Marin Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Trial readiness conference statement

Each party must serve a Trial Readiness Conference Statement.

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

The complaint must be served on all counsel and self-represented parties.

The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Judicial Officer to whom this case is assigned for all purposes.

CRITICAL

For a youth in custody, copies of the joint assessment report must be provided to the 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

5 court days

Applies to

Responsive papers to order to show cause

Responsive papers to an Order to Show Cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served five (5) court days in advance of the hearing.

CRITICAL

Applies to

Proof of notice

For a living conservatee's final account, the proof of notice must clearly state that the conservatee received the notice and petition.

In such cases, the proof of notice must clearly indicate that the conservatee received a copy of the notice and the petition.

CRITICAL

Deadline

5 court days

Applies to

Declaration of non resolution

Each party must serve its Declaration of Non-Resolution five court days before the hearing if the facilitator does not resolve the pending matter.

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.

CRITICALCivil cases

Service

Publication

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

Service

Email to opposing party

Documents submitted to the CCR Counselor must be provided to the opposing party at the same time and copied to the other party or their attorney of record.

Any documents provided to the CCR Counselor must also be provided to the opposing party at the time they are submitted to the CCR Counselor. Documents shall be submitted to familymediation@marin.courts.ca.gov and copied to the other party and/or their attorney of record.

CRITICAL

After receiving the appointment notice, the parties must promptly deliver necessary pleadings and discovery copies to the Discovery Facilitator.

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

CRITICALCivil cases

Applies to

Order

After the Court signs and files an order, 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 exemption request and proposed order must be served on all parties.

The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICAL

Deadline

5 court days

Applies to

Case progress conference questionnaire

Each party must serve 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

A person or agency seeking juvenile documents or records must give notice to all necessary parties.

The person or agency seeking the documents or records shall give notice to all necessary parties (See W&I Code § 827 and Judicial Council Form JV-570).

CRITICAL

Applies to

Final declarations of disclosure

Parties must file proof of service for their final declarations of disclosure.

The parties are reminded that under Family Code § 2105 they are required to file proof of service of their final declarations of disclosure forty-five (45) days before the date first set for trial.

CRITICALCivil cases

When a conservatorship ends and the conservator is also the personal representative or trustee, notice must be given to the trust beneficiaries.

On termination of a conservatorship if the conservator and the personal representative or trustee are the same person, notice shall be given to the trust beneficiaries.

CRITICALCivil cases

Applies to

Declaration of non resolution

Each party must file and serve a Declaration of Non-Resolution if facilitator assistance does not resolve the discovery dispute.

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

Notice must be given to every living individual or entity identified in the petition for probate.

Notice must be given to all living individuals or entities identified in the petition for probate.

CRITICAL

Notice to creditors must be given as provided in the Probate Code.

Notice to creditors must be given as provided in the Probate Code.

CRITICAL

An evaluator’s petition to withdraw must be served on all parties.

Any such petition shall be served on all parties, and may be made on any of the following grounds:

CRITICAL

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

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

CRITICAL

Deadline

2 court days

Applies to

Competency evaluation report

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.

CRITICALCivil cases

When distribution is to the State of California because there are no known heirs or an heir or devisee cannot be located, the Probate Code’s notification requirements must be followed.

When distribution is to be made to the State of California because there are no known heirs or there is an heir or devisee whose whereabouts is unknown, the notification requirements of the Probate Code must be followed.

CRITICALCivil cases

Applies to

Issue conference submissions

Each party must serve the listed 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).

CRITICAL

Notice must be given to the persons identified in the cited Probate Code sections.

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

CRITICAL

Notice of the substitution of counsel shall be served on counsel for all parties or record.

Notice of the substitution of counsel shall be served on counsel for all parties or record.

CRITICAL

The evaluator must deliver the report to the Court, the parties’ attorneys, and any unrepresented party.

The evaluator shall deliver a copy of the report to the Court and to the parties’ attorneys and to any unrepresented party.

CRITICAL

The complaint notice must be provided to the evaluator and the other party and delivered directly to the assigned judicial officer.

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

The petition, with a copy of the proposed inventory and appraisal, and the notice of hearing must be served on everyone entitled to notice under Probate Code § 8903.

The petition, including a copy of the proposed inventory and appraisal, and notice of hearing shall be served on all persons who are entitled to notice pursuant to Probate Code § 8903.

