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Uniform Local Rules of the Marin County Superior Court

JULY 1, 2026

SUPERIOR COURT OF CALIFORNIA County of Marin ORDER 26-03 REVISING AND ADOPTING JULY 2026 UNIFORM LOCAL RULES OF THE MARIN COUNTY SUPERIOR COURT WHEREAS, Proposition 220 (Senate Constitutional Amendment 4) having been enacted into law by a majority of the California voters, and the Judges of Marin County, in accordance with the provisions of Government Code § 70201(b), having unanimously endorsed and established a unified Superior Court for the County of Marin on June 11, 1998; and WHEREAS, the Judges of the Marin County Superior Court, having reviewed and revised heretofore existing local rules governing the practice of general administrative, civil, felony and misdemeanor, infraction, juvenile dependency court, probate, family law, and appellate in accordance with the provisions of Rule 10.613(h) of the California Rules of Court; and WHEREAS, proposed amendments to local rules 2.3, 2.6, 2.12 - 2.14, 2.17, 2.19, 6.5, 7.6, 7.8, 7.12, 7.16, 7.17, 7.24 have been reviewed and approved by the Judicial Council of California; and IT IS HEREBY ORDERED that the above-referenced amendments to the Uniform Local Rules of the Marin County Superior Court is adopted for use and supersede those relevant local rules previously governing; and IT IS FURTHER ORDERED that the effective date of the above-referenced amendments to the Uniform Local Rules of the Marin County Superior Court shall be July 1, 2026, with all other existing provisions of the Uniform Local Rules of the Marin County Superior Court remaining unchanged and in effect; and IT IS FURTHER ORDERED that, in accordance with the provisions of Rule 10.613(d) of the California Rules of Court, the Executive Officer shall file an electronic copy of the Uniform Local Rules of the Marin County Superior Court with the Judicial Council of California, and further make them available for inspection and copying at locations required by Rule 10.613(b); and IT IS FURTHER ORDERED that, as authorized by the provisions of Rule 10.613(e)(2), the Judges of the Marin County Superior Court hereby delegate to the Marin County Law Library the responsibility for maintaining a current set of local rules of every California county for public examination. Wone (7, 2026 ee DATE STEPHEN P, FRECCERO, — PRESIDING JUDGE

MARIN COUNTY SUPERIOR COURT

LOCAL RULE REVISION TABLE FOR JULY 2026

NEW / DELETED / REVISED / RENUMBERED / RENAMED

REV. PREV. NEW PREVIOUS / CURRENT RULE TITLE NEW RULE TITLE RULE RULE RULE FORMS TO BE ISSUED BY CLERK UPON 2.3 FILING OF COMPLAINT

2.6 RESPONSIVE PLEADING

APPLICATIONS FOR EX PARTE ORDERS,

2.12 PROVISIONAL REMEDIES AND ORDERS SHORTENING TIME

2.13 DISCOVERY FACILITATOR PROGRAM

2.14 SETTLEMENT CONFERENCE

2.17 UNLAWFUL DETAINERS

2.19 SMALL CLAIMS CONTINUANCES SMALL CLAIMS CASES

2.21 2.20 SANCTIONS

DOCUMENTS NOT FILED OR ADMITTED AT 2.22 2.21
HEARING OR TRIAL

PROCEDURES FOR HANDLING MEDIATOR
2.23 2.22 COMPLAINTS

6.5 SETTLEMENT CONFERENCES

7.6 EX PARTE MATTERS AND ORDERS

FORMAT OF SUPPORTING DOCUMENTS AND

7.8 EXHIBITS

7.12 HEARINGS

7.16 DISCOVERY FACILITATOR

7.17 PROCEDURES

BENCH/BAR SETTLEMENT CONFERENCE

7.24 STATEMENT GENERALLY

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TABLE OF CONTENTS

1. GENERAL ADMINISTRATIVE RULES ................................. 1

1.1 CITATION ............................................................................................................................. 1 5/1/98 1.2 CONDUCT OF ATTORNEYS ............................................................................................ 1 5/1/98 1.3 COURTROOM DRESS ....................................................................................................... 1 7/1/24 1.4 LATE APPEARANCES ....................................................................................................... 1 7/1/24 1.5 COURT INTERPRETERS ................................................................................................... 1 7/1/09 1.6 MEDIA COVERAGE ............................................................................................................ 1 7/1/09 1.7 USE OF LAPTOPS OR OTHER ELECTRONIC DEVICES .......................................... 2 7/1/09 1.8 COURT FILE RETRIEVALS AND VIEWING................................................................ 2 7/1/24 A. Public Index Search B. Court Files Located at an Offsite Records Storage Facility C. Confidential Court Files Not Listed in the Public Index 1.9 COURT RECORDS RESEARCH ...................................................................................... 2 1/1/14 A. Research Requests B. Clerk’s Declarations on Record Searches ………………………………………3 1/1/14 1.10 COPIES OF COURT RECORDS …………………………………………………………3 7/1/24 A. Copies of Court Files B. Copies of Court Dockets, Registers of Actions and Minute Orders C. Copies of Court Orders, Filed Documents, or Other Court Records for Governmental Agencies 1.11 ATTORNEYS FEES FOR COURT-APPOINTED COUNSEL ....................................... 3 7/1/15 1.12 CHECK CASHING .............................................................................................................. 3 7/1/24 A. Acceptance B. Refusal ………………………………………………………………………….4 7/1/24 C. Checks Tendered with Insufficient Funds D. Overpayments 1.13 PAYMENT IN COINS ......................................................................................................... 4 7/1/15 1.14 ORDERS TO DISBURSE FUNDS ...................................................................................... 4 5/1/98 1.15 DIGITAL SIGNATURES .................................................................................................... 5 7/1/99 1.16 JUDICIAL FAIRNESS COMMITTEE .............................................................................. 5 7/1/99 1.17 JUROR QUALIFICATION AND SELECTION ............................................................... 5 7/1/22 A. Jury Commissioner B. Source Lists C. Qualification and Summoning ………………………………………………………6 7/1/22 D. Disqualification, Exemption, Excuse and Postponement Policy ……………….7 7/1/22 E. Term of Service 1.18 COURT REPORTERS ......................................................................................................... 7 1/1/20 A. General Provisions B. Use of Electronic Recording …………………………………………………………8 1/1/20 C. Court Reporting Services Requested by Parties in Civil Trials and Hearings D. Reporting Notes of Certified Reporters Hired to Serve as Official Pro Tempore Reporters

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1.19 PUBLIC ACCESS TO JUDICIAL ADMINISTRATIVE RECORDS ............................. 8 7/1/11

1.20 REMOTE APPEARANCES - CIVIL, FAMILY, PROBATE, AND
APELLATE DIVISIONS ..................................................................................................... 9 7/1/25
1.21 NOTICE AND WARNING: SANCTIONS FOR INCLUDING SOCIAL SECURITY
AND FINANCIAL ACCOUNT INFORMATION IN FILED DOCUMENTS………...... 9 1/1/22
1.22 CLERK’S OFFICE HOURS……………………………………………………………….. 9 1/1/22
1.23 – 1.49 left intentionally blank …………………………………………………………………. 9
1.50 ELECTRONIC RECORDS………………………………………………………………....9 1/1/22
1.51 ELECTRONIC FILING………………………………………………………………........10 1/1/26
A. Applicable Statutes and Rules of Court
B. Mandatory Electronic Filing Rules for All Cases, Including Criminal
C. Electronic filing Rules for Non-Criminal Cases ……………………………….13
D. Electronic Filing Rules for Criminal Cases ……………………………………14
1.52 “DEFINITION OF JUDICIAL DAY OF VACATION” (CRC 10.603(c)(2)(H)…………14 7/1/24
1.53 REMOTE APPEARANCE – INTERPRETER NOTIFICATION………………………..14 7/1/25

2. CIVIL RULES ................................................................................. 15

GENERAL PROVISIONS 2.1 CITATION ........................................................................................................................... 15 7/1/15 2.2 APPLICATION OF RULES ............................................................................................... 15 7/1/15

ADMINISTRATION OF CIVIL LITIGATION 2.3 FORMS TO BE ISSUED BY CLERK UPON FILING OF COMPLAINT ................... 15 7/1/26 2.4 CASE MANAGEMENT CONFERENCES....................................................................... 15 7/1/15 2.5 SERVICE OF SUMMONS AND COMPLAINT .............................................................. 16 7/1/15 A. Forms With Summons and Complaint and Return of Proof of Service B. Sanctions C. New Parties in Cross-Complaint 2.6 RESPONSIVE PLEADING ................................................................................................ 16 7/1/26 A. Service B. Entry of Default

LAW AND MOTION MATTERS 2.7 FORM AND FORMAT OF PAPERS PRESENTED FOR FILING .............................. 17 7/1/15 A. Documents Presented for Filing B. Discovery Motions 2.8 MISCELLANEOUS GENERAL PROVISIONS .............................................................. 17 7/1/25 A. Copies for Filing B. Conformed Copies C. Attachment of Previously Filed Documents D. Filing Documents on Shortened Time E. Court's Research Staff F. Documents Filed or Conditionally Under Seal

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G. Unopposed Motions and Untimely Oppositions…………………………………...18
2.9 HEARINGS .......................................................................................................................... 18 7/1/24
A. Hearing Dates
B. Continuances
C. Removing Matters from Calendar………………………………………………….18

2.10 TENTATIVE RULINGS ..................................................................................................... 18 7/1/15 A. Obtaining Rulings B. Oral Argument C. Length of Hearings…………………………………………………………………..19 D. Sanction Requests 2.11 ORDERS ............................................................................................................................... 19 1/1/22 2.12 APPLICATIONS FOR EX PARTE ORDERS, PROVISIONAL REMEDIES AND ORDERS SHORTENING TIME ....................................................................................... 19 7/1/26 2.13 DISCOVERY FACILITATOR PROGRAM .................................................................... 19 7/1/26 A. Policy of the Marin County Superior Court B. Participation in the Program…………………………………………………………20 C. Discovery Facilitator Panel D. Selection of a Discovery Facilitator E. Facilitator Process……………………………………………………………………21 F. Compensation G. Resolution H. Declaration of Non-Resolution

SETTLEMENT AND ISSUE CONFERENCES 2.14 SETTLEMENT CONFERENCE ....................................................................................... 22 7/1/26 A. Mandatory Settlement Conference B. Settlement Conference Statement C. Required Attendance D. Sanctions 2.15 ISSUE CONFERENCE ....................................................................................................... 22 1/1/25 A. Attendance B. Documents to be Filed for Issue Conference C. Issue Conference Statements………………………………………………………..23 D. Courtesy Copies

RULES FOR CERTAIN CIVIL CASE TYPES 2.16 APPROVAL OF COMPROMISE OF MINOR’S CLAIM ............................................. 23 1/1/22 A. Application B. Attorney's Fees C. Forms to Deposit Money D. Hearing Assignment 2.17 UNLAWFUL DETAINERS ................................................................................................ 23 7/1/26 A. Settlement Conferences B. Orders………………………………………………………………………………….24

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2.18 UNINSURED MOTORIST CASES ................................................................................... 24 7/1/15
A. Required Declaration
B. Court Designation
2.19 SMALL CLAIMS CASES… .............................................................................................. 24 7/1/26
A. Continuances
B. Exhibits…………………………………………………………………………………25
2.20 SANCTIONS ........................................................................................................................ 25 7/1/15
2.21 DOCUMENTS NOT FILED OR ADMITTED AT HEARING OR TRIAL .................. 25 7/1/15
2.22 PROCEDURES FOR HANDLING MEDIATOR COMPLAINTS ................................ 25 7/1/15

3. FELONY AND MISDEMEANOR RULES ............................ 27 3.1 CITATION ........................................................................................................................... 27 1/1/13 3.2 ASSIGNMENT OF CRIMINAL MATTERS ................................................................... 27 7/1/24 A. New Out of Custody Misdemeanor Complaints B. New In-Custody Misdemeanor Complaints – no other criminal matter pending C. New Felony Complaints – no other criminal matters pending D. New Criminal Complaints – other felony matters pending E. Post Release Community Supervision and Parole Petitions …………………….28 F. Petitions to Revoke or Modify Probation or Terminate Diversion G. New Criminal Complaints with Multiple Defendants - other felony matters pending H. Assignment of Cases from Department M 3.3 SETTING OF ARRAIGNMENT DATES AND FILING OF CRIMINAL COMPLAINTS .................................................................................................................... 28 1/1/26 A. Misdemeanor and Felony Out-of-Custody Arraignment Dates B. Misdemeanor In-Custody Complaints………………………………………….29 C. Felony In-Custody Complaints D. Out-of-Custody Criminal Complaints

   3.4 BENCH WARRANTS ......................................................................................................... 29 1/1/22 3.5 PLEAS IN MISDEMEANOR CASES ............................................................................... 29 7/1/24 3.6 MOTIONS ............................................................................................................................ 29 1/1/22 3.7 MOTIONS TO DISMISS PURSUANT TO PENAL CODE § 995 .................................. 30 7/1/24 3.8 MOTIONS FOR CONSOLIDATION ............................................................................... 30 1/1/13 3.9 APPLICATION OF OVERPAYMENTS .......................................................................... 30 1/1/13 3.10 TRIAL READINESS CONFERENCE .............................................................................. 30 1/1/22 A. Felonies B. Misdemeanors C. Requests to Continue Felony or Misdemeanor Trials D. Time for Submission ………………………………………………………………...31 E. Form 3.11 ADDING CASES TO CALENDAR ................................................................................... 31 1/1/22 3.12 GUARDIANS AD LITEM .................................................................................................. 31 1/1/13 3.13 PETITIONS FOR DISMISSAL OF CRIMINAL CONVICTION (PENAL CODE §§ 17, 1203.4, 1203.4a) ............................................................................. 31 1/1/26 3.14 PETITIONS TO SEAL ARREST AND RELATED RECORDS (PENAL CODE § 851.91) AND MOTION TO VACATE CONVICTION OR SENTENCE (PENAL iv Table of Contents – 7/1/26

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CODE §§ 1016.5, 1473.7) ..................................................................................................... 31 1/1/26
3.15 CRIMINAL PROTECTIVE ORDERS INVOLVING CHILD CUSTODY OR
VISITATION ....................................................................................................................... 32 1/1/22
A. Inquiry by the Court
B. Court’s Consideration
C. Modification ………………………………………………………………………….32
D. Copy of Order to Family Law Department
3.16 ENHANCED COURT COLLECTIONS PROGRAM ..................................................... 32 1/1/23
3.17 CLERK’S OFFICE………………………………………………………………………...33 7/1/24
A. Authority for Clerk’s Office to Establish Payment Terms for Court Ordered
Fines, Fees, Penalty Assessments and Surcharges
B. Requests to Perform Community Service Work
C. Requests for Installment Payment Plan
3.18 MODIFICATION OF TERMS AND CONDITIONS OF MISDEMEANOR
PROBATION ....................................................................................................................... 34 7/1/24
A. Authority of Clerk’s Office to Modify Terms and Conditions of
Misdemeanor Probation
B. Requests for Modifications That Must Be Submitted to the Clerk’s Office
C. Requests for Modifications That Must Be Submitted to the Judicial Officer
Who Pronounced Judgment …………………………………………………...……35
3.19 MENTAL HEALTH DIVERSION PETITIONS………………………………………...36 7/1/25

4. INFRACTION RULES .............................................................. 37 4.1 CITATION ........................................................................................................................... 37 1/1/12 4.2 FILINGS ............................................................................................................................... 37 1/1/12 1.3 COURT SESSIONS ............................................................................................................. 37 1/1/12 4.4 ARRAIGNMENTS .............................................................................................................. 37 7/1/24 4.5 CONTINUANCES ............................................................................................................... 37 1/1/12 4.6 TRIAL CONTINUANCES ................................................................................................. 37 1/1/12 4.7 ALTERNATE PROCEDURES FOR JUDICIAL REVIEW OF INFRACTION MATTERS ............................................................................................................................ 37 1/1/25 A. Trial by Written Declaration B. Ex Parte Judicial Review After Adjudication ……………………………….…....38 C. Monthly Calendar for Personal Appearance D. Appearance at Contested Court Trial 4.8 ADJUDICATION OF MISCELLANEOUS INFRACTION MATTERS ...................... 39 1/1/26 A. Clerks’ Authority in Infraction Cases Not Transferred to Court Collections B. Requests Neither the Court nor Clerks Will Grant …………………………….....40 4.9 COURT COLLECTIONS ................................................................................................... 40 1/1/25 4.10 APPLICATION OF OVERPAYMENTS .......................................................................... 41 1/1/13

5. JUVENILE COURT RULES……………………………………………….43 5.1 JUVENILE COURT RULES – GENERALLY…………………………………………. 43 1/1/22 A. Judicial Administration B. Filing Requirements C. Discovery v Table of Contents – 7/1/26

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D. Ex Parte Orders
E. Attendance at Hearings ………………………………………………………………44 1/1/22
F. Continuances
G. Adding Matters to Calendar
H. Safety Issues
I. Interpreters……………………………………………………………………………..44
J. In Custody Parents ……………………………………………………………………45
K. Settlement Conferences
L. Access to Courtroom by Non Parties
M. Discovery of Juvenile Documents or Records
5.2 ATTORNEYS IN JUVENILE COURT……………………………………………….....46 1/1/20
A. Minimum Training Dependency
B. Minimum Training Delinquency …………………………………………………....47 1/1/20
C. Notwithstanding Compliance
D. Costs for Appointed Counsel in Dependency Proceedings
E. Complaints
5.3 INFORMING THE COURT OF THE INTEREST OF THE CHILD; ACCESS
TO MINOR; NOTICE OF CHANGE IN PLACEMENT………………………………48 1/1/20
A. Interest of Child
B. Notification by Minor’s Counsel
C. Response by Court
D. Access to Minors Petitioned Pursuant to W&I Code § 300
E. Notice Regarding Change in Placement …………………………………..……….49
5.4 REQUESTS TO MODIFY JUVENILE COURT CUSTODY ORDERS POST
DISMISSAL………………………………………………………………………….……..49 1/1/20
5.5 JUVENILE DEPENDENCY, JUVENILE DELINQUENCY, FAMILY AND
PROBATE COURTS EXCHANGE OF INFORMATION………………………..........49 1/1/20
A. Sharing of information
B. Restraining/Protective Orders ……………………………………………………...50
5.6 ASSIGNMENT OF FAMILY, PROBATE OF DV MATTERS TO JUVENILE
COURT…………………………………………………………………………………......50 1/1/20
5.7 DUAL STATUS……………………………………………………………………….……50 1/1/22
5.8 COMPETENCY PROTOCOL……………………………………………………………50 1/1/20

6. PROBATE RULES ................................................................... 51 6.1 INTRODUCTION................................................................................................................ 51 7/1/24 A. General B. Contact Information 6.2 CALENDAR AND PROCEDURAL MATTERS………………………………………..51 1/1/25 A. General Guidelines B. Filing, Hearing, and Continuance Procedures …………………………………….52 C. Submission of Proposed Orders …………………………………...……………….53 D. Hearings and Tentative Rulings E. Contested Matters…………………………………………………………………… .54 6.3 EX PARTE MATTERS ....................................................................................................... 54 1/1/25 A. Presentation of Emergency Probate Applications vi Table of Contents – 7/1/26

