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Marin County, CA
Every published instrument scoped to Marin County, newest effective date first. 0 circuit-wide and 13 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
Showing 1–21 of 21
Citation (1.1); conduct of attorneys (1.2); courtroom dress (1.3); late appearances (1.4); court interpreters (1.5); media coverage (1.6); use of laptops or other electronic devices (1.7); court file retrievals and viewing (1.8); court records research (1.9); copies of court records (1.10); attorneys fees for court-appointed counsel (1.11); check cashing (1.12); payment in coins (1.13); orders to disburse funds (1.14); digital signatures (1.15); the Judicial Fairness Committee (1.16); juror qualification and selection (1.17); court reporters (1.18); public access to judicial administrative records (1.19); remote appearances in the civil, family, probate and appellate divisions (1.20); the notice and warning on sanctions for including social security and financial account information in filed documents (1.21); clerk's office hours (1.22); electronic records (1.50); electronic filing - mandatory electronic filing and service for all parties represented by attorneys in all civil cases (including family, juvenile dependency and probate) and all Appellate Division cases, the documents not filed electronically, self-represented parties, excuse from electronic filing, fee waivers and the date and time of filing (1.51); the definition of judicial day of vacation (1.52); and the interpreter notification for remote appearances, local form INT001 filed at least five (5) court days before the hearing (1.53).
General provisions - citation (2.1) and application of the rules (2.2); administration of civil litigation - forms to be issued by the clerk upon filing of a complaint (2.3), case management conferences (2.4), service of summons and complaint (2.5) and the responsive pleading (2.6); law and motion matters - form and format of papers presented for filing (2.7), miscellaneous general provisions (2.8), hearings (2.9), tentative rulings (2.10), orders (2.11), applications for ex parte orders, provisional remedies and orders shortening time, the time for presenting applications in each department obtained online on the court's civil page (2.12), and the discovery facilitator program (2.13); settlement and issue conferences - the settlement conference (2.14) and the issue conference (2.15); rules for certain civil case types - approval of compromise of a minor's claim (2.16), unlawful detainers (2.17), uninsured motorist cases (2.18) and small claims, continuances requested in writing at least ten (10) calendar days before the hearing date and exhibits (2.19); sanctions (2.20); documents not filed or admitted at hearing or trial (2.21); and procedures for handling mediator complaints (2.22).
Citation (3.1); assignment of criminal matters (3.2); setting of arraignment dates and filing of criminal complaints (3.3); bench warrants (3.4); pleas in misdemeanor cases (3.5); motions (3.6); motions to dismiss pursuant to Penal Code § 995 (3.7); motions for consolidation (3.8); application of overpayments (3.9); the trial readiness conference (3.10); adding cases to calendar (3.11); guardians ad litem (3.12); petitions for dismissal of criminal conviction (3.13); petitions to seal arrest and related records and motions to vacate conviction or sentence (3.14); criminal protective orders involving child custody or visitation (3.15); the enhanced court collections program (3.16); the clerk's office (3.17); modification of terms and conditions of misdemeanor probation (3.18); and mental health diversion petitions (3.19).
Citation (4.1); filings (4.2); court sessions (4.3); arraignments (4.4); continuances (4.5); trial continuances - one continuance of the trial date for each side, the request received by the Traffic Division not fewer than ten (10) calendar days before the trial date (4.6); alternate procedures for judicial review of infraction matters (4.7); adjudication of miscellaneous infraction matters (4.8); court collections (4.9); and application of overpayments (4.10).
Juvenile court rules generally (5.1); attorneys in juvenile court (5.2); informing the court of the interest of the child, access to the minor and notice of change in placement (5.3); requests to modify juvenile court custody orders post dismissal (5.4); the exchange of information among the juvenile dependency, juvenile delinquency, family and probate courts (5.5); assignment of family, probate or domestic violence matters to the juvenile court (5.6); dual status - Marin County is a Dual Status Jurisdiction, the protocol attached as Appendix C (5.7); and the competency protocol attached as Appendix B (5.8).
