youth in custody, notice of the joint assessment hearing must be given to all parties at least five days before the hearing.

Notice of the hearing will be given to all parties at least five days before the hearing date.

CRITICAL

Service

Publication

The attorney must arrange for publication; the Clerk is not responsible for doing so.

It is the responsibility of the attorney to arrange for publication; the Clerk does not have this responsibility.

CRITICAL

Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.

Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.

CRITICAL

Applies to

Motion

A motion requesting other specified relief must be served on both the evaluator and the other party.

Such motion shall be served on the evaluator as well as the other party.

CRITICAL

Applies to

Hearing notice and petition

In conservatorship proceedings, the hearing notice and petition must be served on the conservatee and any attorney for the conservatee unless service is dispensed with for good cause.

Unless dispensed for good cause, notice of the hearing and a copy of the petition must be served on the conservatee as well as any attorney for the conservatee in all conservatorship proceedings.

CRITICAL

After an order is signed and filed, the party who prepared it must provide conformed copies to all parties.

Once an order is signed by the Court and filed, the party preparing the order shall provide conformed copies to all parties.

CRITICAL

The attorney is responsible for obtaining Letters and arranging the required notice and publication.

The attorney is responsible for obtaining Letters, including notice and publication.

CRITICAL

Unless exceptional circumstances exist, an ex parte hearing will not be conducted unless the required service has been made.

Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.

CRITICAL

Trust matters brought under Probate Code sections 15000–19403 require thirty days’ notice.

Trust matters brought under sections of the Probate Code applicable to trust (Probate Code §§ 15000-19403) require thirty (30) days’ notice.

CRITICALCivil cases

Applies to

Summons and complaint

The plaintiff or cross-complainant must serve the summons and complaint together with the five documents described in MCR Civ 2.3.

The plaintiff or cross-complainant shall serve the summons and complaint together with the five documents described in MCR Civ 2.3.

CRITICAL

Applies to

Support calculation and explanatory declaration

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

Notice must be given to the devisee of specifically devised property, all residuary beneficiaries, and the original purchasers whose bid is returned for confirmation.

Notice shall be given to the devisee of specifically devised property and to all residuary beneficiaries. The original purchasers of the property whose bid is being returned to Court for confirmation shall also be noticed.

CRITICAL

A subpoena for a CCR counselor’s or evaluator’s deposition or trial appearance must be hand delivered to Family Court Services at least ten days beforehand, with required fees deposited.

Any subpoena requiring the appearance of a Family Court Services CCR counselor/evaluator at deposition or trial shall be hand delivered to Family Court Services at least ten (10) days prior to the appearance date with fees deposited as required by Government Code § 68097.2.

CRITICAL

The requesting party must mail or personally deliver a copy of the continuance request to every other party.

The requesting party shall mail or personally deliver a copy of the continuance request to each of the other parties to the action.

CRITICAL

A court-approved electronic filing vendor must serve the designated parties after converting and filing the documents.

The vendor must then convert those documents to electronic form, file them with the Clerk of the Court, and serve designated parties as provided.

CRITICAL

Notice must be given to the Attorney General and any foreign consulate as required by the Probate Code.

Notice must be given to the Attorney General and foreign consulate as required by the Probate Code.

CRITICAL

Applies to

Hearing notice and assessment report

Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.

Additionally, notice of the hearing and copies of the assessment report must be provided to parties 5 days before the hearing.

CRITICAL

Service

Personal service

Unless the Court orders otherwise for good cause, the Public Guardian must personally serve the Public Defender with notice of the proposed ex parte application at least five days before appointment of a temporary conservator.

Unless the Court for good cause otherwise orders, not less than five (5) days before the appointment of a temporary conservator, the Public Guardian shall personally serve notice of the proposed ex parte application for appointment on the Public Defender.

CRITICAL

Applies to

Family law petition documents

The petitioner must serve the listed summons, petition, forms, and notices on the opposing party, including the UCCJEA declarations if applicable.

The petitioner shall serve the following documents on the opposing party: 1. Summons, Petition, and petitioner’s completed Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 2. Blank form of Response 3. Blank Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 4. Notice of Case Assignment 5. Notice of Case Progress Conference

CRITICAL

A motion seeking other specified relief after the Court’s determination must be served on the evaluator and the other party.

If either party or attorney for a minor is not satisfied with the Court’s determination, they may file a motion requesting other specified relief. Such motion shall be served on the evaluator as well as the other party.

CRITICAL

The written response must be provided to both parties and lodged with 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

Service

Publication

Notice of intention to sell real property must be published in the specified probate matters, subject to the stated exceptions, in a newspaper published in the county where the property lies.

Notice of Intention to Sell Real Property must be published in decedents' estates (except for estates in which there is a power of sale in the will or estates being administered under full IAEA) and in all conservatorships/guardianships unless the Court has granted the conservator/guardian power to sell. Publication must be in a newspaper published in the county in which the real property lies.

CRITICALCivil cases

Applies to

Settlement conference statement

Service

Mail

A party excused by the Court from e-filing must mail its settlement conference statements to the settlement panelists.

If excused by the Court from E-filing, the excused party shall mail the statements to the settlement panelists.

CRITICALCivil cases

Service

Publication

If mailing is correct but publication is defective, the matter must be taken off calendar and new notice must be given by publication and mailing.

