Marin Superior Court Service and Proof of Service Rules

CRITICALCivil cases

Unless the Court dispenses with notice, the petitioner must serve notice of the hearing on a petition for partial, preliminary, or final distribution at least 15 days before the hearing on the listed 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

Deadline

5 calendar days

For a youth not in custody, a copy of 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

A subpoena for a Family Court Services CCR counselor or evaluator to appear at a deposition or trial must be hand delivered to Family Court Services at least 10 days before the appearance.

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

Service

Publication

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

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

Service

Publication

The attorney, not the Clerk, must arrange for publication.

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

CRITICAL

Applies to

Written communication to family court services

A party submitting a written communication to Family Court Services about issues 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

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

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

CRITICAL

Copies of changes to an address or telephone number must be provided to the Court Investigator.

Copies of all changes of address or telephone number must be provided to the Court Investigator.

CRITICALCivil cases

All parties entitled to notice of the underlying petition must receive notice of a pre-hearing continuance request.

All parties entitled to notice of the underlying petition must receive notice.

CRITICAL

Notice must be given to the devisee of specifically devised property, all residuary beneficiaries, and original purchasers whose bids are returned to the Court 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

In proceedings involving child or spousal support, attorney’s fees, or Family Code section 271 sanctions, each party must serve the required supplemental financial materials on the opposing party.

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:

CRITICAL

Service

Publication

A special administrator may not receive IAEA powers unless 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.

CRITICAL

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

Notice of substitution of counsel

Notice of substitution of counsel must be served on counsel for all parties of record.

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

CRITICAL

Parties appearing at an ex parte hearing must serve the application or any written opposition on all other appearing parties at the first reasonable opportunity.

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.

CRITICAL

A minor over ten in a Juvenile Dependency matter must be notified of the right to attend hearings, but need not attend.

In Juvenile Dependency matters, any minor over ten (10) years of age must be notified of their right to be present at hearings but are not required to be present.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICAL

Deadline

5 court days

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

The evaluator-complaint notice must be provided to the evaluator and the other party.

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 party requesting a continuance must provide the opposing party with a copy of the Stipulation and Order.

A Stipulation and Order must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party.

CRITICAL

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.

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.

CRITICALCivil cases

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

A petition by a court-appointed evaluator to withdraw must be served on all parties.

A Court-appointed evaluator may petition the Court to withdraw from a case. Any such petition shall be served on all parties, and may be made on any of the following grounds:

CRITICAL

Notice must be provided in accordance with the California Rules of Court for 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.

CRITICAL

A copy of a fee-deferral petition must be served on the investigator.

If the conservator believes these fees should be deferred, the conservator shall file a petition (Judicial Council Form FW-001) requesting deferral of fees and serve a copy of the petition on the investigator.

CRITICAL

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

A court-approved filing vendor must serve the designated parties as provided.

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

A proposed conservatee’s inability to understand the proceeding or attend is not a valid reason to dispense with notice.

The fact that a proposed conservatee may not understand the proceeding or be unable to attend is not a reason for dispensing with notice.

CRITICALCivil cases

After a change of personal representative or substitution of counsel, notice of a distribution-petition hearing must be given to the prior representative and substituted counsel unless one of the stated waiver, compensation-agreement, or prior-allowance conditions 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

Applies to

Ex parte application

Before presenting an ex parte application, the applicant must give the specified people notice and a copy by 10:00 a.m. one court day beforehand, unless an stated exception excuses notice.

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. Notice may be excused for good cause or if the giving of such notice would frustrate the purpose of the order. Notice may also be excused, if following a good faith attempt, the giving of notice is not possible.

CRITICAL

Applies to

Property declaration

When relying on a Property Declaration for a property division or confirmation of separate property, attach and serve it with the Request to Enter Default.

No division of community property (assets or debts) or confirmation of separate property will be ordered, unless there is either an attached 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

Mail

A copy of the conflict-disclosure declaration must be mailed to everyone entitled to notice of the proceeding.

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

CRITICAL

A person or agency seeking Juvenile Court documents or records must notify 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

Responsive pleading

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

Deadline

1 court days

Notice requesting oral argument may be given to opposing parties by telephone or in person by 4:00 p.m. on the court day before the hearing; direct conversation with counsel or the parties is not required.

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.)

CRITICALCivil cases

Applies to

Notice of ex parte application

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

Documents provided to ccr counselor

Service

Email to opposing party

Documents sent to the CCR Counselor must be emailed to the specified address with the opposing party or their attorney copied at the same time.

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.

WARNING

A party who has filed and served an exemption request 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.

WARNING

A party may serve pleadings by hand during trial only with Court permission, and must also serve them electronically by the stated deadline.

During trial and with permission from the Court, a party may submit to the courtroom clerk, and serve by hand any pleadings, as long as the pleadings are also filed and served electronically by the party before the close of business no later than the following court day.

WARNING

Service

Mail to all parties

Parents receive appointment letters by certified mail with return receipt requested, but may request email or regular first-class mail by submitting Local Form FL079 to Family Court Services.

Both Parents will receive a certified letter, with return receipt requested, advising them of the date, time and location of their appointment. If a parent prefers to receive the appointment letter via email or regular first class mail, they may fill out and deliver Local Form FL079 to Family Court Services.

WARNINGCivil cases

No notice or appearance is required for the listed pro forma matters, subject to the stated special-notice conditions for petitions to decrease bond.

Due to the pro forma nature of the following matters, no notice or appearance is required for the following: a. Ex Parte Order to Increase Bond (CRC 7.204 and 7.207) b. Ex Parte Petition to Decrease Bond if: i. There are no requests for special notice; or ii. All parties who requested special notice have waived notice. c. Order Appointing Court Investigator (Government Code § 330) d. Ex Parte Order Regarding Completion of Capacity Declaration (Government Code § 335) e. Order Appointing Probate Referee (Local Form PR010). f. Order Appointing Regional Center and Public Defender (Local Form PR039). g. Petition for Final Discharge h. Exceptions stated in CRC 3.1207

WARNING

Applies to

Evidence

The evidence will then be served at the same time as the SC-120.

The evidence will then be served at the same time as the SC-120.

WARNING

If the respondent cannot be found for service, the petitioner may request an order authorizing service by publication or posting.

If the respondent cannot be found to be served a summons, the petitioner may request an order for service of the summons by publication or posting.

WARNING

Applies to

Evidence

Evidence attached to Form SC-100 is served at the same time as that form.

The evidence will then be served at the same time as the SC-100.

WARNING

Service by facsimile or electronic transmission is permitted when the parties agree.

Service transmission by facsimile or electronic transmission is permitted if the parties agree.

WARNING

Counsel should notify the original purchaser or the purchaser’s agent of the hearing’s time and place and advise them to attend.

Counsel should give notice to the original purchaser or his their agent of the time and place of hearing and advise that they be in Court for the hearing.

WARNINGCivil cases

A proposed conservatee’s possible lack of understanding or inability to attend does not justify dispensing with notice.

The fact that a proposed conservatee may not understand the proceeding or be unable to attend is not a reason for dispensing with notice.

WARNING

Applies to

Petition for conservatorship

If the proposed conservatee has executed a power of attorney, the attorney-in-fact should receive notice of the conservatorship petition.

If the proposed conservatee has executed a power of attorney, the attorney-in-fact should receive notice of the petition for conservatorship.

WARNING

A document or exhibit exempt from electronic filing may be filed manually with the Clerk and served on the parties by non-electronic means.

Such a document or exhibit may be manually filed with the Clerk of the Court and served on the parties by non-electronic means.