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B. Ex Parte Hearings C. Timing ……………………………………………………………………………..…55 D. Contents of Application E. Notice

6.4 DISCOVERY FACILITATOR PROGRAM …………………………………………… 56 7/1/24 6.5 SETTLEMENT CONFERENCES.…………………………………………………….....56 7/1/26 A. Mandatory Settlement Conference B. Settlement Conference Statement C. Required Attendance D. Continuances E. Sanctions ……………………………………………………………………………..57

SPOUSAL PROPERTY PETITION AND ELECTION 6.6 FILING AND CONTENTS OF SPOUSAL PROPERTY PETITION ........................... 57 1/1/04 6.7 REQUIRED ALLEGATIONS ............................................................................................ 57 7/1/24 A. Source of Property B. Claims Based on Documents 6.8 ELECTION OF SURVIVING SPOUSE TO ADMINISTER .......................................... 57 5/1/98

APPOINTMENT OF EXECUTORS AND ADMINISTRATORS:

PROOF OF WILLS 6.9 SPECIAL LETTERS OF ADMINISTRATION ............................................................... 58 1/1/25 6.10 PETITION FOR PROBATE OF WILL AND LETTERS OF ADMINISTRATION ........................................................................................................... 58 1/1/25 A. Holographic Will and Foreign Language Will B. Attachments C. Listing Devisees and Heirs 6.11 NOTICE REQUIREMENTS OBTAINING LETTERS IN DECEDENT'S ESTATES ............................................................................................................................. 59 7/1/24 A. Letters Testamentary and Letters of Administration B. Methods of Giving Various Notices C. Requirement of Publication of Notice to Administer Estate D. Defective Notice 6.12 PROOF OF WILLS ........................................................................................................... .59 5/1/98 6.13 LOST OR DESTROYED WILLS ...................................................................................... 60 1/1/04 6.14 WILL WITH DELETIONS OR INTERLINEATIONS .................................................. 60 5/1/98

BOND 6.15 APPLICATION OF BOND SECTION ............................................................................. 60 5/1/98 6.16 REQUIREMENT OF BOND/WAIVER OF BOND (SEE CRC 7.201) .......................... 60 7/1/24 A. Personal Representatives in Probate Estate B. Conservatorships/Guardianships ………………………………..………………….61 6.17 REDUCING BOND THROUGH USE OF DEPOSITORY FOR BLOCKED ACCOUNT ........................................................................................................................... 61 1/1/25 vii

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A. Before Issuance of Letters
B. After Appointment
C. Direct Transmittal to Depository
D. Withdrawals or Releases from Depository
E. Letters

6.18 BOND MODIFICATION .................................................................................................... 61 1/1/25
A. Duty and Application
B. Bond Increase
C. Bond Decrease
6.19 BOND OF SPECIAL ADMINISTRATORS ..................................................................... 62 5/1/98

INVENTORY AND APPRAISAL 6.20 PREPARING INVENTORY AND APPRAISAL ............................................................. 62 1/1/04 A. Preparation B. Due Date 6.21 APPOINTMENT OF REFEREE ....................................................................................... 62 7/1/24 A. Procedure for Request B. Waiver of Appointment of Referee 6.22 SUFFICIENCY OF BOND ................................................................................................. 62 5/1/98 6.23 OBJECTION TO APPRAISED VALUE OF ASSETS .................................................... 62 7/1/10

CLAIMS 6.24 CLAIMS PROCEDURES ................................................................................................... 63 5/1/98 6.25 NOTICE TO CREDITORS ................................................................................................ 63 5/1/98

SALES OF ESTATE PROPERTY 6.26 GENERAL INFORMATION ............................................................................................. 63 7/1/08 A. Judicial Approval B. Notice C. Exclusive Listings for Sale of Property D. Purchase of Estate Property by Personal Representative 6.27 SALES OF PERSONAL PROPERTY ............................................................................... 63 1/1/25 A. Tangible Personal Property B. Securities………………………………………………………………………………64 C. Condominiums, Community or Cooperative Apartments 6.28 RETURN OF SALE OF REAL PROPERTY ................................................................... 64 5/1/98 A. Publication of Notice of Intention to Sell Real Property B. Contents of Notice and Purpose of Notice C. Effect of Notice ……………………………………………………………...……….65 6.29 RETURN OF PRIVATE SALE FOR COURT CONFIRMATION ............................... 65 1/1/25 A. Appraisal and Reappraisal B. Market Exposure of Property C. Second Deeds of Trust D. Hearing on Return of Sale and Overbids E. Earnest Money Deposit by Overbidder viii

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F. Bond
G. Absence of Attorney for Estate at Confirmation Hearing
H. Partial Interest
6.30 BROKER'S COMMISSIONS ............................................................................................. 66 7/1/09
A. Improved Real Property
B. Unimproved Real Property
C. Commission Rates at Real Property Situs Will Apply
D. Broker Bidding for Own Account Not Entitled to a Commission
E. Broker's Commissions in Overbid Situations
F. Order Must Allocate Commission

ACCOUNTS 6.31 IN GENERAL ...................................................................................................................... 66 7/1/10 6.32 BONDS .................................................................................................................................. 67 5/1/98 6.33 TRUSTEE'S FIRST ACCOUNT ........................................................................................ 67 5/1/98 6.34 WAIVER OF ACCOUNT ................................................................................................... 67 5/1/98 A. By All Interested Parties B. Effect of Waiver C. Waiver by Trustee

DISTRIBUTION OF PROBATE ESTATE 6.35 NOTICE REQUIREMENTS ON PETITIONS FOR DISTRIBUTION ........................ 68 5/1/98 A. Basic Notice Requirements B. Notice to Prior Representative and Attorney C. Proof of Notice D. Additional Notices 6.36 PRELIMINARY DISTRIBUTION .................................................................................... 68 1/1/25 A. Preliminary Distribution Under Probate Code § 11620 B. Ex Parte Petition for Preliminary Distribution 6.37 FINAL DISTRIBUTION IN GENERAL .......................................................................... 69 5/1/98 A. List of Assets and Description of Property Required B. Specific Statement How Estate to be Distributed C. Non-Pro Rata Distribution D. Decree of Distribution E. Preliminary Distribution Receipts 6.38 ADDITIONAL REQUIREMENTS RE: PETITION FOR FINAL DISTRIBUTION .................................................................................................................. 69 7/1/15 A. Allegations Relating to Creditor's Claims B. Allegations Relating to Independent Acts C. Allegations Relating to Character of Property…………………………………….70 D. Community and Quasi Community Property Elections E. Change of Ownership F. Payment of Taxes G. Retention of a Reserve 6.39 AGREEMENTS FOR DISTRIBUTION; ASSIGNMENTS; DISCLAIMERS ............. 70 5/1/98 A. Agreements ix

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B. Assignments
C. Disclaimers
6.40 DISTRIBUTION TO PERSONS UNDER CONSERVATORSHIP OR
GUARDIANSHIP ................................................................................................................ 70 5/1/98
6.41 DISTRIBUTION TO MINORS .......................................................................................... 71 5/1/98
A. Delivery to Parent
B. Depository ……………………………………………………………………………71
6.42 DISTRIBUTIONS TO TRUSTEES ................................................................................... 71 5/1/98
6.43 DISTRIBUTION TO REPRESENTATIVE OF DECEASED HEIR OR
BENEFICIARY ................................................................................................................... 71 5/1/98
6.44 DISTRIBUTION TO INTESTATE HEIRS ...................................................................... 71 5/1/98
6.45 DISTRIBUTION TO "MISSING" HEIR ......................................................................... 71 1/1/04
6.46 INTEREST ON GENERAL PECUNIARY LEGACIES ................................................. 71 5/1/98

MISCELLANEOUS PETITIONS AND ORDERS 6.47 FAMILY ALLOWANCE .................................................................................................... 72 1/1/25 A. Necessary Allegations of Petition B. Duration of Family Allowance C. Before Inventory Filed D. After Inventory Filed 6.48 STATUS REPORTS ............................................................................................................ 72 1/1/25 6.49 OBTAINING FINAL DISCHARGE .................................................................................. 72 7/1/15 6.50 PROCEEDINGS TO ESTABLISH FACT OF DEATH .................................................. 73 5/1/98 A. Filing Under Decedent's Name B. Separate Petition Preferred C. Property Description D. Death Certificate E. Attorneys' Fees 6.51 PETITION TO ESTABLISH IDENTITY OF HEIRS ..................................................... 73 5/1/98 6.52 TRANSFER OF ESTATE PLANNING DOCUMENTS TO CLERK............................ 73 1/1/14

GUARDIANSHIPS AND CONSERVATORSHIPS 6.53 TEMPORARY GUARDIANSHIPS AND CONSERVATORSHIPS .............................. 73 1/1/25 A. Good Cause Required………………………………………………………………..74 B. Hearings of Temporary Guardianship and Conservatorship Cases C. Bond D. Notice E. Powers of Temporary Guardians and Conservators F. Special Powers………………………………………………………………………..75 G. Length of Appointment 6.54 GUARDIANSHIPS ....................................................................................................... …...75 1/1/25 A. Notice of Petition for Appointment of Guardian B. Proposed Ward's Appearance at Hearing for Appointment of Guardian C. Investigative Reports D. Required Documents E. Inventory and Appraisal……………………………………………………………..76

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F. Accounts and Reports
G. Guardianship Status Report
H. Discharges …………………………………………………………………………….77
I. Current Address
J. Use of Minor's Assets for Support
6.55 ORDERS FOR WITHDRAWALS OF FUNDS IN BLOCKED ACCOUNTS .............. 77 1/1/25

6.56 DISPOSITION OF MINOR'S FUNDS (PROBATE CODE § 3410) ............................... 77 1/1/25
A. Contents of Petition
B. Order ……………………………………………………………………………..….. 78
6.57 CONSERVATORSHIPS ..................................................................................................... 78 1/1/25
A. Special Requirements
B. Appointment of Conservator
C. Additional Powers of Conservator
D. No Attorneys' Fees in Order Appointing Conservator
E. Doctor's Declaration
F. Professional Conservators
G. Limited Conservatorships
H. Petition for Substituted Judgment…………………………………………………..79
I. General Plan and Determination of Conservatee’s Appropriate Level of Care
6.58 NOTICE IN CONSERVATORSHIP PROCEEDINGS ................................................... 79 1/1/25
A. Power of Attorney
B. On Final Accounts
C. Exclusive Broker Listings
6.59 MEDICAL AUTHORIZATION FOR CONSERVATORS ............................................. 79 1/1/06
A. Medical Consent Authority
B. Exclusive Medical Consent Authority……………………………………………...80
6.60 ACCOUNTS AND REPORTS IN CONSERVATORSHIP PROCEEDING ………….80 1/1/25
A. Inventory and Appraisal
B. Account and Report ………………………………………………………………….81
C. Waivers of Account
D. Assessment Fees of Court Investigator…………………………………………….81
6.61 SALE OF RESIDENCE BY CONSERVATOR …………………………………………81 1/1/25
6.62 TERMINATION OF CONSERVATORSHIP .................................................................. 81 1/1/25
A. Resignation of Conservator
B. Petitions for Appointment of Successor Conservator
C. Distribution of Assets
6.63 COURT APPOINTED ATTORNEYS FOR (PROPOSED) CONSERVATEE ............. 81 1/1/25

TRUSTS 6.64 FILING OF ACTIONS CONCERNING TRUSTS .......................................................... 82 5/1/98 A. Filed in Probate Court B. Filed as a Civil Action 6.65 NOTICE REQUIREMENTS CONCERNING TRUSTS ................................................. 82 1/1/25 A. Notice Generally B. Notice to Trust Beneficiaries xi

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6.66 PETITIONS FOR TRANSFER OF PROPERTY TO TRUST
(“HEGGSTAD PETITIONS”) ........................................................................................... 83 1/1/25
A. Notice Requirements
B. Proof of Ownership
6.67 WAIVER OF ACCOUNT BY TRUSTEE ......................................................................... 83 5/1/98
6.68 TRUSTEE'S FIRST ACCOUNT ........................................................................................ 83 5/1/98
6.69 DISTRIBUTIONS TO TESTAMENTARY TRUSTEE ................................................... 83 5/1/98
6.70 SUBSTITUTED JUDGMENT ............................................................................................ 84 5/1/98

COMPENSATION 6.71 STATUTORY COMPENSATION IN DECEDENT'S ESTATE .................................... 84 1/1/14 A. Calculation Must Be Shown B. Basis for Computing Statutory Compensation on Waiver of Accounting C. Expenses of Tax Related Services, Accounting and Bookkeeping D. Executor/Attorney Compensation on Sale of Real Property E. Reimbursement of Costs 6.72 EXTRAORDINARY COMPENSATION IN DECEDENT'S ESTATES ....................... 85 1/1/14 A. Factors B. Declaration C. Paralegal Services D. Examples of Services E. Litigation Connected with Estate…………………………………………………...86 F. Proposed Order for Extraordinary Compensation in Decedent’s Estates 6.73 PARTIAL ALLOWANCE OF COMPENSATION ......................................................... 86 5/1/98 A. Statutory Compensation B. Apportionment C. Extraordinary Compensation 6.74 COMPENSATION FOR TRUSTEES AND THEIR ATTORNEYS .............................. 86 1/1/14 A. Criteria B. Compensation of Trustees C. When Will or Trust Instrument Sets Trustee’s Fees………………………………87 D. Attorneys' Compensation 6.75 COMPENSATION TO CONSERVATORS AND GUARDIANS AND THEIR ATTORNEYS ....................................................................................................................... 87 1/1/17 A. Criteria B. Expenses That May Not Be Reimbursed C. Professional Licensed Fiduciary D. Corporate Conservator/Guardian – Percentage Guideline……………………….88 E. Non-Professional Conservators/Guardians F. Attorneys’ Compensation G. Compensation of Conservator or Conservator’s Attorney from Trust or Other Source 6.76 PROCEDURE FOR OBTAINING COMPENSATION .................................................. 88 1/1/17 A. Form of Application for Compensation B. Notice………………………………………………………………………………….89 C. Notice to Prior Representative or Attorney

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LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS 6.77 NOTICE OF EX PARTE APPLICATION FOR TEMPORARY CONSERVATORSHIP ....................................................................................................... 89 1/1/13 7. FAMILY LAW RULES .............................................................. 91

ADMINISTRATION OF FAMILY LAW LITIGATION 7.1 CITATION ........................................................................................................................... 91 7/1/15 7.2 APPLICATION OF RULES ............................................................................................... 91 1/1/20 7.3 ASSIGNMENT TO JUDICIAL OFFICER ....................................................................... 91 1/1/20 7.4 CONFORMED COPIES OF FILINGS ............................................................................. 91 7/1/24 7.5 FAMILY CENTERED CASE RESOLUTION ................................................................. 92 7/1/24 A. Policy and Effective Date B. Forms to be Issued by Clerk Upon Filing of Petition C. Service of Summons and Petition – Forms to be Served on Other Party D. Case Progress Conferences 7.6 EX PARTE MATTERS AND ORDERS ........................................................................... 93 7/1/26 A. Ex Parte Applications B. Conditions for Issuance of Ex Parte Orders C. Orders Shortening Time …………………………………………………………….94 7.7 SPECIAL PROCEDURES FOR RESTRAINING ORDERS AND INJUNCTIVE INJUNCTIVE RELIEF PERTAINING TO DOMESTIC VIOLENCE (FAMILY CODE §§ 6200-6389) ......................................................................................... 94 1/1/26 A. Remote Appearances in Domestic Violence Restraining Order Hearing B. Termination or Modification of a Domestic Violence Restraining Order

LAW AND MOTION AND REQUEST FOR ORDER PROCEEDINGS 7.8 FORMAT OF SUPPORTING DOCUMENTS AND EXHIBITS ................................... 95 7/1/26 A. Minimize Number of Attachments B. Discovery Motions C. Discovery Exhibits D. Prior Court Order E. Attachment of Previously Filed Documents F. Address Verification in Post-Judgment Proceedings 7.9 HEARING DATES .............................................................................................................. 95 7/1/15 7.10 CONTINUANCES ............................................................................................................... 96 7/1/15 7.11 REMOVING MATTERS FROM CALENDAR ............................................................... 96 7/1/24 7.12 HEARINGS .......................................................................................................................... 96 7/1/26 A. Tentative Rulings B. Obtaining Tentative Rulings C. Oral Argument D. Length of Hearings 7.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT ....................... 97 7/1/24 A. Income and Expense Declaration with Supporting Documentation B. Full Financial Disclosure C. Required Supplemental Documentation xiii

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D. Support Calculations…………………………………………………………………98
7.14 CHILD AND SPOUSAL SUPPORT PROCEEDINGS ................................................... 98 7/1/25
A. Computer Software Use
B. Temporary Spousal Support
C. Calculation of Time-Share with Children
D. Modification …………………………………………………………………………99

DISCOVERY MATTERS 7.15 GENERAL DISCOVERY PROVISIONS ....................................................................... 100 7/1/24 A. Policy Regarding One Deposition Rule B. Discovery Motions C. Discovery Review 7.16 DISCOVERY FACILITATOR PROGRAM .................................................................. 100 7/1/26 A. Participation in the Discovery Facilitator Program B. Discovery Motions C. Discovery Facilitator Panel D. Selection of a Discovery Facilitator E. Facilitator Process ……………………………………………………………….…101 F. Compensation G. Resolution H. Declaration of Non-Resolution

CHILD CUSTODY/VISITATION 7.17 PROCEDURES .................................................................................................................. 102 7/1/26 A. Initial Child Custody Recommending Counseling B. Existence of Criminal Protective Order C. Documents Provided to the Child Custody Recommending Counselor D. Contact With Family Court Services E. Statement of Agreement/Disagreement with FCS Recommendations F. Settlement Conferences G. Required Local Forms …………………………………………………………..…103 H. Interview of Child and Child in Court I. Child Endangerment J. Child Custody Recommending Counselor Recommendations and Testimony K. Child Custody Recommending Counselor Complaint Procedure 7.18 COUNSEL FOR CHILD ................................................................................................... 104 1/1/20 A. Appointment of Attorney for Child B. Complaint Procedure for Minor’s Counsel 7.19 CHILD CUSTODY EVALUATIONS .............................................................................. 104 1/1/20 A. Child Custody Evaluators B. Appointment C. Contact With Evaluator D. Raw Data of Evaluator E. Report of Evaluator F. Prohibition of Dissemination of Report……………………………………………105 G. Peremptory Challenge to Evaluator

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H. Withdrawal by Evaluator
I. Evaluator Complaint Procedure
J. Fees…………………………………………………………………………………..106
K. Evaluator Domestic Violence Training
L. Submission of Child to Evaluation
7.20 SUPERVISED VISITATION ........................................................................................... 106 1/1/14
7.21 PARENTING COORDINATOR ...................................................................................... 106 7/1/15

