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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).
California > First Appellate District > Marin County > Superior Court of California, County of Marin
8. APPELLATE RULES 8.1 APPLICATION The Appellate Division Rules apply to all appeals filed in the appellate division of the court, unless otherwise provided in these rules, by rule in the California Rules of Court, or by order in a particular case. [Rule 7.1 adopted effective 1/1/18; renumbered as Rule 8.1 effective 1/1/22] 8.2 APPELLATE DIVISION JURISDICTION A. Appeals. The Appellate Division has jurisdiction over all appeals arising from all misdemeanor, infraction, and limited civil cases in the County (except small claims appeals and parking citation appeals) and over all motions and petitions for stay orders in connection with such appeals. (Code Civ. Proc., § 77(e).) B. Writs. The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition, and review (certiorari) in any misdemeanor, infraction, or limited civil case. (Code Civ. Proc., §§ 1068(b), 1085(b) and 1103(b).) [Rule 8.2 adopted effective 1/1/26] 8.3 WRITS INVOLVING FELONY MATTERS PRIOR TO THE DEFENDANT BEING HELD TO ANSWER. In felony cases where the ruling, order, or other matter arose prior to the completion of the preliminary hearing, petitions for writs of mandate, prohibition, review (certiorari), habeas corpus or any other petition for extraordinary relief, must be filed in the Department of the Supervising Judge of the Criminal Division. [Rule 8.3 adopted effective 1/1/26] 8.4 DISMISSAL UPON FAILURE TO FILE OPENING BRIEF When the time for filing briefs in any matter in which the appellate division has jurisdiction has expired either pursuant to the California Rules of Court or as extended by court order and no opening brief has been filed, the court will send a Notice of Impending Dismissal. If the court receives no response to the notice within the time frame provided, it shall enter a dismissal without a hearing. [Rule 7.2 adopted effective 1/1/18; renumbered as Rule 8.2 effective 1/1/22; renumbered as Rule 8.4 effective 1/1/26] 8.5 MOTIONS All motions, including ex parte applications for orders, shall be presented to the presiding judge of the appellate division. The presiding judge may rule on the motion, convene the panel to rule on the motion, or may schedule a motion for hearing before the panel at his or her discretion. [Rule 7.3 adopted effective 1/1/18; renumbered as Rule 8.3 effective 1/1/22; renumbered as Rule 8.5 effective 1/1/26] 8.6 RECORD ON APPEAL - CIVIL MATTERS A. Record on Appeal. The Appellate Division elects to authorize the use of the original court file in lieu of a clerk’s transcript as the record on appeal, pursuant to CRC 8.830(a)(1)(B) and 8.833. B. Settled Statement on Appeal. The Appellate Division elects to authorize the use of an official electronic recording, where available, as the record of the oral proceeding instead of obtaining a corrected statement on appeal from the judicial officer who presided over the proceeding before the Appellate Division, pursuant to CRC 8.837(d)(6)(A). The trial judge will not order that a transcript be prepared as the record of the oral proceedings. (See CRC 8.837(d)(6)(B). [Rule 7.5 adopted effective 1/1/13; amended 1/1/18; renumbered as Rule 8.4 effective 1/1/22; renumbered as Rule 8.6 effective 1/1/26] 8.7 RECORD ON APPEAL - FELONIES AND MISDEMEANORS The Appellate Division elects to authorize the use of the original court file in lieu of a clerk’s transcript as the record on appeal, pursuant to CRC 8.860(a)(1)(B) and 8.863. [Rule 7.6 adopted effective 1/1/16; amended 7/1/18; renumbered as Rule 8.5 effective 1/1/22; renumbered as Rule 8.7 effective 1/1/26] 8.8 RECORD ON APPEAL - INFRACTIONS The Appellate Division elects to use the original court file in lieu of a clerk’s transcript as the record on appeal, pursuant to CRC 8.910(a)(1)(B) and 8.914. The Appellate Division elects to use the official electronic recording, where available, as the record of the oral proceeding instead of obtaining a reporter’s transcript or corrected statement on appeal from the judicial officer who presided over the proceeding before the Appellate Division, pursuant to CRC 8.916(d)(6)(A). The trial judge will not order that a transcript be prepared as the record of the oral proceedings. (See CRC 8.916(d)(6)(B).) [Rule 7.7 adopted effective 1/1/18; renumbered as Rule 8.6 effective 1/1/22; renumbered as Rule 8.8 effective 1/1/26]
8. APPELLATE RULES 8.1 APPLICATION The Appellate Division Rules apply to all appeals filed in the appellate division of the court, unless otherwise provided in these rules, by rule in the California Rules of Court, or by order in a particular case. [Rule 7.1 adopted effective 1/1/18; renumbered as Rule 8.1 effective 1/1/22] 8.2 APPELLATE DIVISION JURISDICTION A. Appeals. The Appellate Division has
Reviewer note: Composed 2026-10-09 (California T4 Marin build 2026-10-09) from BenchPath custody ca/t4/ca-marin/docs/local-rules/local-rules-july-2026-full-set.pdf (the court's rule book, “Uniform Local Rules of the Marin County Superior Court JULY 1, 2026”, as fetched 2026-10-09; 3551161 bytes, sha256 f6717afbb3aae12d5559ca9e2b946ea4ca6ae8b9c9da68c54715f7b63796d52a; 177 pages) with the shared verbatim composer (v2 reflow) part by part - the eight parts of the rules (PDF pages 20 to 33, 34 to 44, 46 to 55, 56 to 60, 62 to 69, 70 to 108, 110 to 134 and 136 and 137) and Appendices B (146 to 154) and C (156 to 169): each page's running header (“MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES”) and footer (the page number and the part's name with its date; “Appendix B”, “Appendix C”) removed as chrome, with two scan marks in Appendix C's margin; lines reflowed into the rules' paragraphs; the eleven struck runs the Civil, Probate and Family Law parts still print (edits of the July 2026 cycle; review/strike-report-2026-10-09.txt) left out of their lines as chrome; 12 whitespace-only fixes (build/book-fixes.json: eight Judicial Council form numbers broken after their hyphen rejoined, a heading and Appendix C's four list lines the reflow ran together set back; the short-line audit finds no joined break left, and the vertical-gap audit's nine lines are Appendix C's title and the wrapped lines of its Attachment A, a form set with wide leading, each joined within its sentence as the page shows); 3 same-character fixes (build/book-captions.json: Rule 3.3 A's two-column list of Penal Code sections set column by column, its Webdings bullets read as the black circles they print, and the caption boxes of Appendix C's Attachment A set box by box); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, Order 26-03 (a scan), the revision table, the table of contents, Appendix A (the local forms lists), the pages printed “THIS PAGE LEFT INTENTIONALLY BLANK” and the index belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.