Marin Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Final account hearing notice

If the personal representative is also the conservator, the devisees and heirs must be notified.

If the personal representative is the same as the conservator, the devisees and heirs must be notified.

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

Applies to

Summons and qualification forms

Service

Mail

Summons and qualification forms are sent to prospective jurors by first-class mail.

The specified summons and qualification forms will be sent by first-class mail.

CRITICAL

Applies to

Discovery motion

A copy of the discovery motion must be served on the Court hearing the matter 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

Applies to

Order for repayment of costs and legal services

The JUV013 order 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

The moving party must serve its support calculations and declaration with the reply.

The moving party's calculations/declaration shall be filed and served with the reply.

CRITICAL

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

Service

Publication

If a technical defect appears in a notice published by an executor with power of sale who proceeds with the sale, the executor must publish a new notice.

If an executor having power of sale in the Will publishes a notice of sale of the real property and proceeds with the sale and a technical defect appears, the defect cannot be cured by exercising the executor's power of sale. The executor must publish a new notice.

CRITICAL

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

Deadline

60 calendar days

Applies to

Complaint or cross complaint

The plaintiff or cross-complainant must serve the complaint or cross-complaint and file proof of service within 60 calendar days after filing it.

The plaintiff or cross-complainant shall serve the complaint or cross- complaint and file a proof of service within sixty (60) calendar days of filing the complaint or cross-complaint.

CRITICAL

Applies to

Final account hearing notice

For a final account after the conservatee's death, notice of the settlement hearing must be given to the appointed probate personal representative, or if none, the personal representative named in the will, or if none, any beneficiary known to the conservator.

On final accounts where the conservatorship has been terminated by death of the conservatee, the Court will require that notice of the hearing on the settlement of the final account be given to the personal representative of the probate estate, if one has been appointed or if none, to the personal representative named in the conservatee's will, or if none, to any beneficiary of the conservatee so far as is known to the conservator.

CRITICALCivil cases

The conservator must serve a copy of the fee-deferral petition on the investigator.

and serve a copy of the petition on the investigator.

CRITICAL

Service

Electronic service

Covered parties must serve documents electronically unless law requires personal service, and attorneys subject to the rule and consenting self-represented parties may not object to electronic 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. Attorneys who are subject to this rule, and self-represented parties who have consented to electronic filing and service, may not object to electronic service.

CRITICAL

Service

Electronic service

Attorneys subject to the rule and self-represented parties who consented to electronic service may not object to it.

Attorneys who are subject to this rule, and self-represented parties who have consented to electronic filing and service, may not object to electronic service.

CRITICALCivil cases

The petition, a copy of the proposed inventory and appraisal, and the hearing notice must be served on all persons 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

When a will or codicil is not mentioned in the 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

Each party must serve the listed Issue Conference documents by the 10-court-day deadline.

Not later than ten (10) court days before an Issue Conference, each party shall file and serve the following:

CRITICALCivil cases

Service

Mail

A copy of the declaration must be mailed to everyone entitled to notice of the proceedings.

A copy of the declaration must be mailed to persons entitled to notice of the proceedings.

CRITICAL

Service

Personal service

Notice of a guardian appointment petition must comply with Probate Code §§ 1510–1511, including personal service on specified persons.

Notice of petition must comply with Probate Code §§ 1510-1511. Note that these sections require personal service on specified persons.

CRITICALCivil cases

Proof that notice was given must be filed before the hearing.

Proof of the giving of notice shall be filed prior to the hearing

CRITICALCivil cases

Deadline

5 court days

Each party must serve 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.

CRITICALCivil cases

Applies to

Documents described in mcr civ 2 3

When a cross-complaint names new parties, the cross-complainant must serve those parties copies of the five MCR Civ 2.3 documents at the same time the cross-complaint is served.

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

Applies to

Required ex parte documents

All required ex parte documents must be served on the opposing party or attorney at the first reasonable opportunity before the hearing.

All required documents shall be served on the opposing party/attorney at the first reasonable opportunity before the hearing.

CRITICALCivil cases

In conservatorship proceedings, the hearing notice and petition must be served on the conservatee and the conservatee’s attorney unless the court dispenses with notice 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.

CRITICALCivil cases

For a final account while the conservatee is living, the conservatee must be served, and the proof of notice must show receipt of both the notice and petition.

On final accounts where the conservatee is living, the conservatee must be served. In such cases, the proof of notice must clearly indicate that the conservatee received a copy of the notice and the petition.

CRITICAL

Applies to

Petition for distribution

Unless the Court dispenses with notice, the petitioner must serve notice of the hearing at least 15 days beforehand on the listed interested persons and entities.

Unless the Court has ordered that notice be dispensed with, at least fifteen (15) days before the time set for the hearing of a petition for partial, preliminary or final distribution, the petitioner shall cause notice of the time and place of hearing to be served on the following: 1. Each non-petitioning personal representative or non-petitioning personal co- representative. 2. The devisees/heirs whose interest in the estate is affected by such petition. 3. The heirs of the decedent in intestate or partially intestate estates. 4. The State of California, if any portion of the estate is to escheat to it. 5. The persons who have filed a Request for Special Notice. 6. The persons (and to their attorney, if they have appeared by attorney) who have given notice of appearance in the estate in person or by attorney. 7. If the personal representative is also the trustee, the income beneficiaries of the trust must be noticed. 8. In an insolvent estate, all creditors having filed creditors' claims must be noticed.