TRIAL SETTING/READINESS AND BENCH/BAR SETTLEMENT CONFERENCES 7.22 TRIAL READINESS CONFERENCE ............................................................................ 106 1/1/26 A. At-Issue Memorandum B. Mandatory Trial Readiness Conference…………………………………….…….107 7.23 SETTLEMENT CONFERENCE AND TRIAL SETTING ........................................... 107 7/1/24 A. Panel B. Attendance C. Trial Setting Conference D. Continuances 7.24 BENCH/BAR SETTLEMENT CONFERENCE STATEMENT GENERALLY ........ 108 7/1/26 A. Issues and Contentions B. Filing C. Updated Preliminary Declarations of Disclosure 7.25 FORM AND CONTENTS OF BENCH/BAR CONFERENCE STATEMENT......... ..108 1/1/20 A. Form B. Contents: Statement of Issues, Property, and Income and Expense Data

JUDGMENTS 7.26 DEFAULT OR UNCONTESTED JUDGMENT BY AFFIDAVIT OR DECLARATION ............................................................................................................... 110 1/1/26 7.27 DEFAULT OR UNCONTESTED JUDGMENTS GENERALLY ................................ 111 7/1/24 A. Support and/or Fee Awards B. Child Support C. Spousal Support D. Child Custody and Visitation E. Community and/or Separate Property 7.28 DEFAULT JUDGMENT WITH WRITTEN AGREEMENT OF THE PARTIES ..... 112 1/1/13

FAMILY LAW FACILITATOR 7.29 GENERAL .......................................................................................................................... 112 7/1/24 7.30 PROTOCOL FOR DISQUALIFICATIONS .................................................................. 113 1/1/20 7.31 GRIEVANCE PROCEDURE ........................................................................................... 113 1/1/17

MISCELLANEOUS FAMILY LAW RULES 7.32 DOCUMENTS NOT FILED OR ADMITTED AT HEARING OR TRIAL ................ 113 7/1/15 xv

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7.33 COURT REPORTERS ...................................................................................................... 114 7/1/18
7.34 SERVICE OF SUMMONS BY PUBLICATION OR POSTING .................................. 114 1/1/16
7.35 APPOINTMENT OF ELISOR ………………………………………………………….114 1/1/25
A. Request for Order
B. Mandatory Information in Supporting Declaration(s)
C. Mandatory Language in Proposed Order ………………………….…………….…115
D. Mandatory Additional Requirements
E. Order Granted

8. APPELLATE DIVISION RULES ........................................... 117 8.1 APPLICATION ................................................................................................................. 117 1/1/18 8.2 APPELLATE DIVISION JURISDICTION ……………………………………………117 1/1/26 A. Appeals B. Writs 8.3 WRITS INVOLVING FELONY MATTERS PRIOR TO THE DEFENDANT BEING HELD TO ANSWER …………………………………………………………...117 1/1/26 8.4 DISMISSAL UPON FAILURE TO FILE OPENING BRIEF ...................................... 117 1/1/18 8.5 MOTIONS .......................................................................................................................... 117 1/1/18 8.6 RECORD ON APPEAL - CIVIL MATTERS…………………………………………..118 1/1/18 A. Record on Appeal B. Settled Statement on Appeal 8.7 RECORD ON APPEAL - FELONIES AND MISDEMEANORS ................................. 118 7/1/18 8.8 RECORD ON APPEAL - INFRACTIONS ..................................................................... 118 1/1/18

APPENDIX A – LOCAL FORMS BY NAME ................................ …119 APPENDIX A – LOCAL FORMS BY NUMBER ……………………..123 APPENDIX B………………………………………………………………..127 APPENDIX C ……………………………………………………………….137 INDEX…………………………………………………………….………….153

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1. GENERAL ADMINISTRATIVE RULES

1.1 CITATION These general rules should be cited as "Marin County Rule, General" or "MCR General" followed by the rule number (e.g., Marin County Rule, General 1.2 or MCR General 1.2). [Rule 8.1 adopted effective 5/1/98; renumbered as Rule 1.1 effective 1/1/22] 1.2 CONDUCT OF ATTORNEYS Attorneys are expected, at a minimum, to conduct themselves in accordance with the requirements of the State Bar Act and the State Bar mandated Rules of Professional Conduct. In addition, the Court encourages all attorneys to abide by the standards set forth in the Code of Civility which have been approved by the Board of Directors of the Marin County Bar Association. (Copies of the Code of Civility can be obtained from the Clerk's Office or the Marin County Bar Association.) The Court may consider the Code of Civility and the standards contained therein when making rulings regarding sanctions. [Rule 8.2 adopted effective 5/1/98; renumbered as Rule 1.2 effective 1/1/22] 1.3 COURTROOM DRESS No person shall appear via Zoom or in court unless wearing a shirt, shoes, pants (or skirt), dress or other appropriate attire (no shorts, sleeveless shirts). [Rule 8.3 adopted effective 5/1/98; renumbered as Rule 1.3 effective 1/1/22; amended 7/1/24] 1.4 LATE APPEARANCES An attorney, defendant or other person who is late for a scheduled court appearance may be subject to disciplinary action such as sanctions or contempt proceedings. [Rule 8.4 adopted effective 5/1/98; renumbered as Rule 1.4 effective 1/1/22; amended 7/1/24] 1.5 COURT INTERPRETERS Where a party or defendant or other person is entitled to and requires the assistance of a court interpreter, the party, defendant, or counsel of record shall notify the Court at least three (3) calendar days before the hearing. Where it is later determined that the interpreter is not needed, defendant or counsel shall provide notice to the Court at least 24 hours before the hearing. If such notice is not provided and the Court incurs costs of the interpreter, the Court will bill the requesting party for such costs. [Rule 8.5 adopted effective 5/1/98; amended 7/1/09; renumbered as Rule 1.5 effective 1/1/22] 1.6 MEDIA COVERAGE The use of photographic, video, or audio recording or transmission equipment in the courtroom is prohibited without advance approval of the judge pursuant to CRC 1.150. Any and all video, cell phone and other photography through courtroom windows or into the courtroom from the hallway is subject to the same restrictions that apply to the use of cameras in the courtroom and shall require prior approval by the judge of the affected courtroom. (See CRC 1.150.) Any and all video, cell phone and other photography in the hallway itself shall require prior approval by the presiding judge, or designee, and the County of Marin. Television, video

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and still photography inside the Marin County Civic Center, other than in a courtroom with the express authorization of the judge, requires a special permit, obtained from the Marin County Community Development Agency. Television cameras, video cameras and/or camera operators, still photographers, media reporters or any combination thereof shall not block corridors, access to any courtroom, or the ingress to or egress from the courthouse. [Rule 8.6 adopted effective 7/1/09; renumbered as Rule 1.6 effective 1/1/22] 1.7 USE OF LAPTOPS OR OTHER ELECTRONIC DEVICES The use of laptops and/or electronic devices by counsel or any member of the public in specific courtrooms will be regulated by each individual trial judge. In no event shall an attorney or any member of the public use wireless internet connections, whether by laptop computers or any form of electronic access, to record, photograph or transmit any court proceeding unless otherwise specifically authorized by CRC 1.150. [Rule 8.7 adopted effective 7/1/09; renumbered as Rule 1.7 effective 1/1/22] 1.8 COURT FILE RETRIEVALS AND VIEWING A. Public Index Search. All attorneys, parties, proprietary records research vendors and members of the public shall search the Court’s ePortal for case numbers and/or case names of files they wish to review. B. Court Files Located at an Offsite Records Storage Facility. Files located at offsite storage facilities can take up to a week for retrieval. Retrieval fees of $5 for each file are due at the time the request is made. There is no limit to the number of files that may be requested from offsite storage. The clerk will advise the requestor of the date the file will be available for viewing. Court files retrieved from offsite storage warehouses will be kept in the Records Management Office for five (5) business days from the date they are available for viewing before being returned to offsite storage unless the requestor contacts the Court to ask that they be held longer. If the requestor does not view the files during the five-day viewing period and the files are returned to offsite storage, the requestor will be charged a new retrieval fee. C. Confidential Court Files Not Listed in the ePortal Index. No information whatsoever will be provided to a requestor regarding court files that are determined to be confidential under California law unless the requestor is a party to the case or the current attorney of record. Requestors must present valid photo identification at the time of the request. Confidential court files include establishment of parental relationship (paternity), adoption, termination of parental rights, and juvenile dependency or delinquency. [Rule 8.8 adopted effective 1/1/10; renumbered as Rule 1.8 effective 1/1/22; amended 7/1/24] 1.9 COURT RECORDS RESEARCH A. Research Requests. The fee for research requests shall be $15 for each search of records or court files that take longer than 10 minutes. The fee is due and payable at the time of the request. If the requestor seeks information on more than one record or court file at one time, the Court presumes that the search will take longer than 10 minutes and a $15 fee will be charged for the first two records and a $5 fee will be charged for each additional record or court file.

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If submitting research requests by mail, requestors must enclose a self-addressed

stamped envelope with proper postage and a check made out to Marin County Superior Court. On the memo line, write “amount not to exceed $35,” if the amount of the research is unknown, or the amount previously provided by the Court. B. Clerk’s Declarations on Record Searches. Upon request, the Court will draft a Clerk’s Declaration on Court letterhead stating the disposition of a court case or a statement that no record was found. The fee for a Clerk’s Declaration is $25 for each record included in the Declaration. [Rule 8.9 adopted effective 1/1/14; renumbered as Rule 1.9 effective 1/1/22] 1.10 COPIES OF COURT RECORDS A. Copies of Court Files. For copy jobs of 50 pages or fewer, the requestor must prepay for copies at $0.50 per page. Copies may be made at the time of the request or mailed to the requestor within five (5) business days. For copy jobs of more than 50 pages, requestors must leave a deposit, in an amount determined by the Court, based upon the estimated number of copies. Copies shall be ready for pick up within ten (10) business days, along with a final tally of the number of pages copied and the remaining cost. B. Copies of Court Documents and Registers of Action. Upon request, the Court will use its computer system to print documents and, registers of action from the court file. Copy fees of $0.50 per page are due and payable at the time of printing. Once printed, the requestor shall purchase the printed document. The requestor may not view the printed document and decline to pay the copy fee. C. Copies of Court Orders, Filed Documents, or Other Court Records for Governmental Agencies. Governmental agencies requesting copies of court orders, filed documents, or other court records shall include self-addressed stamped envelopes with postage sufficient to cover the cost of their copies. [Rule 8.10 adopted effective 1/1/10; renumbered as Rule 1.10 effective 1/1/22; amended 7/1/24] 1.11 ATTORNEYS FEES FOR COURT-APPOINTED COUNSEL Attorneys appointed by the Court to represent parties shall submit billings for their services at least once per year and may not bill for services that span multiple years. This rule is applicable whether or not the Court, the County of Marin or the individual parties are responsible for paying for these legal services. [Rule 8.11 adopted effective 7/1/15; renumbered as Rule 1.11 effective 1/1/22] 1.12 CHECK CASHING A. Acceptance. The Clerk shall accept a personal check, cashier's check, or money order offered in payment of any fee, fine or bail deposit provided the following conditions are met: 1. The Bank imprinted personal check, cashier's check, or money order is in U.S. dollars, with a dollar sign ($) and the word “dollars” printed on it; 2. The amount of any such payment shall not exceed the face amount; 3. The check is not post-dated or stale-dated;

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4. All instruments shall be made payable to the "Marin County Superior Court"

or other similar designee (no two-party checks); 5. The numeric figures on the check shall agree with the amount written in words; and 6. The sum shall be payable in U.S. currency. B. Refusal. Personal checks from persons known to have previously tendered worthless

or "Not Sufficient Funds" checks to the Clerk or other persons shall be accepted at the discretion of the Court Executive Officer or designee. C. Checks Tendered with Insufficient Funds. Pursuant to Penal Code section 4.76(a) persons making payment to the Court by personal or business check for criminal or traffic fines, fees or forfeitures must ensure that sufficient funds are available to honor these check transactions. If it is determined that there are insufficient funds in the payor’s bank account, the Court may refer the dishonored check(s) to the Enhanced Court Collections Program for collection and/or to the District Attorney for enforcement. If attorneys licensed by the California State Bar pay filing fees by tendering checks on accounts with insufficient funds, the Count may notify the State Bar of such dishonored checks. See Business and Professions code section 6091.1. D. Overpayments. When an amount paid to the Court exceeds the total amount due for any fine, fee or forfeiture, and the overpayment does not exceed ten dollars ($10.00), the Court shall accept the overpayment and deposit those funds in local Court revenue. In recognition of the administrative costs related to refunding overpayments of $10.00 or less, such overpayments will not be refunded to the payer. [Rule 8.12 adopted effective 5/1/98; amended 7/1/14; renumbered as Rule 1.12 effective 1/1/22; amended 7/1/24] 1.13 PAYMENT IN COINS The Clerk shall not accept coins as payment of any bail, fee or fine in amounts exceeding: twenty-five cents consisting of pennies, nickels, and dimes; and ten dollars consisting of dimes, quarters, and half dollars. [Rule 8.13 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 1.13 effective 1/1/22] 1.14 ORDERS TO DISBURSE FUNDS All orders to disburse funds previously deposited with the Court shall clearly state the full name and mailing address of each payee and the exact amount to be paid to each. In the case of final disbursement of funds in interest-bearing deposits, the order shall designate who is to receive any interest remaining in the account after the disbursement has been made. [Rule 8.14 adopted effective 5/1/98; renumbered as Rule 1.14 effective 1/1/22]

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1.15 DIGITAL SIGNATURES The Court will allow the use of a digital signature, which shall have the same force and effect as the use of a manual signature, if and only if it complies with all of the requirements of Government Code § 16.5. [Rule 8.15 adopted effective 7/1/99; renumbered as Rule 1.15 effective 1/1/22] 1.16 JUDICIAL FAIRNESS COMMITTEE Pursuant to the applicable Standards of Judicial Administration, the Court supports the establishment of a local committee to assist in maintaining a courtroom environment free of bias or the appearance of bias. In furtherance thereof, the Court has endorsed the Statement of Organization of the Marin County Judicial Fairness Committee approved and adopted jointly by the Boards of Directors of the Marin County Bar Association and the Marin County Women Lawyers. [Rule 8.16 adopted effective 7/1/99; renumbered as Rule 1.16 effective 1/1/22] 1.17 JUROR QUALIFICATION AND SELECTION A. Jury Commissioner. The Court Executive Officer is appointed as the Jury Commissioner and is designated as the "attaché" of the Court to perform all functions set forth in the Trial Jury Selection and Management Act (Code of Civil Procedure § 190 et seq.). These functions may be performed by a Deputy Jury Commissioner as may be designated by the Court Executive Officer. B. Source Lists. All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Marin County Superior Court will use the list of registered voters, the Department of Motor Vehicle’s list of licensed drivers and identification card holders, and the list of resident state tax filers from the Franchise State Tax Board. These three source lists are combined for use in the computer; using predetermined matching criteria, the computer then compares the names on the three lists and eliminates any duplicates which results in a single merged file list. In addition, the following process will occur in order to create a master file list and to generate a master list. 1. Elimination of Deceased and Disqualified Names. The merged list will be compared to the most recent list of death certificates provided by the Local Registrar of Births and Deaths. Any duplicates will be automatically purged from the merged list by the computer. The names and service records of jurors who served during the past 24 months will also be prepared for input and then compared with those in the merged file. The computer will be programmed to skip the name of a citizen who has served within 24 months of the date for which names are drawn. 2. National Change of Address System. Once the master list file is created it will be compared to the United States postal National Change of Address (NCOA). This is a file containing 113+ million permanent change of address records. This will assist in eliminating additional inconsistencies and duplications in the master list and remove all those potential jurors no longer living in Marin County.

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3. Master List Generation. After the source lists are combined, duplicates eliminated, and disqualified individuals purged, as set forth in this rule, a master list will be produced by using the complete randomization technique and shall be generated at least once each year. C. Qualification and Summoning. Qualifying and summoning prospective jurors from the master list will be performed as one integrated process. This is also known as a “one-step process”. On a daily basis, one month prior to each jury term, the jury clerk will determine the number of potential jurors to summon, based on the usual summons yield and the anticipated calendar load. The correct number of names from the master list will be input and a summons/questionnaire will print for the individuals selected. 1. Randomization – Method of Selection. Before the selection process is begun each month, the master list will be updated. No new names will be added to the file, but deletions will be made on the list where required. The names of those persons whose deferred service date falls within the month for which selection is being made and is more than thirty (30) days from their initial service date, will be added to the list of jurors for that date. The names of these jurors will be distinguished on the list from those selected at random. The selection process, using the complete randomization technique, will be performed by the computer drawing names from the master list. This selection method implies that each name from the combined source list is assigned or already has associated with it a number which is matched to a computerized random number generator or to a random number table as a means of selecting a subset or sample. 2. Specifications of Forms. The qualification/summoning forms generated by the computer will include: a. A summons and response form for juror use in reporting disqualification or requesting excuse by mail. The summons forms will instruct the prospective juror to telephone a special number or use the Court’s online juror system (Jury Duty | Superior Court of California | County of Marin) between the hours of 5:00 p.m. of the evening prior to his/her service date and 8:00 a.m. that morning, in order to find out if they need to report or not. b. Information on jury duty including the date, time, and a map showing the location of the jury assembly room, telephone numbers to call, and a brief outline of his/her duties. All forms will elicit only information necessary to determine the qualification of the prospective juror and will not be made public until he/she has been summoned and has appeared at the courthouse. 3. Delivery and Follow-up. The specified summons and qualification forms will be sent by first-class mail. As provided by CCP § 209, any prospective trial juror who has been summoned for service, and who fails to attend upon the court as directed or to respond to the court or jury commissioner and to be excused from attendance, may be arrested and, following an order to show cause hearing, the court may find the prospective juror in contempt of court, punishable by fine, incarceration, or both, as otherwise provided by law.