CRITICAL

Applies to

Request for exemption from mandatory electronic filing and service

The exemption request and proposed order must be served on all parties.

The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICAL

When a personal representative who is named to act or is the sole trustee presents an account or petition affecting a trust beneficiary, notice to beneficiaries is required under Probate Code section 1208.

If a personal representative presents an account or petition that affects the interest of a beneficiary of a trust and the representative is either named to act or is acting as the sole trustee, then the Court will require notice to beneficiaries as required by Probate Code § 1208.

CRITICAL

Service

Mail to opposing party

The declaration must be mailed to the defaulting party with form FL-165.

The Declaration shall be mailed to the defaulting party with the Request to Enter Default (FL-165).

CRITICALCivil cases

Deadline

5 court days

Applies to

Responsive papers to order to show cause

Responsive papers to an Order to Show Cause must be served at least five court days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served five (5) court days in advance of the hearing.

CRITICAL

Applies to

Bench bar settlement conference statement

BBSC statements must be served on opposing counsel or parties, the assigned Judge Pro Tem, and the two assigned panelists.

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].

CRITICALCivil cases

Applies to

Settlement conference statement

Service

Mail

A party excused from e-filing must mail the settlement conference statements to the panelists after submitting them to the Court.

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

CRITICAL

The proof of service must state the date the document was originally served in open court.

The proof of service must reference the date the document was originally served in open court.

CRITICALCivil cases

When a person is acting or will act as sole trustee, notice must be given to beneficiaries as required by Probate Code § 1208.

to act or is acting as the sole trustee, then the Court will require notice to beneficiaries as required by Probate Code § 1208.

CRITICAL

Applies to

Discovery motion

A discovery motion must be served on all parties at least five judicial days before the hearing.

The motion shall be served on all parties at least five (5) judicial days before the hearing date.

CRITICAL

Applies to

Written communication to family court services

A party submitting a written communication to Family Court Services about an issue raised in a Request for Order must provide a copy to the other party at the same time.

Parties who submit written communications to Family Court Services regarding issues raised in the Request for Order must provide a copy to the other party at the same time it is provided to Family Court Services.

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

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

A party who requests an exemption must receive paper service until the court rules on the request.

A party who files and serves a Request for Exemption from Mandatory Electronic Filing and Service must be served with documents in paper form until the court rules on the Request for Exemption.

CRITICAL

A person filing a W&I Code § 388 petition must serve the notice on the listed recipients, unless the Court orders otherwise.

The person filing the W&I Code § 388 petition, shall serve a copy of the notice on each of the parties or their attorneys, the child advocate and others as prescribed by law. Notice may be dispensed with upon Order of the Court.

CRITICALCivil cases

Hearing notice must be given in accordance with the Probate Code.

Notice of hearing shall be given in accordance with the Probate Code.

CRITICAL

Deadline

5 court days

Applies to

Statement of issues or notice of settlement

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

CRITICALCivil cases

Notice must be given to the Probate Court Investigator in every conservatorship and guardianship matter.

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

CRITICAL

Applies to

Criminal document

Service

Electronic service

Represented parties in criminal matters must serve documents electronically, subject to the stated exceptions.

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

Petition for distribution

After a change of personal representative or substitution of counsel, notice of a distribution-petition hearing must go to the prior representative and substituted counsel unless one of the stated exceptions applies.

If there has been a change of personal representative or a substitution of counsel, notice of hearing on any petition for distribution must be given to such prior representative and any substituted counsel unless: 1. A waiver of notice is executed by the prior representative or counsel is on file or included with the petition; or 2. An agreement on the allocation of compensation is on file or included with the petition; or 3. The file and petition demonstrate that the commissions the prior personal representative or the fees of the substituted counsel have been previously provided for and allowed by the Court.

CRITICAL

If a child receives public assistance and the County is the support assignee, pertinent current financial documents must be provided to DCSS.

If any child is a recipient of public assistance, and the County is the assignee of the support, the statement shall show that the DCSS has been notified of the time and date of the BBSC and provided copies of all pertinent, current financial documents (i.e., Income and Expense Declaration, Support Calculations, etc.).

CRITICAL

The complaint must be served on all counsel and self-represented parties.

The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Judicial Officer to whom this case is assigned for all purposes.

CRITICAL

Applies to

Trial readiness conference statement

Each party must serve 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.