Introduction (6.1); calendar and procedural matters (6.2); ex parte matters (6.3); the discovery facilitator program (6.4); settlement conferences (6.5); the spousal property petition and election (6.6 to 6.8); the appointment of executors and administrators and proof of wills (6.9 to 6.14); bonds (6.15 to 6.19); inventory and appraisal (6.20 to 6.23); claims procedures (6.24) and notice to creditors (6.25); sales of estate property (6.26 to 6.30); accounts (6.31 to 6.34); distribution of the probate estate (6.35 to 6.46); miscellaneous petitions and orders (6.47 to 6.52); guardianships and conservatorships (6.53 to 6.63) - among them guardianships, the Duties of Guardian form and the Declaration of Proposed Guardian's Viewing of Film, local form FL033/PR033 (6.54), and conservatorships, the Handbook for Conservators (6.57); trusts (6.64 to 6.70); compensation (6.71 to 6.76); and Lanterman-Petris-Short (LPS) conservatorships (6.77).
Administration of family law litigation - citation (7.1), application of the rules (7.2), assignment to judicial officer (7.3), conformed copies of filings (7.4), family centered case resolution (7.5), ex parte matters and orders (7.6) and the special procedures for restraining orders and injunctive relief pertaining to domestic violence (7.7); law and motion and request for order proceedings - format of supporting documents and exhibits (7.8), hearing dates (7.9), continuances (7.10), removing matters from calendar (7.11), hearings and the tentative ruling system (7.12), financial information to be provided to the court (7.13) and child and spousal support proceedings (7.14); discovery matters (7.15 and 7.16); child custody and visitation - procedures (7.17), counsel for child (7.18), child custody evaluations (7.19), supervised visitation (7.20) and the parenting coordinator (7.21); trial setting, readiness and bench/bar settlement conferences (7.22 to 7.25); judgments (7.26 to 7.28); the family law facilitator (7.29 to 7.31); and miscellaneous family law rules - documents not filed or admitted at hearing or trial (7.32), court reporters (7.33), service of summons by publication or posting (7.34) and appointment of elisor (7.35).
Application (8.1); Appellate Division jurisdiction (8.2); writs involving felony matters prior to the defendant being held to answer (8.3); dismissal upon failure to file opening brief (8.4); motions (8.5); and the record on appeal in civil matters (8.6), in felonies and misdemeanors (8.7) and in infractions (8.8).
The protocol Rule 5.8 makes the Juvenile Court's, supplementing Welfare & Institutions Code §709 and California Rule of Court 5.645: introduction (I); informal resolution (II); the legal standard for juvenile competence (III); formal competency proceedings (IV); qualifications and appointment of the expert psychologist (V); the competency hearing (VI); the procedure following a finding of competency or incompetency (VII); the competency attainment program (VIII); and periodic reviews of remedial status (IX).
The dual status protocol Rule 5.7 attaches: the memorandum of understanding and protocol between Marin County Children and Family Services and the Marin County Juvenile Probation Department under Welfare and Institutions Code Section 241.1 and California Rule of Court 5.512 - introduction (I), applicability and amendment (II), screening and assessment (III), dependency and delinquency options and court communication (IV), case planning and supervision (V), data collection and reporting, Attachment A (the Supplemental Order for Dual Jurisdiction Youth) and the signature page.
A standing order of the Presiding Judge (Stephen P. Freccero): actions that may be provisionally designated as complex litigation under California Rules of Court, rule 3.400 designated as such on the Civil Case Cover Sheet (Judicial Council Form CM-010); construction defect, class action, shareholder and LLC member derivative and related insurance coverage claims identified on the face of the complaint; CEQA and PAGA actions provisionally designated as complex; Judicial Council Coordination Proceedings automatically deemed complex; any decision to designate an action as complex under rule 3.403 made by the Presiding Judge, with a retrospective review back to June 20, 2023 limited to open cases, misclassified actions retroactively designated and outstanding fees due (Gov. Code, § 70616); a defendant's counter designation; and sanctions for intentional misrepresentation or improper classification.