CRITICAL

Applies to

Declaration

Service

Mail

Mail the declaration to the defaulting party with the Request to Enter Default (FL-165).

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

CRITICALCivil cases

Applies to

Responsive pleadings

Each party that has been served with summons and complaint shall file and serve all necessary responsive pleadings according to the time frames set forth in the summons.

Each party that has been served with summons and complaint shall file and serve all necessary responsive pleadings according to the time frames set forth in the summons.

CRITICAL

Applies to

Notice of hearing

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

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

CRITICAL

Notice is required to a non-petitioning personal representative or fiduciary and, when appropriate, to residuary beneficiaries or, for an insolvent estate, major creditors.

Notice will be required to a non-petitioning personal representative or fiduciary and when appropriate, to the residuary beneficiaries, or in an insolvent estate, to the major creditors.

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 dispute remains unresolved.

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

10 court days

BBSC Statements must be served on the opposing party or counsel, the assigned Judge Pro Tem, and both assigned panelists no later than ten court days before the conference.

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].

CRITICAL

Posting may be ordered only if the court finds the petitioner eligible for a waiver of court fees and costs.

Posting may be ordered only if the court finds that the petitioner is eligible for a waiver of court fees and costs.

CRITICAL

Service

Electronic service

Parties must comply with the cited requirements and conditions governing electronic service.

Parties must comply with all requirements and conditions for electronic filing and service as set forth in Code of Civil Procedure section 1010.6(a)(1), (3), (4), (b)(1), (2), (5) and CRC Rules 2.250 through 2.253, 2.256, 2.257, and 2.259.

CRITICAL

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

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.

CRITICAL

Applies to

Property declaration

A completed Property Declaration, when used as the stated alternative, must be served with the Request to Enter Default.

written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Service

Publication

An executor with power of sale must publish a new notice if a technical defect appears in the notice already published.

If an executor having power of sale in the Will publishes a notice of sale of the real property and proceeds with the sale and a technical defect appears, the defect cannot be cured by exercising the executor's power of sale. The executor must publish a new notice.

CRITICAL

Applies to

Hearing notice

For youth in custody, hearing notice 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.

CRITICALCivil cases

Notice for ex parte matters must follow the California Rules of Court applicable to civil ex parte matters, subject to the stated exceptions.

Subject to the following exceptions, notice shall be provided in accordance with the California Rules of Court (CRC) applicable to civil ex parte matters.

CRITICALCriminal cases

Applies to

Motion papers

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 then.

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

Notice

The § 388 petitioner must serve the notice on the parties or their attorneys, the child advocate, and others required by law, unless the Court orders that notice be dispensed with.

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.

CRITICAL

A written response must be provided to both parties.

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

Trust matters brought under the specified Probate Code sections 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

Service

Personal service

Notice of a guardianship petition must comply with Probate Code §§ 1510-1511, including personal service on specified persons.

Notice of petition must comply with Probate Code §§ 1510-1511. Note that these sections require personal service on specified persons.

CRITICAL

All required ex parte documents must be served on the opposing party or attorney at the first reasonable opportunity before the hearing.

All required documents shall be served on the opposing party/attorney at the first reasonable opportunity before the hearing.

CRITICAL

Applies to

Supplemental financial documentation

Each party must serve the required supplemental financial materials on the opposing party in the specified proceedings.

In all proceedings where child or spousal support, attorney’s fees, or Family Code §271 sanctions are an issue, in addition to filing completed Income and Expense Declarations, each party is required to serve on the opposing party and lodge (under seal) the following additional financial information and documentation: copies of the party’s two most recent state and federal income tax returns and all K-1's for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2's, 1099's and K-1's); and copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity. A self-employed party shall provide their most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business.

CRITICALCivil cases

Service

Publication

Required publication must appear in one of the listed newspapers adjudicated for publication in Marin County.

Publication must take place in one of the newspapers adjudicated for publication in Marin County which are: Ark Newspaper; Marin Independent Journal; Marinscope (Mill Valley Herald; Novato Advance; Ross Valley Reporter; San Rafael News Pointer; Sausalito Marin Scope; Twin Cities Times; Marin County Post) Pacific Sun; The Point Reyes Light.

CRITICALCivil cases

For a final account after the conservatee’s death, hearing notice must go to the probate estate’s personal representative, or, if none, the personal representative named in the will, or, if none, any beneficiary known to the conservator.

On final accounts where the conservatorship has been terminated by death of the conservatee, the Court will require that notice of the hearing on the settlement of the final account be given to the personal representative of the probate estate, if one has been appointed or if none, to the personal representative named in the conservatee's will, or if none, to any beneficiary of the conservatee so far as is known to the conservator.

CRITICAL

When representation or counsel changes, notice of the hearing on a compensation petition must be given to the prior representative, fiduciary, or counsel unless one of the stated exceptions applies.

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