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D. Disqualification, Exemption, Excuse and Postponement Policy. 1. Disqualification. All persons are eligible and qualified to be prospective trial jurors, with the exception of those described in Code of Civil Procedure § 203. 2. Exemptions. In accordance with Code of Civil Procedure § 204, no eligible person shall be exempt from service as a trial juror by reason of occupation, race, color, religion, sex, national origin, or economic status, or for any other reason. Any request for a permanent excuse or exemption due to medical or other reasons, requires approval and authorization by the Jury Commissioner or designee. 3. Excuses. Please see California Rule of Court 2.1008(d) for reasons that allow a juror to be excused from jury service. Excuses may only be requested after a person has been summoned for jury duty. 4. Postponement. A potential juror may request postponement of jury service for up to ninety (90) days. Postponements may be obtained by calling Jury Services or using the Court’s online juror system (Jury Duty | Superior Court of California | County of Marin). E. Term of Service. The term of service is one trial/one day and is considered fulfilled when he or she has: 1. Served on one trial until discharged. 2. Been assigned to a trial department for jury selection and served until excused by the Deputy Jury Commissioner. 3. Attended court but was not assigned to a trial department for selection of a jury before the end of that day. 4. Served one day on call with same day notice to appear in court. [Rule 8.17 adopted effective 5/1/98; amended 7/1/19; renumbered as Rule 1.17 effective 1/1/22; amended 7/1/22] 1.18 COURT REPORTERS A. General Provisions. Official and pro tempore court reporter services and compensation are described in § 68086 et seq. of the Government Code, and in other applicable statutes, CRC, and rules of this Court. All matters required by law to be reported at the Court’s expense shall be reported. All other matters shall be reported at the request of the Court or the parties, subject to the availability of an official court reporter. As required by law, court reporting services shall be provided at the Court’s expense in all felony and juvenile matters and proceedings under the Lanterman-Petris-Short (LPS) Act. Court reporting services may also be provided at the request of the Court or the parties for certain types of civil proceedings. For the purposes of this local rule, “civil” is defined as all matters other than criminal, juvenile and LPS (e.g. civil, family law, probate.) These services, however, will be subject to the availability of a court reporter and the cost of court reporting services will typically be borne by the parties. Generally, the Court will not provide court reporters for the following types of proceedings: case management and status conferences; ex parte applications or hearings; orders

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to show cause; civil harassment; infractions and small claims. Court reporters may be used in such proceedings, but they shall be obtained, and the expense shall be borne, by the party requesting a reporter. The party requesting a reporter shall file ten (10) days’ advance written notice to the clerk of his/her request to have a reporter present during any of these proceedings. At the court’s discretion, in settlement of unlimited civil cases, the terms thereof shall be placed on the record by a court reporter or shall be reduced to writing and signed by all necessary parties, and the fact of the settlements shall be entered into the Court’s minutes. B. Use of Electronic Recording. Pursuant to Government Code § 69957, electronic recording may be used in the following types of proceedings, when an official reporter is unavailable: infractions, misdemeanors, limited jurisdiction civil matters, limited jurisdiction civil appeals, infraction and misdemeanor appeals, and small claims trials de novo. C. Court Reporting Services Requested by Parties in Civil Trials and Hearings. A party in any type of civil case must file a statement ten (10) days before the trial or hearing date indicating whether the party requests the presence of an official court reporter. The clerk shall notify a party having filed such a statement no later than five (5) days before the trial or hearing date if the services of an official reporter will not be available. Pursuant to CRC 2.956, if the services of an official court reporter are not available for a trial or hearing, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. It is the requesting party’s responsibility to pay the pro tempore reporter’s fee directly to the reporter for attendance at the proceedings, but the expense may be recoverable as part of the costs, as provided by law. Per diem fees for official court reporters are listed in the Court’s Uniform Filing Fee Schedule and are to be paid by the parties in all matters other than criminal, juvenile or LPS. If the court makes available an official reporter for the trial or hearing lasting longer than one hour, the per diem fee shall be advanced to the courtroom clerk before the commencement of each day’s proceedings. D. Reporting Notes of Certified Reporters Hired to Serve as Official Pro Tempore Reporters. Reporting notes of all certified shorthand reporters employed to report in this Court are the official records of the Court and shall be secured by the Court in accordance with Government Code § 69955. The notes may be lodged by email at courtreporter@marin.courts.ca.gov or by submitting a CD to the Clerk of the Court within thirty (30) days of reporting. The notes shall be labeled with the date recorded, the Court department, and the name of the reporter. [Rule 8.18 adopted effective 7/1/10; amended 1/1/20; renumbered as Rule 1.18 effective 1/1/22] 1.19 PUBLIC ACCESS TO JUDICIAL ADMINISTRATIVE RECORDS Any request for a copy of or to inspect a judicial administrative record pursuant to CRC 10.500 must be made in writing. Such request may be delivered to Room 116 (Administration) between the hours of 8:00 a.m. and 4:00 p.m., emailed to administration@marin.courts.ca.gov, or mailed to Marin County Superior Court, Administration (Room 116), P.O. Box 4988, San Rafael, CA 94913-4988. [Rule 8.19 adopted effective 7/1/11; renumbered as Rule 1.19 effective 1/1/22]

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1.20 REMOTE APPEARANCES – CIVIL, FAMILY, PROBATE, AND APPELLATE DIVISIONS A party making a remote appearance shall: (a) eliminate to the greatest extent possible all ambient noise from the party’s location; (b) speak directly into a telephone handset during the appearance; and (c) not utilize the “hold” button. Each time a party speaks, the party shall identify by name for the record and participate in the appearance with the same degree of courtesy and courtroom etiquette as a personal appearance would require. [Rule 8.20 adopted effective 1/1/18; amended and renumbered as Rule 1.20 effective 1/1/22; amended 7/1/24, amended 7/1/25] 1.21 NOTICE AND WARNING: SANCTIONS FOR INCLUDING SOCIAL SECURITY AND FINANCIAL ACCOUNT INFORMATION IN FILED DOCUMENTS A. California Rules of Court, rule 1.20, which is applicable to all documents filed in all civil and criminal proceedings unless otherwise required by law, provides that parties and their attorneys must not include, or must redact where inclusion is necessary, social security numbers and financial account numbers from any documents filed with the court other than under seal.

rule 1.201 provides that the responsibility for excluding or redacting identifiers from all documents filed with the court “rests solely with the parties and their attorneys. The court clerk will not review each pleading or other paper for compliance with this provision.” (Cal. Rules of Court, rule 1.201, subd. (b).) B. In addition to any other sanctions permitted by law, the Court may order any person, after written notice and an opportunity to be heard, to pay reasonable monetary sanctions to the court or an aggrieved person, or both, for failure without good cause to comply with this requirement. (See Cal. Rules of Court, rule 2.30, subd. (b).) [Rule 1.21 adopted effective 1/1/22] 1.22 CLERK’S OFFICE HOURS The Marin County Superior Court Clerk’s Offices are open 8:00 a.m.to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. [Rule 1.22 adopted effective 1/1/22]

[Rules 1.23 – 1.49 left intentionally blank]

1.50 ELECTRONIC RECORDS All documents filed in paper form with the Clerk of the Court will be scanned and entered into the court’s case management system as a computerized court record. The electronic record is the official record of the court. This Rule shall not apply to court reporter transcripts or to specifications for electronic recordings made as the official record of oral proceedings. These records shall be governed by the California Rules of Court (CRC). This rule shall not apply to original wills and codicils

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delivered to the Clerk of the Court pursuant to Probate Code section 8200. The Clerk of the Court shall retain original wills and codicils as provided in Government Code section 26810. Unless electronically certified by the court, a trial court record available by electronic access is not the official record of the court. All non-document filings, including physical objects or anything other than a document, may not be e-filed. This includes electronic files which cannot be converted to PDF such as music and video files. Such files must be filed manually in an accessible format. [Rule 1.50 adopted effective 1/1/22] 1.51 ELECTRONIC FILING This Rule applies to filing of all documents, electronically and paper, with the court. A. Applicable Statutes and Rules of Court. 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. B. Mandatory Electronic Filing Rules. 1. Mandatory Electronic Filing and 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. 2. Documents Not Filed Electronically. (a) The following documents shall not be filed electronically (i) subpoenaed documents; (ii) Affidavit re: Real Property of Small Value; (iii) Labor Commissioner deposits of cash or check; (iv) bonds and undertakings; (v) wills and codicils (vi) trial exhibits; and (vii) other documents. Please see: https://www.marin.courts.ca.gov/online-services/efiling (b) 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. The proof of service must reference the date the document was originally served in open court.

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(c) A party may be excused from filing any particular document electronically if it is not available in electronic format and it is not feasible for the party to convert the document to electronic format by scanning it to PDF, or if it may not be comprehensively viewed in an electronic format. Exhibits to declarations that are real objects also need not be filed electronically. Such a document or exhibit may be manually filed with the Clerk of the Court and served on the parties by non-electronic means. A party manually filing such a document or exhibit must file electronically and serve a Notice of Manual Filing describing the document or exhibit and stating the reason the party cannot electronically file the document or exhibit. (d) Any required courtesy copies are deemed submitted upon the e-filing of an original document unless otherwise ordered by the court. 3. Self-Represented Parties. 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. Self-represented parties are encouraged to agree to electronic filing and service, and may agree by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Judicial Council Form EFS-005-CV). 4. Party Requests for Excuse from Electronic Filing and Service. A party who is required to file, serve, and receive documents electronically under this Rule may request to be excused from those requirements by showing undue hardship or significant prejudice. Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing, as fee waivers may be requested if the party otherwise qualifies for or has been granted a fee waiver, as provided in this Rule. The party must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008). 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. 5. Electronic Filing Fee Waiver. A party who has received a fee waiver is not required to pay any fee for electronic filing and service. A party who has not already received a fee waiver may request a waiver of the fees for electronic filing and service by filing with the court an Application for Waiver of Court Fees and Costs, (Judicial Council Forms FW-001 and FW-002). 6. Date and Time of Filing. Parties may electronically transmit a document to the court at any time. Acceptance of a transmitted document for filing occurs on the (i) date the document is submitted, if the submission occurs between 12:00 a.m. and 11:59 p.m. on a day when the Clerk of the Court’s office is open for business, or (ii) next day when the Clerk of the Court’s office is open for business following submission of the document, if the submission occurs on a day when the Clerk of the Court’s office is closed.

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7. Confirmation of Receipt and Filing. The court will provide an electronic confirmation to the filer indicating the date and time the document was received and the date and time the document was filed. 8. Errors in Electronically Filed Documents. The filing party is solely responsible for the accuracy of the data and information contained in electronically filed documents. 9. User Technical Problems. In the event a filer is temporarily unable to electronically file due to technical problems, the filer should follow procedures set forth by the court. The court may establish policies and procedures for filers to follow when requesting an extension of time due to technical problems. Otherwise, such requests may be made by ex parte motion, addressed to the judge to whom the case is assigned for all purposes, or, if the case has not been assigned, to the Supervising Judge of the relevant division. The Clerk of the Court, pursuant to established policies and procedures in effect at any time, may determine whether a filer has complied with established policy and procedures entitling the filer to an extension of time. The filer may alternatively file by submitting documents to a court approved electronic filing vendor. The vendor must then convert those documents to electronic form, file them with the Clerk of the Court, and serve designated parties as provided. Filers filing via facsimile through a vendor must be charged fees reflecting the vendor’s then current published rates for filing and service in this manner. 10. User Error or Vendor Technical Problems. If electronic filing or service does not occur due to (1) error in the transmission of the document to a vendor or served party which was unknown to the sending party; (2) a vendor’s failure to process the electronic document; (3) a party’s erroneous exclusion from the service list; (4) other technical problems experienced by the vendor, then the filer affected may be entitled to an extension of time for any response or the period within which any right, duty, or other act must be performed, provided the filer demonstrates that the filer attempted to file or complete service on a particular day and time. The court may establish policies and procedures for the way in which a filer may demonstrate the filer attempted to file or complete service on a particular day and time. The Clerk of the Court, pursuant to established policies and procedures in effect at that time, may determine whether a filer has complied with established policy and procedure entitling filer to an extension of time. 11. Hearing Dates for Electronically Filed Motions. Hearing dates and times for motions or Requests for Orders (RFO’s) filed electronically under this rule shall be set in conformity with the procedures followed in the courtroom in which the motion or RFO will be set for hearing or heard. If filed electronically, parties will be noticed electronically by the Court. If filed in person, parties will receive notice via mail or other non-electronic notice. 12. E-Filing and Service of Orders and Other Papers by Court. The Court may issue, file, and serve notices, orders and other documents electronically subject to the provisions of these Rules.

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13. Confidential Documents. (a) Except as provided in CRC 2.500 through 2.507, an electronically filed document is a public document at the time it is filed unless it is ordered sealed pursuant to CRC 2.550 – 2.551 or filed as a confidential document pursuant to law. Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must refrain from including, or must redact where inclusion is necessary, the personal data identifiers from all documents, including exhibits, filed with the court under this Rule, such as social security numbers and financial account numbers. (CRC 1.201) (b) A motion to file documents under seal must be filed and served electronically. Confidential documents shall be lodged or filed with the court by electronic submission in the manner described in CRC 2.551(d). Such records must not be submitted in paper form, unless an exception to the mandatory electronic filing rules applies or has been granted. A cover sheet that identifies the lodged or sealed documents must be electronically filed. Redacted versions of any lodged or sealed documents must be filed electronically at the same time. 14. Format for Exhibits and Documents. Exhibit attachments to pleadings filed electronically shall be separated by a single page with a title identifying the sequence of the exhibit. All exhibits must be electronically bookmarked (referred to in these Marin County Local Rules as “bookmarked”) for ease of reference. Any pleadings or documents (except for trial exhibits) that are submitted to the Clerk of the Court in paper format must not be stapled but instead must be held together by binder clips or two-prong fasteners. 15. Trial Exhibits Not to be Filed Electronically. Proposed trial exhibits must not be filed electronically but instead must be lodged in paper format with the trial department once assigned, unless otherwise instructed by the trial judge. C. Electronic Filing Rules for Non-Criminal Cases. 1. Mandatory Electronic Filing and Service. Upon implementation of the Court’s E-filing system, parties filing documents electronically must use one of the court’s approved electronic filing service providers. Information concerning the approved electronic filing service providers, including the procedures for electronically filing documents with the court and for electronically serving documents, is available on the court’s website at www.marin.courts.ca.gov. Until such time, parties may use the Court’s E-delivery system to file documents as provided on the Court’s website or continue to file paper documents in person in the Clerk’s Office. 2. Proposed Orders in Probate Cases. Subject to any applicable exemptions, proposed orders submitted with the moving papers before a hearing on a regularly- noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. 3. Proposed Orders in Civil and Family Cases. Proposed orders may not be submitted with moving papers before a hearing on a regularly-noticed motion or RFO unless ordered by the court or if otherwise required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors’ claims,

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orders on objections to evidence in summary judgment motion, pro hac vice applications, applications for writs of attachment, etc.). If instructed to prepare an order after a hearing, proposed orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. D. Electronic Filing Rules for Criminal Cases. Pursuant to Penal Code section 959.1, a criminal prosecution shall be commenced by filing an accusatory pleading in electronic form. Represented parties in criminal matters shall file and serve documents electronically pursuant to Penal Code section 690.5(a), Code of Civil Procedure 1016.6, and the authorities cited in Local Rule 1.51(B) above except for any Motion to Set Aside a Bail Forfeiture and any appeal of a denial of a Motion to Set Aside a Bail Forfeiture. Parties may electronically file documents in two ways: (1) Parties with computer systems that are integrated with the court’s case management system may file directly through those systems. Parties with computer systems that are integrated with the court’s system include the Marin County District Attorney’s Office, Marin County Public Defender’s Office, Marin County Probation Department, Division of Adult Parole Operations of the California Department of Corrections and Rehabilitation, California Department of Child Support Services, and the California Department of Social Services. (2) Until implementation of the Court’s E-filing system, parties that do not have computer systems that are integrated with the Court’s case management system may use the Court’s E-delivery system to file documents as provided on the court’s website or continue to file paper documents in person in the Clerk’s Office. [Rule 1.51 adopted effective 1/1/22; amended effective 7/1/24; amended effective 1/1/26] 1.52 “DEFINITION OF JUDICIAL DAY OF VACATION” (CRC 10.603(c)(2)(H) Pursuant to California Rule of Court 10.603(c)(2)(H), a judicial “day of vacation” is defined as an approved absence from the Court for one full business day. A request for vacation time or other absence from the Court shall be submitted to the Presiding Judge or a designee with reasonable advance notice. Absences from the court to attend an authorized education program, conference, or workshop or participate in Judicial Council or other authorized committees or community outreach activities, is not considered vacation time if prior approval has been granted by the Presiding Judge or a designee. A judge may take two personal leave days per year subject to prior approval by the Presiding Judge or a designee. [Rule 1.52 adopted effective 7/1/24] 1.53 REMOTE APPEARANCE – INTERPRETER NOTIFICATION Parties appearing remotely and requiring an interpreter must file the Court’s local form INT001 at least five (5) court days prior to scheduled hearing. [Rule 1.53 adopted effective 7/1/25

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2. CIVIL RULES

GENERAL PROVISIONS 2.1 CITATION These civil rules should be cited as "Marin County Rule, Civil" or "MCR Civ" followed by the rule number (e.g., Marin County Rule, Civil 2.1 or MCR Civ 2.1). For the purposes of these rules, “parties” means actual parties, counsel for parties and self-represented parties. [Rule 1.1 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.1 effective 1/1/22] 2.2 APPLICATION OF RULES All civil cases filed in Marin County will be assigned a single judge for all purposes at the time of filing of the action. Unless otherwise noted, these civil rules apply to all civil cases, regardless of classification or jurisdictional amount. These rules do not apply to family law or probate cases. Although the Court is unified, statutory, and state-wide rules regarding the differences between the jurisdictional classification of cases remain in effect (e.g., jurisdictional limits, discovery rules). [Rule 1.2 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.2 effective 1/1/22]

ADMINISTRATION OF CIVIL LITIGATION 2.3 FORMS TO BE ISSUED BY CLERK UPON FILING OF COMPLAINT Upon the filing of a complaint, the Clerk will provide to the plaintiff or cross- complainant the following three documents: 1. Notice – Judicial Assignment, indicating the assigned judge; 2. Notice – Case Management Conference, indicating the date of the first Case Management Conference; and 3. A file-stamped copy of the Summons and Complaint From the Court’s website at www.marin.courts.ca.gov under Forms & Filing, Judicial Council Forms section, the plaintiff or cross-complainant shall obtain the following two documents: 4. A blank Case Management Statement (CM-110) 5. A blank Notice of Settlement of Entire Case (CM-200) [Rule 1.3 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.3 effective 1/1/22; amended 7/1/26] 2.4 CASE MANAGEMENT CONFERENCES The Court shall calendar and conduct Case Management Conferences. The Court may sanction parties who fail to attend or participate. The Court shall set the First Case Management Conference for a date not later than 180 calendar days after the filing of a complaint. If a case is transferred from another jurisdiction after a responsive pleading has been filed, the Court shall set the First Case Management Conference for a date not later than forty-

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five (45) calendar days from the filing of the action in this Court. If no responsive pleading has been filed, the Court shall set the First Case Management Conference for a date not later than ninety (90) calendar days from the filing of the action in this Court. [Rule 1.4 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.4 effective 1/1/22] 2.5 SERVICE OF SUMMONS AND COMPLAINT A. Forms with Summons and Complaint and Return of Proof of Service. The plaintiff or cross-complainant shall serve the summons and complaint together with the five documents described in MCR Civ 2.3. B. Sanctions. 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. Failure to do so will result in the issuance of an Order to Show Cause as to why the Court shall not sanction the plaintiff or cross-complainant for failure to comply with this rule. Responsive papers to the Order to Show Cause must be filed and served five (5) court days in advance of the hearing. C. New Parties in Cross-Complaint. 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. The Court may impose sanctions for failure to comply with MCR Civ 2.5B. [Rule 1.5 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.5 effective 1/1/22] 2.6 RESPONSIVE PLEADING A. Service. 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. B. Entry of Default. 1. If a responsive pleading is not filed, the plaintiff or cross-complainant must, within ten (10) calendar days after the statutory time for filing the responsive pleading has expired, request the entry of a default. Upon the plaintiff’s or cross-complainant’s failure to request entry of default, at the First Case Management Conference an Order to Show Cause will issue as to why the Court should not impose sanctions for the failure to request entry of default. 2. A default judgment by clerk may be submitted in cases where Code of Civil Procedure § section 585 applies. 3. Parties may seek to set aside a default by a stipulation submitted with a proposed order. If the Court approves the order, an answer or other responsive pleading must be filed within ten (10) days of the filing of the order. [Rule 1.6 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.6 effective 1/1/22; amended 7/1/26]

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LAW AND MOTION MATTERS 2.7 FORM AND FORMAT OF PAPERS PRESENTED FOR FILING A. Documents Presented for Filing. All documents presented for filing in any civil law and motion proceeding must comply with the Civil Law and Motion Rules of the California Rules of Court (CRC), commencing with CRC 3.1110 et seq., as well as CRC 2.100 et seq. B. Discovery Motions. All discovery motions presented for filing must state “Discovery Motion” on the caption page. [Rule 1.7 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.7 effective 1/1/22] 2.8 MISCELLANEOUS GENERAL PROVISIONS A. Copies for Filing. The following applies to those who have been excused by the Court from E-filing. A filing must include an original and one copy of each motion, petition for writ of mandate, attachment or possession, preliminary injunction, demurrer, and all other papers filed in support or opposition. The copy should be identified as such on the upper right-hand corner of the document and should contain the same items as the original with regard to tabs, etc., including any highlighting. B. Conformed Copies. The following applies to those who have been excused by the Court from E-filing. If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies of any pleading at the time of filing. Parties requesting that the Court mail them conformed copies of their filings must provide a self- addressed stamped envelope of proper size and with sufficient postage. If no envelope is provided, the conformed copy will be placed in the Will Call cabinet in the Clerk’s Office in Room 113 for a maximum of sixty (60) calendar days. If the envelope provided or the postage is insufficient to mail the conformed copy, it will be placed in the Will Call cabinet for a maximum of sixty (60) calendar days. C. Attachment of Previously Filed Documents. 1. Parties shall not attach previously filed documents, other than certain motions as specified in MCR Civ 2.8C2, to a filed pleading. 2. For demurrers, motions to strike, motions for judgment on the pleadings, and motions for summary judgment / summary adjudication, parties shall attach the operative pleading as an exhibit. All referenced exhibits must be bookmarked. D. Filing Documents on Shortened Time. All motions or other pleadings filed on an order shortening time shall state on the caption page that the matter was brought on an order shortening time, with the file date of the order. E. Court's Research Staff. Parties shall not initiate communications with the Court's research attorneys. F. Documents Filed or Conditionally Filed Under Seal. For parties filing documents under seal or conditionally under seal, all redacted portions of the public filings shall be highlighted on the documents filed or conditionally filed under seal for the Court’s ease of reference.