A standing order of the Presiding Judge (Stephen P. Freccero) for electronically filed documents in all non-Criminal cases: each document that requires a file stamp and to be docketed as a separate filing must be electronically filed as its own individual and separate PDF document, bundle-submitted documents no longer allowed; each document transmitted so as to generate a unique and individual transaction receipt; attachments still accompany the primary document they support; case initiation documents still filed as a bundle; compliance with CRC 2.250 through 2.261; the Clerk's Office may reject filings for correction that combine documents requiring separate file stamps; page limits, exhibit rules, bookmarking requirements and sealing procedures unchanged.
The schedule the Clerk uses, and the Court may use, to fix attorney's fees in default judgments entered under CCP § 585.5 where the obligation sued upon provides for attorney's fees, except in unlawful detainer actions (fixed at $225.00 or the schedule's fee, whichever is greater); a fee fixed by the Clerk never exceeds the fee prayed for; the six brackets from $1 to $100,001 and over.
Who may petition and the respondent's eligibility under the CARE Act; the petition (CARE-100 with CARE-101 or evidence of two periods of intensive treatment, the latest within 60 days) filed by eDelivery or in person at the Clerk's Office (Room 113); CARE Court hearings in Department L at the Hall of Justice, in person or by Zoom.
The procedures for filing court documents (e-filing mandatory for parties represented by attorneys; in person, the original and at least two copies in Room 113 of the Marin Civic Center between 8:00 a.m. and 4:00 p.m., closed from noon to 1:00 p.m., new cases before 3:30 p.m.; documents needing a judge's signature with a self-addressed stamped envelope); ex parte appearances - the papers and fee delivered by e-filing or, self-represented, in Room 113 no later than 10:00 a.m. one court day before the hearing (probate: two court days), opposition by 3:30 p.m. the court day before, notice to the other parties by 10:00 a.m. one court business day before, DCSS ex partes at the start of the DCSS calendar, and the ex parte calendars (civil Monday to Friday in Courtrooms A, H and L, family law in Courtrooms B, E and G, probate Thursday in Courtroom C, each at 9:00 a.m.); civil research requests ($15 a case).
What a conservator must complete before appointment - Judicial Council form GC-348, the Handbook for Conservators (or its CD from the clerk for $20.00), the film “With Heart: Understanding Conservatorships” and local form PR034, the Declaration of Proposed Conservator’s Viewing of Film, filed with the clerk; the court investigator's interviews before the first hearing; temporary conservatorship petitions filed only with a conservatorship petition.
A court trial scheduled by mail, the online traffic portal or at the Traffic Clerk's Office on or before the due date, with the full bail posted first; contested traffic trials conducted remotely by Zoom unless otherwise notified; one reset of a trial date, requested more than ten calendar days before it; trials by written declaration with the full bail posted (forms TR-200, TR-205 and TR-220).
The case types the court accepts by e-filing (civil limited and unlimited, small claims, family law and adoption, probate and mental health); e-filing mandatory for all parties represented by attorneys as of April 26, 2024 (self-represented litigants encouraged, not required); the documents exempt from e-filing; documents received electronically on a court day until 11:59:59 p.m. deemed filed that day; bookmarks for exhibits and text-searchable PDFs; lead documents; filing fee refund requests by e-mail on the Filing Fee Refund Request form.
The transfer-in calendars - juvenile justice in-custody transfer-ins Mondays at 1:30 p.m. at Marin County Juvenile Hall, out-of-custody transfer-ins Wednesdays at 2:30 p.m. and juvenile dependency transfer-ins Tuesdays at 1:30 p.m., both in Courtroom C at the Civic Center; juvenile records confidential without an order of the juvenile court; juvenile traffic courtesy notices.
Documents received after 3:30 p.m. stamped that day and processed the next court business day; naming defendants; amending or dismissing a claim; continuances requested in writing at least ten calendar days before the court date with the continuance fee (one continuance only for a missing proof of service); subpoenas; appeals within thirty days; small claims appeal continuances at least ten calendar days before the hearing by agreement, with a $20.00 processing fee and a confirmation letter (without agreement, a letter routed to the Supervising Civil Judge).
Each department's Zoom meeting (Courtrooms A to O by judicial officer and case type, and the civil and unlawful detainer meeting of the judicial officer as assigned); appearances for all non-evidentiary hearings may be made remotely unless otherwise ordered; criminal arraignments require an initial in-person appearance; joining by telephone; how to take part in a Zoom hearing.