If the mailing is correct but the publication defective, the matter must be taken off calendar and a new notice must be given by publication and mailing.

CRITICALCivil cases

Notice must be given to the persons listed in Probate Code §§ 1510, 1511, 1821, and 1822.

Notice must be given to the persons listed in Probate Code §§ 1510, 1511, 1821 and 1822.

CRITICALCivil cases

The party requesting a continuance must mail or personally deliver a copy of the request to every other party.

The requesting party shall mail or personally deliver a copy of the continuance request to each of the other parties to the action.

CRITICAL

Applies to

Noticed motion

A noticed motion must be accompanied by proof of service to be accepted by the Court Clerk.

No noticed motion shall be accepted by the Court Clerk unless it is accompanied by a proof of service.

CRITICAL

Service

Electronic service

The stated attorney-represented parties must electronically serve documents unless statute or rule requires personal service.

As authorized by Code of Civil Procedure section 1010.6(d) and CRC 2.253(b)(1)(A), and subject only to the exceptions in Local Rules 1.51(B)(2), 1.51(B)(3), and 1.51(B)(4) below, all parties represented by attorneys in all civil cases (including Family, Juvenile Dependency, and Probate cases), all Appellate Division cases, as permitted by law must file and serve documents electronically, except when personal service is required by statute or rule.

CRITICAL

Applies to

Ex parte decision or calendar notice

The applicant must serve noticed parties with the Court’s decision or calendaring notice and notify all persons entitled to notice of any hearing date and time set.

The applicant is responsible for serving all noticed parties with copies of the Court’s decision or notice that the Court has calendared the matter, and the applicant shall notify all persons entitled to notice of any hearing date and time set by the Court.

CRITICAL

Applies to

Cross complaint

When a cross-complaint names new parties, the cross-complainant must serve those parties the five documents described in MCR Civ 2.3 when serving the cross-complaint.

If a cross-complaint names new parties, the cross-complainant shall serve copies of the five documents described in MCR Civ 2.3 on the new parties at the same time the cross-complaint is served.

CRITICAL

Deadline

2 court days

The competency evaluation report must be delivered to the Judge, Probation Officer, District Attorney, and Defense Counsel two court days before the hearing.

The Competency Evaluation Report shall be delivered to the Judge, Probation Officer, District Attorney and Defense Counsel two court days before the Competency Hearing.

CRITICAL

Applies to

Final account

When the conservatee is living, the conservatee must be served in connection with the final account.

On final accounts where the conservatee is living, the conservatee must be served.

CRITICALCivil cases

These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition.

These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition.

CRITICAL

Notice must be given to the Probate Court Investigator in all conservatorship and guardianship matters.

Notice to the Probate Court Investigator shall be given in all conservatorship and guardianship matters.

CRITICAL

Moving, opposition, and reply papers must be served on opposing counsel or self-represented parties by the filing date using a method designed to ensure actual receipt by that date.

All moving, opposition and reply papers must be served upon opposing counsel (or self- represented parties) on or before the date set for filing of such papers. Such delivery may be affected by personal delivery, courier or other certified mail carrier, or any other means designed to ensure actual receipt by the due date in compliance with this rule.

CRITICAL

Applies to

Declaration of non resolution

When facilitation does not resolve a discovery dispute, each party must serve the Declaration of Non-Resolution as well as file it.

If a discovery dispute is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve a pleading entitled “Declaration of Non-Resolution.”

CRITICAL

Deadline

5 court days

Applies to

Discovery motion

A copy of the discovery motion must be served on the hearing judge’s Court at least five judicial days before the hearing.

A copy shall be served on the Court before whom the matter is scheduled to be heard at least five (5) judicial days before the hearing date.

CRITICAL

Service

Publication

The Notice of Intention to Sell Real Property must be published in a newspaper in the county where the property is located, subject to the stated estate and conservatorship/guardianship exceptions.

Notice of Intention to Sell Real Property must be published in decedents' estates (except for estates in which there is a power of sale in the will or estates being administered under full IAEA) and in all conservatorships/guardianships unless the Court has granted the conservator/guardian power to sell. Publication must be in a newspaper published in the county in which the real property lies.

CRITICAL

Applies to

Ex parte application or written opposition

Appearing parties must serve the ex parte application or written opposition on all other appearing parties at the first reasonable opportunity; absent exceptional circumstances, the hearing will not proceed without service.

Parties appearing at the ex parte hearing shall serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.

CRITICAL

The Order for Repayment of Costs and Legal Services (JUV013) must be served on the responsible party and appointed counsel at the conclusion of a financial hearing.

An Order for Repayment of Costs and Legal Services, Local Form (JUV013) shall be prepared and served on the responsible party and appointed counsel at the conclusion of a financial hearing.

CRITICAL

Applies to

Ex parte application

Before presenting an ex parte order for approval, the applicant must give notice and a copy of the application to the specified recipients by 10:00 a.m. one court day beforehand.

Before submitting ex parte orders to a judge for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, social workers, probation officers, parents and/or legal guardians who are not represented by counsel by 10:00 a.m. one (1) court day prior to presentation to the Court.

CRITICALCivil cases

Service

Publication

A special administrator may not receive IAEA powers until proper publication and notice have been completed.

A special administrator cannot be granted powers under the Independent Administration of Estates Act (IAEA) unless proper publication and notice has been completed.