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G. Unopposed Motions and Untimely Oppositions

1. A failure to file an opposition to a motion may be deemed consent to the granting

of such motion, with the exception that a motion for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c may not be granted solely based on the failure to file an opposition. (See, e.g., CRC 8.54(c) [“A failure to oppose a motion may be deemed a consent to the granting of the motion”]; see also Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [failure to oppose a demurrer may be construed as having abandoned the claims].)

2. The Court may decline to consider any memorandum or other document not filed

within the deadline set by the applicable statute. The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting of the motion, but for motions for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c.

[Rule 1.8 adopted effective 5/1/98; amended and renumbered as Rule 2.8 effective 1/1/22, amended 7/1/25] 2.9 HEARINGS A. Hearing Dates. The Clerk’s Office will assign all motion hearing dates at the time a motion is filed unless otherwise ordered by the Court. Parties cannot reserve dates or obtain them over the telephone. This rule does not apply to motions brought pursuant to Code of Civil Procedure § section 128.7. Parties bringing such a motion may obtain a hearing date at the Clerk’s Office and will establish the filing deadline with the Law & Motion Clerk at that time. B. Continuances. Requests to continue law and motion matters shall be granted upon filing of a stipulation signed by all parties no later than five (5) court days prior to a hearing. Requests to continue law and motion matters filed fewer than five (5) court days prior to a hearing will not be granted without written order of the Court. C. Removing Matters from Calendar. When a law and motion matter has been resolved, written notification to the clerk’s office is required, so that the clerk can drop the hearing from calendar. The moving party shall drop an appearance at the earliest possible opportunity. If the moving party drops an appearance within five (5) court days of when the matter is on calendar, the moving party shall file a declaration explaining to the Court why the appearance could not have been dropped sooner. [Rule 1.9 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.9 effective 1/1/22; amended 7/1/24 2.10 TENTATIVE RULINGS A. Obtaining Rulings. Parties may obtain tentative rulings online at (Tentative Rulings

| Superior Court of California | County of Marin) or by calling (415) 444-7260 from 2:00 p.m.

to 4:00 p.m. on the court day preceding the scheduled hearing. B. Oral Argument. If a party wants to present oral argument, the party must contact the court at (415) 444-7046 and all opposing parties by 4:00 p.m. of the court day preceding the scheduled hearing. Notice may consist of a phone call or email to all other parties that

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argument is being requested (i.e., it is not necessary to speak with counsel or parties directly). Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. C. Length of Hearings. Non-evidentiary hearings on the Law and Motion calendar are limited to a maximum of 20 minutes. D. Sanction Requests. All requests for sanctions not ruled upon are deemed denied. [Rule 1.10 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.10 effective 1/1/22] 2.11 ORDERS Except in unlawful detainer cases, or when the Court otherwise directs, the prevailing party shall prepare an order consistent with the announced ruling in accordance with CRC 3.1312. Parties shall meet and confer in good faith to resolve all differences concerning the wording of the order. If, after argument, the Court adopts the tentative ruling as the final ruling in a case, a party may deliver an order reflecting that ruling to the Court at the end of the hearing without obtaining approval of other parties. Once an order is signed by the Court and filed, the party preparing the order shall provide conformed copies to all parties. [Rule 1.11 adopted effective 5/1/98; amended and renumbered as Rule 2.11 effective 1/1/22] 2.12 APPLICATIONS FOR EX PARTE ORDERS, PROVISIONAL REMEDIES AND ORDERS SHORTENING TIME All applications must comply with applicable CRC rules (e.g., CRC 3.1200 et seq., 3.1300.). Except as otherwise specifically provided by these rules, parties shall present applications for ex parte orders or provisional remedies as follows: Parties shall present civil applications involving injunctive relief, extraordinary provisional remedies (writs of attachment), emergency relief and appointment of receivers and any matters subject to the civil delay reduction program to the civil judge assigned to the action at the time of filing. However, if the judge to whom an application should be presented under this rule is unavailable (i.e., not physically present) or is disqualified, or in cases of emergency, then parties shall present the application to the assigned judge’s designated backup judge. Parties may obtain the time for presenting applications in each department online at https://www.marin.courts.ca.gov/divisions/civil. At the time of the hearing, parties should be prepared to make a showing justifying their emergency to proceed ex parte. Parties shall pay the ex parte application filing fee to the Clerk’s Office prior to the hearing in a department. [Rule 1.12 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.12 effective 1/1/22; amended 7/1/26] 2.13 DISCOVERY FACILITATOR PROGRAM A. Policy of the Marin County Superior Court. Parties must reasonably and in good faith attempt informal resolution of each issue in any discovery dispute in a civil case prior to filing a discovery motion. Parties must submit a declaration setting forth this reasonable and good faith attempt at resolution with any discovery motion, pursuant to Code of Civil Procedure section 2016.040. Notwithstanding the outcome of a particular motion, the Court may impose a monetary sanction on any party who fails to meet and confer as required, for the reasonable expenses, including attorneys’ fees, incurred by anyone as a result of that failure. Code Civ. Proc., § 2023.020.)

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For any discovery dispute in a civil case that the parties cannot resolve informally in the meet and confer process, it shall be the policy of the Marin County Superior Court to require use of the Discovery Facilitator Program (“the Program”). Reasonable and good faith participation in the Program before the filing of a discovery motion satisfies a party’s meet and confer obligation for purposes of this rule. In furtherance of this policy, all parties to a discovery dispute are expected to participate in good faith in the Discovery Facilitator Program or another appropriate form of dispute resolution before the matter is set for hearing. Nonparties who are the subject of a discovery motion (including third-party recipients of subpoenas or discovery requests) are encouraged, but not required, to participate in the Discovery Facilitator Program or other ADR process. The Court may consider the participation or non-participation of such nonparties in managing how the discovery motion proceeds. B. Participation in the Program. Parties to a civil case discovery dispute shall be referred to the Program or participate in the Program in one of the following ways: 1. Before the Filing of a Discovery Motion. The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation with the court. Filing the stipulation will toll the time for filing the discovery motion until a party files a Declaration of Non-Resolution with the Court (see Rule 2.13H); or 2. After the Filing of a Discovery Motion. After the filing of a discovery motion, the Court shall refer the dispute to the Program. All discovery motions will be referred to the discovery facilitation process. The parties and the discovery facilitator shall promptly commence the resolution process upon the discovery facilitator’s appointment. The court anticipates that the motion will not go forward on the assigned hearing date if the court has not received a Declaration of Non-Resolution of the motion at least five (5) court days prior to the scheduled hearing date. C. Discovery Facilitator Panel. The Court shall maintain a list of qualified Discovery Facilitators. Each panelist on the list must be an active member of the State Bar licensed for at least 10 years or a retired judge. D. Selection of a Discovery Facilitator. The Discovery Facilitator shall be selected for a discovery motion as follows: 1. The ADR Coordinator shall select, at random, a number of names from the panel of qualified Discovery Facilitators equal to the number of sides plus one and shall prepare a list of the names of the randomly selected Discovery Facilitators. The ADR Coordinator shall provide this list to the parties upon the filing of a discovery motion or referral stipulation. For purposes of this rule, a “side” shall consist of all parties represented by the same counsel (e.g., where one counsel represents more than one plaintiff or cross-complainant or more than one defendant or cross-defendant). 2. If the parties agree on the selection of a Discovery Facilitator from the list provided, they shall notify the ADR Coordinator within ten (10) calendar days following the filing date of the discovery motion or referral stipulation. If the parties cannot agree on a Facilitator, then within the ten (10) calendar day period, each side shall submit to the ADR Coordinator a written rejection identifying no more than one name on the list of potential Facilitators that it does not accept.

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3. Promptly upon expiration of the ten (10) calendar day period, the ADR Coordinator shall appoint one of the persons on the list who was either agreed upon or whose name was not rejected to serve as Discovery Facilitator. 4. The ADR Coordinator shall promptly assign the case to the Discovery Facilitator and shall serve the “Notice of Appointment of Discovery Facilitator” on all parties and on the Discovery Facilitator. Upon receipt of the “Notice of Appointment of Discovery Facilitator,” the parties shall promptly deliver to the Discovery Facilitator copies of the pleadings and discovery necessary to facilitate resolution of the dispute. E. Facilitator Process. The Discovery Facilitator shall establish the procedures in each

case to be utilized by the parties, through telephone conferences, exchange(s) of letters or emails and/or in-person conferences, for discussion and attempted resolution of the discovery dispute. F. Compensation. Beginning from the time the Discovery Facilitator receives notice from the parties or the Court of an appointment, the Discovery Facilitator shall devote up to two (2) hours, without charge to any of the parties, in an attempt to facilitate resolution of the discovery dispute. If the matter has not resolved after the two hours, the parties may continue working with the Discovery Facilitator if the parties and the Discovery Facilitator agree regarding the Discovery Facilitator’s compensation. G. Resolution. If a pending discovery motion is resolved, then no later than five (5) calendar court days before the scheduled law and motion hearing date the moving party shall withdraw the motion and drop it from the calendar. If the motion is not dropped at least five (5) court days prior to the date it is on calendar, the moving party shall file a declaration explaining to the Court why the motion could not have been dropped sooner. H. Declaration of Non-Resolution. 1. If a discovery dispute is not resolved with the assistance of the Discovery Facilitator, each party shall file and serve a pleading entitled “Declaration of Non- Resolution.” The Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions. If the parties entered the Program after filing a discovery motion, then the Declaration caption shall include the name of the motion and the date of the hearing, and the parties shall file and serve it no later than five (5) court days prior to the hearing. 2. If the Declaration of Non-Resolution is filed less than five (5) court days prior to the date the motion is on calendar, the Court shall issue a tentative ruling, dropping the hearing from calendar. 3. 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. [Rule 1.13 adopted effective 7/1/12; amended 7/1/17; renumbered as Rule 2.13 effective 1/1/22; amended effective 1/1/26; amended 7/1/26]

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SETTLEMENT AND ISSUE CONFERENCES 2.14 SETTLEMENT CONFERENCE A. Mandatory Settlement Conference. The Court shall hold a mandatory settlement conference in all cases where a jury trial has been demanded or in the Court’s discretion. B. Settlement Conference Statement. At least ten (10) court days before the settlement conference, parties shall lodge a settlement conference statement with the Court. If excused by the Court from E-filing, the excused party shall mail the statements to the settlement panelists. The Court may impose sanctions of $99 per calendar day for statements lodged late. The parties shall note the date and time of the settlement conference and trial on the face sheet of the statement. The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. Pertinent excerpts of medical reports, depositions, photographs, and records with material portions highlighted on all copies submitted; 2. The highest previous offer and lowest previous demand; 3. The date of the last face-to-face settlement discussion; 4. Presentation of any special barriers to settlement. C. Required Attendance. The Court requires personal attendance at all settlement conferences by lead trial counsel, a client representative with full settlement authority, and in cases involving third-party payors, a representative with full settlement authority from each third-party. Exceptions to this rule require advance written approval from the Court. D. Sanctions. An attorney’s or party’s failure to prepare for, appear at, or participate in a settlement conference, absent good cause shown, may result in the imposition of sanctions. [Rule 1.14 adopted effective 5/1/98; amended and renumbered as Rule 2.14 effective 1/1/22; amended 7/1/26] 2.15 ISSUE CONFERENCE A. Attendance. The Issue Conference shall be held before the trial judge. Trial counsel for each party must attend such conference. The trial judge may also require all parties and claims representatives to attend. B. Documents to be Filed for Issue Conference. Not later than ten (10) court days before an Issue Conference, each party shall file and serve the following: 1. Issue Conference Statement; 2. A proposed statement of the case to be read to the jury; 3. Proposed voir dire questions; 4. Proposed jury instructions; 5. Proposed verdict forms; 6. Motions in Limine (if any). All motions in limine must be in writing and consecutively numbered. Any opposition, response, or statement of non-opposition to motions in limine must be in writing and filed not later than five (5) court days before

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the Issue Conference. Each opposition, response, or statement of non-opposition must be numbered to correspond to the applicable motion in limine. C. Issue Conference Statements. Parties shall include the following in the Issue Conference Statement for consideration at the Issue Conference: 1. A statement of the facts, law, and respective contentions of the parties regarding liability, damages and (if applicable) the nature and extent of injuries; 2. Any unusual evidentiary or legal issues anticipated at trial; 3. All matters of fact believed by any party to be appropriate for stipulation; 4. A list of all witnesses to be called and a brief statement of anticipated testimony; 5. A list of all exhibits to be introduced; 6. A trial length estimate. Other than as relates to impeachment or rebuttal, or for good cause shown, witnesses and exhibits not identified in the Issue Conference Statement will be excluded at trial. D. Courtesy Copies. Not later that than five (5) court days before the Issue Conference, the parties shall provide courtesy hard copies of all documents listed in 2.15 B and C directly to the trial department. These copies shall be submitted in an indexed binder and each motion shall be separately bookmarked in a manner consistent with the requirements set forth in CRC 3.1110(f). [Rule 1.15 adopted effective 5/1/98; amended and renumbered and Rule 2.15 effective 1/1/22; amended 1/1/24; amended 1/1/25]

RULES FOR CERTAIN CIVIL CASE TYPES 2.16 APPROVAL OF COMPROMISE OF MINOR’S CLAIM A. Application. All applications for Court approval of a compromise of minor’s claim, pursuant to CRC 7.950, shall include as attachments current medical reports giving a diagnosis and prognosis of the minor's condition. Medical costs covered by medical insurance available to the minor or the minor’s parents shall not be included as items of reimbursement. B. Attorney's Fees. The Court shall award reasonable attorney’s fees in these proceedings pursuant to California Rules of Court, rule 7.955. C. Forms to Deposit Money. All applications filed to request an order to deposit money belonging to a minor shall be accompanied by completed Judicial Council forms MC-350, MC- 351, and MC-355. D. Hearing Assignment. Applications shall be assigned for hearing by the Court on the default calendar of a civil or probate department. [Rule 1.16 adopted effective 5/1/98; amended and renumbered as Rule 2.16 effective 1/1/22] 2.17 UNLAWFUL DETAINERS A. Settlement Conferences. Settlement conference statements are not required for unlawful detainer cases. Even when no trial date has been scheduled, a party in an unlawful

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detainer action may request a settlement conference by filing a request with the Court. The Court will set the requested settlement conference on the same date and time as it schedules other unlawful detainer settlement conferences. B. Orders. The prevailing party shall prepare an order after the Court has granted any motion. Because time is of the essence, the prevailing party is not required to send the order to the opposing party for approval as to form. [Rule 1.17 adopted effective 5/1/98; amended and renumbered as Rule 2.17 effective 1/1/22; amended 7/1/26] 2.18 UNINSURED MOTORIST CASES A. Required Declaration. Plaintiff's or cross-complainant’s counsel shall file a declaration captioned "Request for Temporary Exemption - Uninsured Motorist Case" at the time of filing of the complaint or cross-complaint, or within ten (10) calendar days of learning that an action will proceed as an uninsured motorist case. The declaration shall set forth the following information: 1. A statement that coverage likely exists under an uninsured motorist's insurance policy; 2. The name of the carrier and limits of coverage; and 3. Whether counsel believes that the limits of coverage are adequate to compensate for known loss or damage, that plaintiff(s) or cross-complainant(s) will promptly pursue such remedy, and whether counsel intends to assign the claim or dismiss the pending action upon conclusion of the uninsured motorist claim. B. Court Designation. Upon review of the required declaration, the Court may designate the action as an uninsured motorist case. Upon such designation, the time requirements under these rules will be suspended for not more than 180 calendar days from the date the complaint or cross-complaint was filed or the date the case was designated an uninsured motorist case, whichever is earlier. The Court shall set a case management conference to be held at the end of the suspension period. If a dismissal has not been filed, plaintiff's or cross- complainant’s counsel shall file a declaration five (5) court days prior to the case management conference. The declaration shall describe the status of the arbitration. [Rule 1.18 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.18 effective 1/1/22] 2.19 SMALL CLAIMS A. Continuances. Any party may submit a written request to postpone a hearing for good cause. The Court will only consider requests to continue small claims proceedings if the Court receives the request in writing at least ten (10) calendar days before the hearing date, unless the Court determines that the requesting party has good cause to file the request at a later date. The requesting party shall mail or personally deliver a copy of the continuance request to each of the other parties to the action. 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.

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B. Exhibits.

Plaintiffs: 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. A plaintiff can also use Small Claims Evidence Cover Sheet (Local Form SC015) and follow the service and filing instructions included on the form.

Defendants: 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. If the defendant does not have a claim, a defendant can use Small Claims Evidence Cover Sheet (Local Form SC015) and follow the service and filing instructions included on the form.

