Marin Superior Court Service and Proof of Service Rules

WARNING

In appropriate circumstances, the Court may require appointment of and notice to a guardian ad litem for potential beneficiaries whose interests may significantly diverge from those of current beneficiaries.

In appropriate circumstances the Court may require the appointment of and notice to the guardian ad litem for potential beneficiaries if their interest may diverge significantly from those of the beneficiaries in being.

WARNING

Self-represented parties may continue to serve and receive paper documents unless they affirmatively agree in writing to electronic service.

Self-represented parties are not required to file and serve documents electronically. (CRC 2.253(b)(2).) Self-represented parties may continue to file, serve, and receive paper documents by non-electronic means according to all statutory requirements and the California Rules of Court that apply to paper documents, unless the self-represented party affirmatively agrees in writing to electronic filing and service.

WARNING

Notice may be excused for good cause or when giving notice would frustrate the order’s purpose.

Notice may be excused for good cause or if the giving of such notice would frustrate the purpose of the order.

WARNINGCivil cases

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.

WARNING

Notice may be excused when it is impossible to give notice despite a good-faith attempt.

Notice may also be excused, if following a good faith attempt, the giving of notice is not possible.

WARNING

Applies to

Pleadings

Service

Personal service

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.

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

If publication is correct but mailing is defective, the hearing normally will be continued long enough to allow a new mailing.

If the publication is correct but the mailing defective, the hearing normally will be continued to allow enough time for the required new mailing.

WARNING

Applies to

Document or exhibit

A qualifying document or exhibit may be manually filed 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.

WARNING

Represented parties entitled to service in juvenile cases need not receive documents electronically, but may consent by filing form JUV022 with the Clerk and serving it on all parties.

Represented parties in juvenile cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving all parties, a Consent to Electronic Service and Notice of Electronic Service Address, local form (JUV022).

WARNINGCivil cases

Service

Mail to all parties

If postponement serves the interests of justice, the Court will postpone the hearing and notify all parties of the new hearing date by mail.

If the Court finds that the interests of justice would be served by postponing the hearing, the Court will postpone the hearing and will notify all parties by mail of the new hearing date.

WARNINGCivil cases

Applies to

Evidence

Plaintiffs are encouraged to attach evidence to Form SC-100; attached evidence is served at the same time as the form.

Small Claims plaintiffs are encouraged to attach their evidence (documents and/or photographs) to their Plaintiff’s Claim and ORDER to Go to Small Claims Court (Form SC- 100). The evidence will then be served at the same time as the SC-100.

WARNING

The court may order service by posting only if the petitioner is 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.

WARNINGCivil cases

Applies to

Evidence

Defendants are encouraged to attach evidence to Form SC-120; attached evidence is served at the same time as the form.

Small Claims defendants are encouraged to attach their evidence (documents and/or photographs) to their Defendant’s Claim and ORDER to Go to Small Claims Court (Form SC- 120). The evidence will then be served at the same time as the SC-120.

WARNING

The Court may require further notice if it considers the notice already given insufficient.

Whenever the Court deems that the notice which has been given is insufficient, it may require such further and additional notices to be given as it deems proper.

WARNING

Service

Mail to all parties

If postponement serves the interests of justice, the Court will postpone the hearing and notify all parties of the new date by mail.

If the Court finds that the interests of justice would be served by postponing the hearing, the Court will postpone the hearing and will notify all parties by mail of the new hearing date.

WARNING

The excerpt states that no notice or appearance is required for an ex parte petition to decrease bond if there are no requests for special notice; the stated conditions continue beyond this excerpt.

b. Ex Parte Petition to Decrease Bond if: i. There are no requests for special notice; or

WARNING

Represented parties entitled to service need not receive documents electronically, but may consent by filing and serving local form JUV022.

Represented parties in juvenile cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving all parties, a Consent to Electronic Service and Notice of Electronic Service Address, local form (JUV022).

WARNING

If the respondent cannot be found for service, the petitioner may request an order for 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

Service

Court service

The Court will provide the petition to the District Attorney’s Office.

The Court will provide a copy of the petition to the District Attorney’s Office.

WARNING

The beneficiary notice requirement applies to testamentary trusts and pourover wills to an inter vivos trust.

This notice requirement applies to both testamentary trusts and pourover wills to an inter vivos trust.

WARNING

No notice or appearance is required for an ex parte order to increase 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)

INFOCriminal cases

The Court will provide the District Attorney’s Office with a copy of the petition.

The Court will provide a copy of the petition to the District Attorney’s Office.

INFOCivil cases

If the Court considers the notice given insufficient, it may require additional notice as it deems proper.

Whenever the Court deems that the notice which has been given is insufficient, it may require such further and additional notices to be given as it deems proper.

INFO

Applies to

Statement of agreement disagreement

A party who files the FL027 statement may serve it before the custody or visitation hearing.

Both parties may file and serve a Statement of Agreement/Disagreement with Family Court Services Recommendations (FL027), which is a Local Form available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin, at any time before the custody/visitation hearing.

INFO

Service

Mail to all parties

When a motion or Request for Order is filed in person, parties will receive notice by mail or another non-electronic method.

If filed in person, parties will receive notice via mail or other non-electronic notice.

INFO

For motions or Requests for Orders filed in person, parties will receive notice by mail or another non-electronic method.

If filed in person, parties will receive notice via mail or other non-electronic notice.

INFOCivil cases

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

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

INFO

Service

Electronic service to all parties

For electronically filed motions or Requests for Orders, the Court will notify parties electronically.

If filed electronically, parties will be noticed electronically by the Court.

INFO

Applies to

Statement of agreement disagreement with fcs recommendations

Either party may serve Form FL027 before the custody or visitation hearing.

Both parties may file and serve a Statement of Agreement/Disagreement with Family Court Services Recommendations (FL027), which is a Local Form available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin, at any time before the custody/visitation hearing.

INFO

Service

Publication

Publication of the notice under Probate Code § 8120 covers instruments offered for probate that are filed with and specifically referred to in the petition.

The publication of Notice of Petition to Administer Estate under Probate Code § 8120 is sufficient to include all instruments which are offered for probate, filed with and specifically referred to in the petition for which notice is given.

INFOCivil cases

Service

Publication

Publication of the Notice of Petition to Administer Estate covers instruments offered for probate that are filed with and specifically referenced in the petition.

The publication of Notice of Petition to Administer Estate under Probate Code § 8120 is sufficient to include all instruments which are offered for probate, filed with and specifically referred to in the petition for which notice is given.

INFO

The facilitator may choose to serve all parties or their counsel and file with the court a report summarizing the dispute and contentions and providing any legal or factual analysis.

The Discovery Facilitator may at their option, serve on all parties or their counsel of record and file with the Court, a report containing a brief summary of the dispute and the parties’ contentions, and any legal or factual analysis made by the Discovery Facilitator regarding the dispute.

INFO

Service

Electronic service to all parties

When a motion or Request for Order is filed electronically, the Court will give parties electronic notice.

If filed electronically, parties will be noticed electronically by the Court.

INFO

Service

Mail

Parents receive appointment notices by certified letter unless they request email or regular first-class mail using Local Form FL079.

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.

INFOCriminal cases

Facsimile or electronic service transmission is permitted if the parties agree.

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