All Small Claims customers can file their documents (including evidence) either in person in Room 113 or via eFiling. [Rule 1.19 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.19 effective 1/1/22; amended 7/1/26] 2.20 SANCTIONS If the Court finds that any counsel, a party represented by counsel, or a self-represented party has failed to comply with these local rules, the Court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part of it, or enter a judgment by default against a party, or impose other penalties of a lesser nature as otherwise provided by Law. The Court also may order a party or a party’s counsel to pay the moving party’s reasonable expenses in making the motion for sanctions, including reasonable attorney fees. [Rule 1.20 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 2.20 effective 1/1/22, renumbered as Rule 2.21 7/1/25; renumbered as Rule 2.20 7/1/26] 2.21 DOCUMENTS NOT FILED OR ADMITTED AT HEARING OR TRIAL Documents not filed or admitted at a hearing or trial and left at the courthouse will be discarded immediately following the hearing or trial without notice to the parties. This includes binders and boxes containing the documents. [Rule 1.21 adopted effective 1/1/15; amended 7/1/15; renumbered as Rule 2.21 effective 1/1/22, renumbered as Rule 2.22 7/1/25, renumbered as Rule 2.21 7/1/26] 2.22 PROCEDURES FOR HANDLING MEDIATOR COMPLAINTS A complaint about conduct of a mediator on the mediation panel will be directed to the presiding judge. The Court will maintain a file of each complaint and its disposition. The presiding judge or a judge or judges designated by the presiding judge will review each complaint promptly. Each complainant will be notified promptly in writing of the disposition of the complaint. [Rule 1.22 adopted effective 1/1/04; amended 7/1/15; renumbered as Rule 2.22 effective 1/1/22, renumbered as Rule 2.23 7/1/25; renumbered as Rule 2.22 7/1/26]

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3. FELONY AND MISDEMEANOR RULES

3.1 CITATION These felony and misdemeanor rules should be cited as "Marin County Rule, Felony/Misdemeanor" or "MCR Crim" followed by the rule number (e.g., Marin County Rule, Felony/Misdemeanor 3.1 or MCR Crim 3.1). [Rule 2.1 adopted effective 5/1/98; amended 1/1/13; renumbered as Rule 3.1 effective 1/1/22] 3.2 ASSIGNMENT OF CRIMINAL MATTERS A. New Out of Custody Misdemeanor Complaints. Each new out of custody misdemeanor complaint shall be assigned to Department N at 8:30 a.m. for arraignment. If a defendant appears without counsel, the court shall advise the defendant of the option to obtain counsel, and to the right to appointed counsel if the defendant cannot afford counsel. If a defendant is represented by counsel, said counsel may appear pursuant to Penal Code §977 and enter a letter plea by filling out the Court’s Arraignment Plea and Counsel Form (CR016). At arraignment, a defendant may elect to: 1. Plead guilty on the day of arraignment. A defendant wishing to plead guilty on the day of arraignment shall be referred to Department M to appear immediately following arraignment. Said defendant may enter a guilty plea. Pronouncement of judgment may occur immediately or on a subsequent date, in the discretion of the court. A defendant who desires counsel but does not have counsel present, may not enter a guilty plea on the day of arraignment. 2. Defer entry of plea. A defendant wishing to defer entry of plea shall be referred to Department M for appearance within thirty (30) days for entry of plea and appearance of counsel (if counsel is desired). A defendant who qualifies for public representation and desires counsel shall be referred, at arraignment, to the Public Defender’s Office for an eligibility determination. If eligible for public representation, the public defender may appear for the defendant pursuant to Penal Code §977 at the next hearing. B. New In-Custody Misdemeanor Complaints – no other criminal matters pending. Each new in-custody misdemeanor complaint shall be calendared in Department M at 1:30 p.m. for arraignment. If there are other active or post judgment felony matters in other departments, the new in-custody misdemeanor arraignment shall be assigned to the department presiding over the felony matters. C New Felony Complaints – no other criminal matters pending. Each new felony complaint shall be assigned at random to a felony department. New felony complaints shall be assigned randomly unless a defendant already has a pending or active post-judgment felony case in a department. (See subdivision D below) D. New Criminal Complaints – other felony matters pending. If a defendant in a new criminal complaint has pending felony matters or felonies on active probation or mandatory supervision, the new complaint shall be assigned to the same Judicial Officer to whom the pending and active post-judgment felony matters have previously been assigned.

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E. Post Release Community Supervision and Parole Petitions. Post release

community supervision petitions shall be assigned in the same manner as in MCR Crim 3.2C and D. F. Petitions to Revoke or Modify Probation or Terminate Diversion. 1. A petition to revoke or modify probation or terminate diversion, or any post- judgment matter in a felony case, shall remain in the department to which it is presently assigned. 2. A petition to revoke or modify probation or terminate diversion, or any post- judgment matter in a misdemeanor case, shall be assigned to Department M, unless there are other active criminal cases for that defendant. If there are other active cases, the petition or post-judgment matter will go to the department assigned to hear the other active criminal cases. G. New Criminal Complaints with Multiple Defendants – other felony matters pending. If any co-defendant in a new criminal complaint has pending or post-judgment felony matters, the new complaint, together with any pending or post-judgment misdemeanor matters as to that or any other co-defendant, shall be assigned to the Judicial Officer to whom the pending or active post-judgment felony matters have previously been assigned or are to be assigned pursuant to these rules. Generally, if more than one co-defendant in a new criminal complaint has pending or active post-judgment felony matters in a particular department, the new complaint and all pending and active post-judgment matters of all co-defendants shall be assigned to the Judicial Officer to whom the oldest pending or active post-judgment felony matter has been assigned. In certain instances, such reassignment of criminal matters may not be efficient. In these instances, it shall be at the discretion of the Supervising Judicial Officer to determine whether or not to reassign the case. H. Assignment of Cases from Department M. Department M shall be a master calendar court when the Judicial Officer presiding makes an assignment to any other department. [Rule 2.2 adopted effective 5/1/98; amended and renumbered as Rule 3.2 effective 1/1/22; amended 7/1/24] 3.3 SETTING OF ARRAIGNMENT DATES AND FILING OF CRIMINAL COMPLAINTS A. Misdemeanor and Felony Out-Of-Custody Arraignment Dates. A defendant who is arrested, booked and released for any of the following charges shall have an arraignment date set no later than five (5) calendar days from the date of booking or original citation:

Penal Code § 243(e)(1) Penal Code § 266j
Penal Code § 273a Penal Code § 269
Penal Code § 273.5 Penal Code § 286
Penal Code § 245 Penal Code § 288
Penal Code § 261 Penal Code § 288.5
Penal Code § 261.5 Penal Code § 288.7
Penal Code § 266h Penal Code § 288.a
Penal Code § 266i Penal Code § 289
Penal Code § 422

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B. Misdemeanor In-Custody Complaints. A misdemeanor complaint charging an in-

custody defendant shall be filed by noon to be heard the same day at 1:30 p.m. C. Felony In-Custody Complaints. A felony complaint charging an in-custody defendant shall be filed no later than 3:00 p.m. the day preceding arraignment. All in-custody felony arraignments shall be heard on the morning calendar, and within 48 hours of booking. D. Out-Of-Custody Criminal Complaints. A criminal complaint charging an out-of- custody defendant shall be filed no later than 4:00 p.m. two (2) court days prior to the defendant’s scheduled appearance. [Rule 2.3 adopted effective 5/1/98; amended and renumbered as Rule 3.3 effective 1/1/22; amended 7/1/24; amended 1/1/26] 3.4 BENCH WARRANTS In any case in which a bench warrant has been issued, the defendant may request to place the matter on calendar to appear on the warrant or request to recall the warrant. The request may be made by telephone, filling out an on-line add on request form, or by personally appearing at the Clerk's Office. No written notice is required. The deadline to request placement of a case on calendar to recall a bench warrant will be noon the day prior to the requested appearance date. Pending court appearance, a bench warrant shall remain outstanding, and defendant is still subject to arrest on the outstanding bench warrant. [Rule 2.4 adopted effective 5/1/98; amended and renumbered as Rule 3.4 effective 1/1/22] 3.5 PLEAS IN MISDEMEANOR CASES A letter plea on the Court's Arraignment Plea and Counsel Form (CR016) may be filed for first appearance in a misdemeanor case excluding charges of violence, or first appearance on a petition to revoke probation or diversion after a misdemeanor case has been filed. The letter plea may set a date for next appearance by the defendant not to exceed thirty (30) calendar days from the date that the plea is entered. Attorneys and parties shall not modify the Arraignment Plea and Counsel Form. The letter plea process may only be used by counsel who has authority from the defendant to waive the defendant’s statutory right to a speedy trial, pursuant to Penal Code § 1382. [Rule 2.5 adopted effective 5/1/98; amended 1/1/17; renumbered as Rule 3.5 effective 1/1/22; amended 7/1/24] 3.6 MOTIONS 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. Service transmission by facsimile or electronic transmission is permitted if the parties agree. Counsel shall file all papers with the Court no later than 4:00 p.m. on the designated date to submit pleadings. Motions shall be filed and calendared on a date already set for hearing or on a date to be determined by the Court. [Rule 2.6 adopted effective 5/1/98; amended and renumbered as Rule 3.6 effective 1/1/22]

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3.7 MOTIONS TO DISMISS PURSUANT TO PENAL CODE § 995 Any motion to dismiss the information pursuant to Penal Code § 995 will be assigned either on a rotation by the clerk or by the Supervising Judicial Officer of the Criminal Division to a felony department for hearing. Upon assignment, the case will be added to the assigned department to set a date for a briefing schedule and hearing. [Rule 2.7 adopted effective 5/1/98; amended and renumbered as Rule 3.7 effective 1/1/22; amended 7/1/24] 3.8 MOTIONS FOR CONSOLIDATION In the event that a motion for consolidation is made in cases assigned to different departments, the motion shall be heard in the department that has the oldest case sought to be consolidated. [Rule 2.8 adopted effective 5/1/98; amended 1/1/13; renumbered as Rule 3.8 effective 1/1/122] 3.9 APPLICATION OF OVERPAYMENTS Whenever the Court receives an overpayment for a criminal case and the Court determines that the defendant is delinquent on another felony, misdemeanor or infraction case, the Court will apply the overpayment to that case. [Rule 2.9 adopted effective 1/1/13; renumbered as Rule 3.9 effective 1/1/22] 3.10 TRIAL READINESS CONFERENCE The Court shall conduct a trial readiness conference in all cases prior to the date set for trial. Resolution of cases shall be set for trial. Trial encouraged at these conferences. A. Felonies. Motions in Limine, proposed witness lists that include a short summary of each proposed witness’s testimony, proposed fully drafted jury instructions and proposed verdict forms shall be filed at least five (5) court days before the date set for a hearing regarding the motions in Limine. Absent a showing of good cause, untimely submissions shall not be considered by the Court. The Court may make an order necessary to enforce the provisions of this rule, including, but not limited to, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, granting or denying a continuance of the matter, or any other lawful order. B. Misdemeanors. All misdemeanor trials shall be assigned to criminal departments from Department M or the Supervising Judicial Officer of the Criminal Division. All misdemeanor cases set for trial shall be set for a trial readiness conference within ten (10) days preceding the trial date. Motions in Limine, proposed witness lists that include a short summary of each proposed witness’s testimony, proposed fully drafted jury instructions, and proposed verdict forms shall be filed on a date to be set by the presiding Judicial Officer of Department M at the time the case is set for trial. Absent a showing of good cause, untimely submissions shall not be considered by the Court. The Court may make an order necessary to enforce the provisions of this rule, including, but not limited to, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, granting or denying a continuance of the matter, or any other lawful order. C. Requests to Continue Felony or Misdemeanor Trials. It is the intent of the Court to strictly enforce the provision of Penal Code § 1050 when ruling on any motion made to continue a misdemeanor or felony trial.

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D. Time for Submission. Notwithstanding the time for submission of proposed jury instructions set forth in Penal Code § 1093.5, counsel shall submit proposed jury instructions with motions in Limine before trial commences. E. Form. Proposed instructions from Judicial Council of California Criminal Jury Instructions (CALCRIM) may be offered by citation to the number and title of the instruction. Any deviation from the form of CALCRIM instruction shall be emphasized by underscoring or other discernible method. Any special instruction or modification of a standard CALCRIM instruction shall be in writing and in a form suitable for submission to the jury. "Form suitable for submission to the jury" means the title and text of the instruction only, without any additional words, marks, emphasis, or symbols on the page. [Rule 2.10 adopted effective 5/1/98; amended and renumbered as Rule 3.10 effective 1/1/22] 3.11 ADDING CASES TO CALENDAR Except as provided in MCR Crim 3.4, a case may be added to the calendar no later than 4:00 p.m. two (2) court days prior to the requested appearance. [Rule 2.11 adopted effective 1/1/04; amended and renumbered as Rule 3.11 effective 1/1/22] 3.12 GUARDIANS AD LITEM In any case in which a prosecution is initiated under the Penal Code alleging neglect or abuse of a child, the Court may appoint guardian ad litem for the child. The guardian ad litem for the child may be an attorney, a court-appointed special advocate (CASA), or a responsible adult who is not the child’s parent or social worker. This rule is promulgated pursuant to the provisions of Welfare & Institutions Code § 326.5. [Rule 2.12 adopted effective 1/1/04; amended 1/1/13; renumbered as Rule 3.12 effective 1/1/22] 3.13 PETITIONS FOR DISMISSAL OF CRIMINAL CONVICTION (PENAL CODE §§ 17, 1203.4, 1203.4a) A petition may be submitted on or in conjunction with Judicial Council form CR-180. When the petition is filed, Judicial Council form CR-181 or an Order, must be submitted. The Court will provide a copy of the petition to the District Attorney’s Office. The District Attorney’s Office shall have forty-five (45) court days to file an objection. If the District Attorney objects to the petition, the matter shall be set for hearing within thirty (30) court days. The hearing shall be set in the department of the Judicial Officer who is currently assigned to the department in which the matter was previously heard, or at the direction of the Supervising Judicial Officer of the Criminal Division. If the District Attorney does not object to the petition, it will be submitted to an assigned Judicial Officer for approval. [Rule 2.13 adopted effective 7/1/07; amended and renumbered as Rule 3.13 effective 1/1/22; amended 7/1/24, amended 7/1/25, amended 1/1/26] 3.14 PETITIONS TO SEAL ARREST AND RELATED RECORDS (PENAL CODE § 851.91) AND MOTION TO VACATE CONVICTION OR SENTENCE (PENAL CODE §§ 1016.5, 1473.7) A petition to Seal Arrest and Related Records (Penal Code § 851.92) may be submitted on or in conjunction with form CR-409. When the petition is filed, Judicial Council form CR- 410 or an Order must be submitted. A Motion to Vacate Conviction or Sentence (Penal Code §§

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1016.5, 1473.7) may be submitted on or in conjunction with Judicial Council form CR-187. When the petition is filed, Judicial Council form CR-188 or an Order must be submitted. The Court will provide a copy of the petition to the District Attorney’s Office. The District Attorney’s Office shall have forty-five (45) court days to file an objection. If the District Attorney objects to the motion or petition, an opposition shall be filed within forty-five (45) court days, and the matter shall thereafter be set for hearing within thirty (30) court days. The hearing shall be set in the department of the Supervising Judicial Officer of the Criminal Division or the Judicial Officer who is currently assigned to the department in which the matter was previously heard. If the District Attorney does not object to the motion or the petition, it will be submitted to an assigned Judicial Officer for approval. [Rule 2.14 adopted effective 1/1/19; renumbered as rule 3.14 effective 1/1/22; amended 7/1/24, amended 7/1/25, amended 1/1/26] 3.15 CRIMINAL PROTECTIVE ORDERS INVOLVING CHILD CUSTODY OR VISITATION A. Inquiry by the Court. When the Court issues a criminal protective order, the Court shall determine whether there are any minor children of the relationship between the defendant/restrained person and the victim/protected person, and whether there are any court orders for custody/visitation for those minor children. B. Court’s Consideration. If there are minor children, the Court shall consider whether peaceful contact with the victim/protected person should be allowed for the purpose of allowing the defendant/restrained person to visit the minor children. C. Modification. If the Court includes minor children as named protected parties, the order may be made explicitly subject to modification by a family, juvenile, or probate Judicial Officer. D. Copy of Order to Family Law Department. The Court shall forward a copy of its order to the Family Law Department. [Rule 2.15 adopted effective 7/1/08; amended and renumbered as Rule 3.15 effective 1/1/22] 3.16 ENHANCED COURT COLLECTIONS PROGRAM At the time the Court determines that a defendant is delinquent in making payments for fines, fees, penalty assessments and surcharges, the Court may add up to a $100.00 civil assessment and refer the delinquent case to the Enhanced Court Collections Program (ECC). If a defendant is delinquent in completing and submitting proof of completion of community service work, the Court shall automatically convert the uncompleted community service work hours to a fine at the prevailing conversion rate, add up to a $100.00 civil assessment and refer the case to the ECC. Upon such referral, ECC shall contact the defendant to determine how the unpaid court ordered debt will be paid. ECC shall utilize all available collection methods to resolve these unpaid debts, including monitored payment plans, skip tracing, referral to the Franchise Tax Board Court Ordered Debt Program for possible wage garnishment and levy of personal property, and referral to other collection agencies. Once a case has been transferred to ECC, it shall not be referred to a judicial officer to request an order to remove it from collections. [Rule 2.16 adopted effective 1/1/10; amended 1/1/13; renumbered as Rule 3.16 effective 1/1/22; amended 1/1/23]

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3.17 CLERK’S OFFICE A. Authority for Clerk’s Office to Establish Payment Terms for Court Ordered Fines, Fees, Penalty Assessments and Surcharges. The Court has conferred authority to court staff in the Criminal Clerk’s Office’s to review defendants’ financial information to establish payment plans and/or determine whether defendants meet the financial qualifications to perform community service work (CSW) in lieu of payment of the court ordered fines. Defendants who cannot afford to pay fines at the time of sentencing shall be referred to the Criminal Clerk’s Office to establish monthly installment plans or determine their eligibility to convert fines to CSW. Only those defendants who demonstrate an inability to pay court ordered fines shall be eligible to perform CSW. All other defendants shall have an opportunity to pay the total amount due or establish monthly installment payment plans to ensure that all court ordered fines, fees and assessments are paid in full prior to the termination date of probation. Defendants may pay their court ordered obligations in full in the Clerk’s Office in cash, or by check, cashier’s check, or credit or debit card. Defendants may also request to be evaluated for CSW or may elect to set up an installment payment plan. B. Requests to Perform Community Service Work. A defendant who requests CSW shall complete a Financial Qualification for Community Service Work (Local Form CR080). Court staff shall review this form and make a determination as to whether the defendant qualifies for the program, based on income guidelines established by the Court. The Criminal Clerk’s Office shall provide the defendant with the following documents pertaining to the Court’s CSW program: 1. Timesheets for the defendant to record CSW hours and obtain the signature of an authorized representative, verifying that the hours have been performed; and 2. An Agreement to Perform Community Service Work (Local Form CR083) that will include the defendant’s fine conversion calculation as well as an acknowledgement of the due date for completion of the CSW. The Agreement will also make clear that failure to complete CSW by the due date will result in automatic conversion of the CSW hours back to fine, plus the imposition of up to a $100.00 civil assessment and referral of the outstanding balance to the Court’s Enhanced Collections Program. If a defendant is not eligible for CSW, court staff shall process the defendant’s payment in full or set up an installment payment plan. C. Requests for Installment Payment Plan. When a defendant requests an installment payment plan, court staff shall review the term of probation and the total amount of fines, fees, and assessments. The total amount due will be divided by the number of months in the term of probation to determine the minimum monthly payment amount or $50.00, whichever amount is greater. Once an installment payment plan has been determined, the defendant shall sign an Agreement to Set Up Payment Plan – Criminal Case (Local Form CR082). The defendant shall agree to make at least the minimum monthly installment payments by the due date each month and shall acknowledge that failure to do so may result in automatic imposition of up to a $100.00 civil assessment and referral of the outstanding balance to the Court’s Enhanced Court Collections Program.

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Defendants are encouraged to pay more than the minimum monthly amount if they have the financial ability to do so, but they must make at least the minimum payment each month. Defendants may also pay the entire balance of the obligation at any time during the term of probation. [Rule 2.17 adopted effective 1/1/14; renumbered as Rule 3.17 effective 1/1/22; amended 1/1/23; amended 7/1/24] 3.18 MODIFICATION OF TERMS AND CONDITIONS OF MISDEMEANOR PROBATION A. Authority of Clerk’s Office to Modify Terms and Conditions of Misdemeanor Probation. In misdemeanor cases, judicial orders may include probation terms and conditions which defendants are required to complete by dates established in the orders. Conditional probation terms are monitored by the Court for compliance. Following pronouncement of judgment, defendants may have reason to request that the Court modify the terms, conditions or due dates contained in judicial orders. Requests to modify previously ordered terms and conditions of probation in misdemeanor cases must be initiated by defendants or their counsel. Depending on the nature of the requested modifications, some requests must be reviewed and granted or denied by a judicial officer and may be submitted exparte for such review on the Court’s approved form, Request to Modify Judicial Orders – Judicial Review (CR085). Other modification requests shall be addressed by court staff in the Criminal Clerk’s Office in Room C-10, using the Court’s approved form, Request to Modify Judicial Orders – Clerk’s Review (CR084). The District Attorney or Probation Department may calendar for a hearing any post- judgment misdemeanor case in which probation was granted by filing a petition to revoke probation, as described in MCR Crim 3.3 if defendant is in custody or MCR Crim 3.11 if defendant is out of custody. In addition, motions filed by defendants or their counsel for probation modification shall be placed on calendar, even if the requested modification could be performed by court staff. All other requests for post-judgment relief shall be submitted to the Court using the process described in MCR Crim 3.17B and 3.17C. B. Requests for Modifications That Must Be Submitted to the Clerk’s Office. Defendants may request modifications of certain probation terms and conditions without appearing before a judicial officer. These requests are reviewed in the Criminal Clerk’s Office, Room C-10, by submitting a Request to Modify Judicial Orders – Clerk’s Review (Local Form CR084). A maximum of two such modification requests per misdemeanor case shall be eligible for review in the Criminal Clerk’s Office without requiring a defendant to appear before a judicial officer. Third and subsequent requests for modifications of probation shall be referred to a judicial officer for review. The Court confers authority to court staff to make modifications of certain probation terms and conditions, within the parameters enumerated below. Defendants or their counsel must make requests for modifications timely, meaning on or before the court ordered due date, in order to be eligible for review in the Clerk’s Office. Requests eligible to be submitted to the Clerk’s Office are as follows: 1. Re-referral to Drinking Driver Program (DDP) or Driving While Intoxicated school (DWI) within the probation period, both in county and out of county.

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2. Up to a 120-day extension of time to complete DDP or DWI school but not
later than the termination date of probation.

3. Up to a 120-day extension of time to complete other programs and classes (e.g.
anger management, theft awareness, Alcoholics Anonymous, parenting, drug education,
etc.) not later than the termination date of probation. The clerk may not grant an
extension of time to complete a 52-week batterer’s intervention program, as required by
Penal Code § 1203.097.

4. Financially eligible defendants’ fines may be converted to community service
work (CSW) at the prevailing fine conversion rate. Eligibility for CSW shall be
determined based on a review of a defendant’s income on a Financial Qualification for
Community Service Work – Criminal Case (Local Form CR080). Completion date for
CSW shall be determined by the number of converted hours but under no circumstances
later than the termination date of probation. Failure to complete CSW by the due date
shall result in automatic conversion of CSW hours back to fine, addition of up to a
$100.00 civil assessment and referral to the Court’s Enhanced Court Collections
Program.

5. Up to a 60-day extension of time to complete CSW, if request is made on or
before the original due date of the CSW and the new due date is before the termination
of probation.

6. Conversion of CSW to fine at the prevailing fine conversion rate, to be paid
in full at the time of conversion or to be paid in installments. Under no circumstances
shall any portion of the fine be due and payable beyond the termination date of probation.

7. Up to a 60-day extension of time to pay fine if request is made on or before
the original due date of the fine and the new due date is before the termination of
probation.

8. Conversion of total fine with one due date to fine installment payment plan if
request is made prior to the original due date of the fine. Monthly payments shall be
determined by the total balance due and dividing this balance due by the remaining
number of months in the probation term (e.g. if the defendant owes $1,000.00 and has
18 months remaining on probation and divide $1,035.00 by 18 months for a monthly
payment of $58.00.) Under no circumstances shall the monthly payment amount be
established at less than $50.00.

9. Advance defendant’s date to be remanded to serve jail time to an earlier date.

C. Requests for Modifications That Must Be Submitted to the Judicial Officer Who Pronounced Judgment. Defendants must request modifications to certain probation terms and conditions by submitting such requests to the judicial officer who pronounced judgment on a Request to Modify Judicial Orders – Judicial Review (Local Form CR085). Such requests shall be submitted to the judicial officer and either granted or denied and returned to the defendant by mail. The judicial officer may also order those cases be placed on calendar for hearings on the requests for modification. Modifications that will require judicial review are enumerated below: 1. Requests to extend jail remand/surrender to a later date. These must be submitted no later than ten (10) calendar days prior to the court ordered surrender date,

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or they will be automatically denied as not timely. If granted, the Court shall send a copy of these modified orders immediately to the jail and Probation Department.

2. Requests to extend the due date to complete terms and conditions of court

ordered deferred entry of judgment or diversion.

3. Any request for modification that exceeds the number of requests that the

Court has authorized court staff to review in the Criminal Clerk’s Office. In this instance, defendants shall complete both the Request to Modify Judicial Orders – Clerk’s Review (CR084) and the Request to Modify Judicial Orders – Judicial Review (CR085). The judicial officer will decide whether to grant or deny the requested relief, as stated on the Clerk’s Review form.

4. Any request for modification that is not made timely, meaning on or before

the due date of the court order. In this instance, defendants shall complete both the Request to Modify Judicial Orders – Clerk’s Review (CR084) and the Request to Modify Judicial Orders – Judicial Review (CR085). The judicial officer will decide whether to grant or deny the requested relief, as stated on the Clerk’s Review form.

[Rule 2.18 adopted effective 1/1/14; renumbered as Rule 3.18 effective 1/1/22; amended 1/1/23; amended 7/1/24] 3.19 MENTAL HEALTH DIVERSION PETITIONS Any doctor’s report that would be submitted as an attachment to the petition, must be submitted as a separate confidential document. The attachment shall indicate CONFIDENTIAL ATTACHMENT TO MENTAL HEALTH DIVERSION PETITION, and include the case name, case number and scheduled court event.

[Rule 3.19 adopted effective 7/1/25]

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4. INFRACTION RULES

4.1 CITATION These infraction rules should be cited as "Marin County Rule, Infraction" or "MCR Infr" followed by the rule number (e.g., Marin County Rule, Infraction 4.2 or MCR Infr 4.2). [Rule 3.1 adopted effective 5/1/98; amended 1/1/12; renumbered as Rule 4.1 effective 1/1/22] 4.2 FILINGS The Clerk's Office of the Marin County Superior Court, Traffic Division shall be responsible for processing all adult and juvenile traffic infractions and non-traffic infractions. No misdemeanors shall be filed in the Traffic Division. [Rule 3.2 adopted effective 5/1/98; amended 1/1/12; renumbered as Rule 4.2 effective 1/1/22] 4.3 COURT SESSIONS Regular court sessions for citations and complaints filed in the Traffic Division for both adult and juvenile matters shall be scheduled as required by the Presiding Judicial Officer and published by the Court Executive Officer. [Rule 3.3 adopted effective 5/1/98; amended 1/1/12; renumbered as Rule 4.3 effective 1/1/22] 4.4 ARRAIGNMENTS Except for offenses mandating a court appearance, a defendant may waive their right to be arraigned on the violation and enter a plea of not guilty at the front counter of the Clerk’s Office in Room C-10, by phone, by mail, or over the internet using the Court’s automated systems. The Clerk will assign a trial date within the statutory time requirements of Penal Code § 1382, unless the defendant waives that right on the form provided by the Clerk. [Rule 3.4 adopted effective 5/1/98; amended 1/1/14; renumbered as Rule 4.4 effective 1/1/22; amended 7/1/24] 4.5 CONTINUANCES Except for continuance of a trial date, on or before the date set or required in any matter, the Clerk’s Office shall have the authority to grant the defendant one extension of not more than thirty (30) calendar days. [Rule 3.5 adopted effective 5/1/98; amended 1/1/12; renumbered as Rule 4.5 effective 1/1/22] 4.6 TRIAL CONTINUANCES When a case has been set for a contested court trial, each side shall be entitled to one continuance of the trial date provided the request is received by the Traffic Division not fewer than ten (10) calendar days prior to the assigned date of trial. [Rule 3.6 adopted effective 5/1/98; amended 1/1/12; renumbered as Rule 4.6 effective 1/1/22] 4.7 ALTERNATE PROCEDURES FOR JUDICIAL REVIEW OF INFRACTION MATTERS A. Trial by Written Declaration. In the event a defendant fails to appear pursuant to written promise to appear, or at trial after plea of not guilty, the Court may conduct trial by written declaration pursuant to Vehicle Code section 40903. 37 Infraction Rules –7/1/26

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B. Ex Parte Judicial Review After Adjudication. Defendants who have pled guilty

or no contest or found guilty by the Court on certain infraction matters may, by written declaration or request, seek judicial review to obtain specific relief from the Court as follows: 1. Request that civil assessment be vacated. 2. Request case be recalled from court collections. 3. Request a fine be reduced to original bail amount. 4. Request to accept proof of completion of community service work or traffic violator school after civil assessment has been added and case has been transferred to court collections. 5. Request for extension of time to correct mechanical violations or obtain out- of-state registration or to provide proof of valid driver’s license. 6. Request to reinstate community service work when community service work has been previously terminated. 7. Request sentence modification to: a. Convert fines to community service work. b. Allow traffic violator school when not initially ordered, upon payment of $52 Traffic Violator School fee. c. Extend time to pay or complete community service work or traffic violator school. 8. Defendants who are unable to pay their fine may request a fine reduction, payment plan, extension of time to pay, or community service in lieu of fine payment by submitting an Ability of Pay petition using the court’s website: Ability To Pay (ca.gov), or submitting the Can’t Afford to Pay Fine: Traffic and Other Infractions (Form TR-320) C. Calendar for Personal Appearance. The Court has established a calendar for personal appearance by defendants in the following infraction matters: 1. To adjudicate infraction charges for which the Court has determined that a defendant must appear in court. 2. To hear various motions, other than motions pursuant to Penal Code § 1538.5. 3. To review and adjudicate disposition of bail and/or bonds held by the Court, where a defendant posted bail on a promise to appear, but the District Attorney filed the case with only infraction charges in the Traffic Clerk’s Office. 4. To arraign a defendant who requests to make such personal appearance before a judicial officer. D. Appearance at Contested Court Trial. The Court shall compel defendants who request certain specific relief or Court findings to appear at a contested Court trial as follows: 1. To plead not guilty and request dismissal because defendant claims that he or she was not the citee (e.g., defendant alleges identity theft) and the Clerk’s Office is otherwise unable to ascertain whether defendant was the citee. 2. To argue motions filed on behalf of defendant pursuant to Penal Code § 1538.5.

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3. To plead not guilty and request to amend violation from non-correctable to correctable, where authorized by law.

[Rule 3.7 adopted effective 7/1/12; amended and renumbered as Rule 4.7 effective 1/1/22; amended 7/1/24; amended 1/1/25] 4.8 ADJUDICATION OF MISCELLANEOUS INFRACTION MATTERS A. Clerks’ Authority in Infraction Cases Not Transferred to Court Collections. For cases that have not been transferred to court collections, deputy clerks are granted the authority to take the following actions at the request of defendants charged with infraction violations: 1. Accept the posting and forfeiting of bail on infraction cases. 2. Upon approval of defendant’s written request on Financial Qualification for Community Service Work (Form TR024), signed under penalty of perjury, approve requests to perform community service work in lieu of paying bail at the prevailing fine conversion rate for each hour worked at a non-profit organization, as defined by Internal Revenue Code § 501(c)(3), found on the Court’s approved list of such agencies. 3. Allow defendants to convert community service work to bail one time only. 4. In limited circumstances and if defendant lives within California but outside of Marin County authorize a defendant to perform community service work with a non- profit organization, as defined by Internal Revenue Code § 501(c)(3), that is not on the Court’s approved list of community service work providers but that is overseen by a community service work agency in the county in which the work is to be performed. 5. In limited circumstances for California residents only, following signature verification, confirmation of non-profit status, accept proof of completion of community service work from an organization not on the Court’s approved list and not overseen by a community service work agency in the county in which the work was performed. 6. Grant payment plan of up to 12 months, for all non-traffic infractions or traffic infractions where the defendant is not seeking an ability to pay review. The minimum monthly payment shall not be less than $50 and no longer than 12 months. 7. Grant acceptance of proof of correction, following payment of full bail on underlying correctable charge(s), and delete Vehicle Code § 40616 from defendant’s case. 8. For defendants who previously signed up for traffic violator school accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles. 9. For defendants who did not previously sign up for traffic violator school and upon payment of $52 non-refundable traffic violator school fee accept late completion of traffic violator school within sixty (60) days of the date a conviction abstract was sent to the Department of Motor Vehicles. 10. Before the due date on the courtesy notice and upon completion of written Request to Elevate Infraction Charge to Misdemeanor (Form TR027), re-file infraction charges as misdemeanors and set matters on calendar for arraignment [e.g. Business & Professions Code § 25662; Penal Code § 555; Vehicle Code §§ 12500(a), 23109(a), (b) and (c), 14601.1(a), pursuant to Penal Code § 17(d)].

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11. Provide a verified complaint if the notice to appear is not prepared on a form

approved by the Judicial Council and is not verified under penalty of perjury by the citing officer. B. Requests Neither the Court nor Clerks Will Grant. The Court will not grant, or

authorize deputy clerks to grant, any of the following requests from defendants or their counsel: 1. For reset of contested court trial within ten (10) calendar days of the scheduled court hearing date. 2. For reset of second or subsequent date for court trial. 3. For dismissal of charges following a period of “no further violations.” 4. For remand to county jail in lieu of payment of bail or fines and fees. 5. To accept proof of correction and give refund following bail forfeiture or payment in full of fines and fees. 6. To grant subsequent extension, following an initial 30-day extension, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s). 7. To grant subsequent extension, following an extension granted by a judicial officer, of time to pay or to provide proof of completion of community service work or traffic violator school or to provide proof of correction of correctable offense(s). 8. To re-abstract the Department of Motor Vehicles upon submission of a late traffic violator school certificate, if submission is sixty-one (61) days or greater from the date a conviction abstract was sent to the Department of Motor Vehicles. 9. To grant traffic violator school or community service work following defendant’s failure to appear for a contested traffic trial, where the case has been sentenced in absentia. 10. To provide a verified complaint unless the citation is not completed on a mandatory form authorized by the Judicial Council and is not verified. 11. To grant out of state community service work. [Rule 3.8 adopted effective 7/1/12; amended 1/1/19; renumbered as Rule 4.8 effective 1/1/22; amended 7/1/24; amended 1/1/25, amended 1/1/26] 4.9 COURT COLLECTIONS At the time the Court determines that a defendant is delinquent in making payments for fines, fees, penalty assessments and surcharges, the Court will refer the delinquent case for collections. Upon such referral, the colllection agency will contact the defendant to determine how the unpaid court ordered debt will be paid. ECC will utilize all available collection methods to resolve these unpaid debts, including monitored payment plans, skip tracing, referral to the Franchise Tax Board Court Ordered Debt Program for possible wage garnishment and levy of personal property, and referral to other collection agencies. [Rule 3.9 adopted effective 1/1/10; amended 1/1/12; renumbered as Rule 4.9 effective 1/1/22; amended 1/1/25]

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4.10 APPLICATION OF OVERPAYMENTS Whenever the Court receives an overpayment for an infraction case and the Court determines that the defendant is delinquent on another felony, misdemeanor or infraction case, the Court will apply the overpayment to that case. [Rule 3.10 adopted effective 1/1/13; renumbered as Rule 4.10 effective 1/1/22]

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5. JUVENILE RULES

5.1 JUVENILE COURT RULES - GENERALLY A. Judicial Administration The Juvenile Court hears both Juvenile Dependency and Juvenile Justice actions. All cases in Juvenile Court shall be subject to assignment to a judicial officer for all purposes at the time of filing of the action who shall thereafter handle all proceedings involving the matter, including trial, except as otherwise provided or required by law. B. Filing Requirements 1. No noticed motion shall be accepted by the Court Clerk unless it is accompanied by a proof of service. 2. Pre-hearing motions must be filed in accordance with CRC 5.544. 3. 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). 4. Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page. The signature and date lines must not be on a page by themselves; the signature page must contain some text of the order. C. Discovery 1. Pre-hearing discovery shall be conducted informally in accordance with CRC 5.546. 2. Only after informal means have been exhausted may a party petition the Court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served on all parties at least five (5) judicial days before the hearing date. The date for the hearing shall be obtained from the Court Clerk, Juvenile Division. 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. 3. There shall be no depositions, requests for production of documents, interrogatories, requests for admissions or other similar types of civil discovery without approval of the Judge of the Juvenile Court upon noticed motion. See Joe Z. v. Superior Court 3 Cal.3d 807. D. Ex Parte Orders 1. 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. If a hearing

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is requested, then notice shall include the date, time, and department of the ex parte hearing. 2. The party requesting ex parte orders must inform the judge that notice has been given either on the application form (JV-180) or by declaration. 3. An opposing party may present any written opposition to the request for ex parte orders upon receipt of notice or may have their opposition noticed on the application form. The Court may render its decision on the ex parte application or set the matter for hearing. 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. 4. Notice may be excused for good cause or if the giving of such notice would frustrate the purpose of the order. 5. Notice may also be excused, if following a good faith attempt, the giving of notice is not possible. E. Attendance at Hearings (CRC 5.530) 1. 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. If the child is present, the judicial officer may speak with the child. 2. In Juvenile Justice matters, minors shall attend all hearings unless specifically excused by the Court or Probation on a showing of good cause. If a minor is in foster care out of county or out of state, the physical presence of the minor can be excused and the minor may appear remotely, with leave of the Court. 3. The Juvenile Court may require the personal appearance of a non-minor dependent for good cause. F. Continuances shall be requested and granted in accordance with W&I Code § 352. The Court recognizes that practical realities sometimes require continuances and may be granted where good cause exists, and the continuance is not contrary to the child’s welfare. G. Adding Matters to Calendar. Any party wishing to add a matter to calendar shall file a calendar request at least two (2) court days before the calendar in question (absent exigent circumstances) setting forth the reason the matter is sought to be calendared and showing that the attorneys for all other parties, all self-represented parties, and CASA have been contacted. Attorneys are responsible for notifying their clients of such calendaring. H. Safety Issues shall be communicated to the Courtroom Clerk as soon as they become known to allow for additional security measures. I. Interpreters. If and when a party or attorney becomes aware of the need for an interpreter, said need shall be promptly communicated to the Courtroom Clerk. Please specify the language (and dialect where applicable) along with the date, time, and place where the interpreter’s services will be required. While Spanish language interpreters can be arranged on short notice, interpreters for other languages must be specially retained and are in high demand, requiring advance notice.

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J. In Custody Parents. Counsel for an in custody parent who has made known their desire to attend a dependency proceeding are responsible for notifying the Courtroom Clerk of the need to produce the parent in court, and if applicable for securing an appropriate transportation order. If the parent is in custody in the Marin County Jail, counsel shall notify the Courtroom Clerk at the earliest possible time, but no later than twenty-four (24) hours prior to the scheduled court appearance, to arrange for the parent’s presence in court. This local rule does not confer any rights to be present in excess of those described by Penal Code § 2625. K. Settlement Conferences. The Court encourages settlement conferences. Attorneys and parties shall be present at the settlement conference unless expressly excused by the Court. Counsel shall notify the clerk of the presiding department at least five (5) days prior to the settlement conference if there is a need for an interpreter or if a parent is in custody in Marin County and wishes to participate. L. Access to Courtroom by Non Parties. Access to Courtroom is limited as set forth in W&I Code §§ 345, 346, 347 and CRC 5.530. The Court encourages trainees, interns, and appropriate students to attend juvenile proceedings in order to better understand the working of the Juvenile Court. The Court retains the discretion to determine in each case whether any such interested party shall remain in the courtroom being respectful of objections raised by any minor or party. M. Discovery of Juvenile Documents or Records. 1. Except as indicated in W&I Code §§ 827 and 828 and CRC 5.552, in all cases in which a person or agency seeks access to Juvenile Court documents or records, including documents or records maintained by the Juvenile Court Clerk, the Probation Department or the Department of Family and Children Services, the person or agency shall file a Request for Disclosure of Juvenile Case File (JV-570) with the Juvenile Clerk in Room 113. 2. This Rule applies even if no action has been commenced in Juvenile Court under W&I Code §§ 300, 601 or 602. 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). 3. The Petition shall set forth with specificity the materials and information sought and the relevance of the materials to the underlying action and any related action. The Petition shall be supported by a declaration of counsel and /or a Petitioner, and if necessary, a memorandum of points and authorities. 4. Exceptions are as follows: a. Persons or Agencies specified in W&I Code § 827(a)(1) (A)-(R). Generally, the minor, court personnel and select governmental agency personnel, or intervening tribal representatives do not require prior court approval for inspection. b. Persons or Agencies specified in W&I Code §827(a)(1)(A) (B) (C) (D) (E) (F) (H) (I) and (J) may copy documents or records without Court authorization.

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c. Persons or Agencies specified in W&I Code § 827(a)(1)(L) (M) (N) and (O) may inspect documents or records but may not copy said documents or records without submission and approval of a Request for Disclosure of Juvenile Case File (JV-570) pursuant to W&I Code § 827. d. Any records obtained per above may not be disseminated or used absent an application to the Court and an order from the Court. Dissemination or use of documents or records shall be in compliance with the Court’s order on the W & I Code § 827 Petition. e. The director of Juvenile Hall or their designee shall be provided a copy of all medical/mental health evaluations of minors housed in Juvenile Hall. Such information shall be used exclusively by the medical/mental health personnel in Juvenile Hall and shall not be released to any third parties without Court approval. 5. The Court may appoint a Court Appointed Special Advocate for dependents or wards. Said CASA shall have the same legal right to records relating to the child or youth they are appointed to represent as any case manager, social worker, or probation officer with regard to records pertaining to the youth held by any agency, school, organization, division or department of the State, physician, surgeon, nurse or other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present their identification as a Court appointed advocate to any such record holder in support of their request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child or youth. 6. Access to Non-Minor Dependent files may only be accessed as set forth in Welfare and Institution (currently W&I Code §362.5). [Rule 4.1 adopted effective 1/1/20; amended and renumbered as Rule 5.1 effective 1/1/22] 5.2 ATTORNEYS IN JUVENILE COURT A. Minimum Training Dependency. Each court appointed attorney appearing in a dependency matter before the Juvenile Dependency Court shall complete the following minimum training and educational requirements. The attorney shall have either: 1. Participated in at least eight (8) hours of training and education in juvenile dependency law and practice before seeking appointment and must complete twenty (20) hours of training within the first year of practice, which training shall have included comprehensive information on W&I Code § 202, 213.5, 214, 241.1, 281.5, 300 et seq.; Family Code §§ 7900 et seq. (Interstate Compact), and §§ 7600 et seq. (Uniform Parentage Act); Education Code §§ 5000 et seq. (Special Education Programs); 8 United States Code (USC) § 1101 (Special Immigrant Status for Undocumented Dependent Children), 25 USC §§ 1901 et seq. (Indian Child Welfare Act), 28 USC § 1738 (Parental Kidnapping Prevention Act), and 42 USC §§ 620 et seq. and 670 et seq. (Adoption and Safe Families Act); CSEC issues, mental health, the California Rules of Court, Local Rules of Court, the rules of evidence as set forth in the California Evidence Code, and the applicable case law as well as practical training on Judicial Council forms, motions,

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writs and mediation, family group conferencing, team decision making, child development, child abuse and neglect, family reunification and preservation, restraining order, rights of de facto parents, reasonable efforts, Or -At least six (6) months of experience within the last twelve (12) months in dependency proceedings in another county in which the attorney has had primary responsibility for representation for their clients in said proceedings. In determining whether the attorney has demonstrated competence, the Court shall consider whether the attorney’s performance has substantially complied with the requirements of these rules. (W&I Code §§ 317, 317.6, CRC 5.660) 2. Each court appointed attorney who practices before the Juvenile Dependency Court shall complete within every one (1) year period at least twelve (12) hours of continuing education related to dependency proceedings. Evidence of completion of the required number of hours of training or education shall be retained by the attorney and may include a copy of a certificate of attendance issued by a California MCLE provider or a certificate of attendance issued by a professional organization which provides training and/or education for its members, whether or not it is a MCLE provider. Attendance at a Court sponsored or approved program will also fulfill this requirement. The attorney’s continuing training or education shall be in the areas set forth in above. B. Minimum Training Delinquency. Each court appointed attorney who practices before the Juvenile Delinquency Court must meet the educational requirements of CRC 5.664. Note, the Court may require counsel to complete and submit a Declaration of Eligibility for Appointment (JV-700). Once appointed, counsel continues to represent the minor unless relieved by the Court or on the substitution of another counsel. CRC 5.663(c). C. Notwithstanding Compliance with the standards set forth above, the Court may refuse to allow an attorney to practice before the Juvenile Court if, in the opinion of the presiding judicial officer, the attorney has demonstrated actual incompetence or lack of minimum competency in handling juvenile cases. D. Costs for Appointed Counsel in Dependency Proceedings. Pursuant to W&I Code § 903.1, a parent/guardian or person responsible for support of a minor is liable for the costs of appointed counsel for a parent/guardian and minor in Dependency Court. At a financial hearing, the judge shall assess the repayment amount after a review of the Declaration for Financial Evaluation, Local Form (JUV011). 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. E. Complaints. Any party to a juvenile dependency proceeding may lodge a written complaint with the Court concerning the performance of their attorney. A complaint concerning the performance of an attorney appointed to represent a minor in a dependency matter may be lodged on the child’s behalf by the social worker, Court Appointed Special Advocate (CASA), guardian ad litem, a caretaker relative, or a foster parent. The Court shall review the complaint and, if it appears that the attorney may have failed to act competently, shall provide a copy of the complaint to the attorney and allow a reasonable opportunity for the attorney to respond in writing. The Court shall consider the complaint and the response, if any, and issue such orders

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as it deems appropriate, on a case by case basis. Upon determination that an attorney has acted incompetently, the Court shall order that the attorney be discharged and that competent counsel be substituted. Notice of the substitution of counsel shall be served on counsel for all parties or record. [Rule 4.2 adopted effective 1/1/20; renumbered as Rule 5.2 effective 1/1/22 5.3 INFORMING THE COURT OF THE INTEREST OF THE CHILD; ACCESS TO MINOR; NOTICE OF CHANGE IN PLACEMENT A. Interest of Child. At any time during the pendency of a dependency proceeding, any interested person may notify the Court that the minor who is the subject of the proceeding may have an interest or right that needs to be protected or pursued. This may be done by filing a petition to modify a previous order, under W&I Code § 388 (Judicial Council form JV-180). The petition or affidavit shall set forth the nature of the interest or right to be protected and the action on the child’s behalf that is being requested. 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. B. Notification by Minor’s Counsel. If counsel for the child becomes aware that the child may have a right or interest that needs to be protected or pursued in another judicial or administrative forum, counsel for the child shall notify the Court in the manner indicated above as soon as it is reasonably possible to do so. C. Response by Court. The Court upon receiving such notification may make any orders that are appropriate to protect the rights of the child, including, but not limited to: 1. Determining if the child’s attorney is willing and able to pursue the matter on the child’s behalf. If the court finds that the child’s attorney is willing and qualified to initiate and pursue appropriate action, it may make any orders necessary to facilitate this representation; 2. Appoint counsel for the child specializing in the practice before the agency or Court in which the proceeding will occur; 3. Appoint a guardian ad litem for the child to initiate or pursue the proposed action; 4. Join an administrative agency to the Juvenile Court proceedings pursuant to W&I Code § 362; 5. Take any other action to protect the interest and rights of the child. D. Access to Minors Petitioned Pursuant to W&I Code § 300. No party or attorney (other than the social worker) in a dependency proceeding shall interview the minor about the events relating to the allegations in the petition on file without permission of the minor’s attorney or Court order. No party or attorney in a dependency proceeding shall cause the minor to undergo a physical, medical, or mental health examination or evaluation except as authorized by law.

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E. Notice Regarding Change in Placement. Any changes in placement shall be communicated to minor’s counsel within three (3) business days. [Rule 4.3 adopted effective 1/1/20; renumbered as Rule 5.3 effective 1/1/22] 5.4 REQUESTS TO MODIFY JUVENILE COURT CUSTODY ORDERS POST DISMISSAL Requests to modify juvenile custody orders within one (1) year of dismissal of the juvenile petition and the issuance of the custodial order shall be assigned to the issuing juvenile judge for hearing to ensure there is a significant change in circumstances to warrant modification of juvenile orders as set forth in W&I Code §302(d). The juvenile judge shall sit as a family judge for purposes of hearing the motions regarding modification of custody and/or visitation. Thereafter, any future litigation relating to the custody, visitation and control of the child shall be heard in Family Court. [Rule 4.4 adopted effective 1/1/20; renumbered as Rule 5.4 effective 1/1/22] 5.5 JUVENILE DEPENDENCY, JUVENILE DELINQUENCY, FAMILY AND PROBATE COURTS EXCHANGE OF INFORMATION This rule addresses the exchange of information between Family Court Services (FCS), Juvenile Probation (JP), the Department of Family and Children’s Services (DCFS), the Adult Probation Department (APD) and the Probate Court Investigator’s staff (PCI). The Court finds that the best interest of children and victims appearing before Juvenile, Family, Criminal and Probate Courts, the public interest of avoiding duplication of effort by the Courts and the investigative and supervisory agencies serving the Juvenile Court or Court-serving agency outweighs the confidentiality interest reflected in Penal Code Section 11167 and 11167.5, W&I Code §§ 827 and 10850, Family Code §1818 and Probate Code §1513, and therefore good cause exists for the following rule: A. Sharing of Information. FCS, PCI, APD, DFCS and JP staff may orally disclose to staff of those entities that are investigating or supervising a child abuse, neglect, or delinquency case the following information: 1. Whether the child, parents, guardians, or caretakers are or have been the subject of a custody, juvenile, criminal or probate investigation, the findings and status of that investigation, the recommendations made or anticipated to be made, the progress while under Court supervision including compliance with Court orders, and a copy of any Court orders in existence with respect to the child, parents, guardians, or caretakers. 2. Any statement made by the child or the child’s parents, guardians or caretakers which might bear upon the issue of the child’s best interest in the pending case. 3. DFCS and JP may include this information in Court reports and keep such information in their case files. 4. JP, PCI, APD, FCS and DFCS may provide written documents to each other. However, child abuse and neglect reports described by Penal Code § 11167.5 information disclosing the identity of a reporting party, or Court ordered psychological evaluations, will not be exchanged between the agencies absent a court order. Copies of exchanged documents are not available to the public without a court order.

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B. Restraining/Protective Orders. Subject to available resources, the Family, Juvenile

and Probate Courts shall examine appropriate available databases for existing restraining or protective orders involving the same restrained and protected parties. [Rule 4.5 adopted effective 1/1/20; renumbered as Rule 5.5 effective 1/1/22] 5.6 ASSIGNMENT OF FAMILY, PROBATE OR DOMESTIC VIOLENCE MATTERS TO JUVENILE COURT In keeping with the idea of unifying information and handling of cases involving children and minors, any pending family law or related probate matter involving a dependent under W&I Code § 300, shall be assigned to the Juvenile Court for handling. Any Requests for Domestic Violence Restraining Orders involving a 300 dependent, a 600 ward, parents, or guardians of said dependent/ward shall be assigned to the Juvenile Court for handling. The judges of the Unified Family court are encouraged to discuss problems relating to the coordination of cases involving child abuse allegations. [Rule 4.6 adopted effective 1/1/20; renumbered as Rule 5.6 effective 1/1/22] 5.7 DUAL STATUS –Marin County is a Dual Status Jurisdiction. The dual status protocol is attached as Appendix C. [Rule 4.7 adopted effective 1/1/20; amended and renumbered as Rule 5.7 effective 1/1/22] 5.8 COMPETENCY PROTOCOL Juvenile Court will follow local protocol attached as Appendix B. This protocol is consistent with and supplements the requirements of W&I Code § 709 and CRC 5.645. In the event of modifications to W&I Code § 709 and CRC 5.645 the Statute and Rule of Court shall control. [Rule 4.8 adopted effective 1/1/20; renumbered as Rule 5.8 effective 1/1/22]

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6. PROBATE RULES

6.1 INTRODUCTION A. General. The Probate Rules for Marin County Superior Court set forth local policies and procedures of the Probate Department. These rules do not attempt to restate or summarize statutory or case law or estate administration in general. B. Contact Information. For current contact information, tentative rulings, and the online probate calendars, parties should refer to the Court’s website at www.marin.courts.ca.gov. Clerks’ Office can be contacted by: Mail: P.O. Box 4988, San Rafael, CA 94913-4988 Email: probate@marin.courts.ca.gov Phone: (415) 444-7040; press 5; press 4

Probate Court Investigators can be contacted by:
Mail: P.O. Box 4988, San Rafael, CA 94913-4988
Email: probate@marin.courts.ca.gov
Phone: (415) 444-7090

[Rule 5.1 adopted effective 7/1/19; renumbered as Rule 6.1 effective 1/1/22; amended 7/1/24]

6.2 CALENDAR AND PROCEDURAL MATTERS A. General Guidelines. 1. General Probate Matters. One department of the Superior Court shall be designated by the Presiding Judge of the Superior Court to hear general probate matters. Except as otherwise indicated in these rules, all probate petitions concerning the following are to be calendared for hearing on the Regular Probate Calendar: a. Decedent’s Estates b. Trusts c. Conservatorships of the person and of the estate (except for matters involving the Lanterman-Petris-Short Act which shall be calendared on the LPS Calendar). d. Guardianships e. Special Needs Trusts f. Fact of Birth/Death/Marriage 2. Probate Research Attorney. a. The Probate Research Attorney reviews filings in probate proceedings to ensure that filed matters are properly ready for consideration by the Court in accordance with the requirements of the Probate Code, the rules in Title 7 of the California Rules of Court, and the Court’s Local Rules. b. The Probate Research Attorney will not review any document unless and until it has been filed.

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c. The Probate Research Attorney will not give legal advice or provide advisory opinions. B. Filing, Hearing, and Continuance Procedures. 1. Petitions. All petitions and supporting documents must be filed with the Probate Clerk. 2. Hearing Date. a. The next available hearing date will be assigned by the Probate Clerk at the time of filing. b. If there is urgency to the petition, counsel may file an ex parte motion to advance the hearing date. 3. Opposition Papers and Supplemental Documents. a. Unless ordered otherwise, all opposition papers and supplemental documents must be filed at least five (5) court days before the hearing. b. Pursuant to Probate Code § 1043, if an interested party appears in court to contest a petition without submitting written opposition, the Court may (in the interests of justice and efficiency) either hear the objections/opposition at the time of the hearing or continue the matter to allow the interested party to file written objections. 4. Exhibits. All referenced exhibits must be properly tabbed for easy reference by the Court. 5. Untimely Filings. If a party presents a document/documents to the clerk for filing that is untimely, the Probate Clerk will accept the documents. At the Court’s discretion, a late filing may result in: a. The Court’s refusal to consider the late filed documents. b. A continuance of the hearing. c. Sanctions. 6. Procedure for Obtaining a Continuance in Uncontested Matters. a. Any request for a continuance before the time of the hearing must be made: i. By noticed motion with notice to all interested parties entitled to notice of the underlying petition; ii. At least three (3) court days prior to hearing; and iii. With the permission of petitioner, if self-represented, or by petitioner’s counsel. b. The court will continue the following matters only upon a properly noticed appearance: i. Sale of Real Property ii. Order to Show Cause

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iii. Ex Parte Petition 7. Procedure for Obtaining a Continuance in Contested Matters. a. Any request for a continuance before the time of the hearing must be made: i. At least three (3) court days prior to hearing; ii. By a stipulated motion and proposed order signed by all parties who have appeared in the matter. iii. Petitioner and all parties who have made an appearance in the case must stipulate to the continuance. iv. All parties entitled to notice of the underlying petition must receive notice. b. Once a matter has been scheduled for an evidentiary hearing/trial, it cannot be continued by stipulation. These requests must be made by filing a noticed motion with notice to all interested parties entitled to notice of the underlying petition. C. Submission of Proposed Orders. 1. Proposed orders shall be submitted at the time of filing the petition. 2. If submitted via mail, drop box, or in person: the Probate Clerk will return a file endorsed copy by mail if a self-addressed, pre-paid envelope is submitted with the proposed order. 3. If submitted via mail, drop box, or in person, and a conformed copy is desired, additional copies must be submitted. 4. If submitted via mail, drop box, or in person, and it is requested that the Clerk’s Office mail back conformed copies of their filings, a self-addressed stamped envelope of proper size and with sufficient postage must be provided. 5. If no envelope is provided, the conformed copy will be placed in the Will Call cabinet in the Clerk’s Office in Room 113 for a maximum of sixty (60) days. 6. If the postage or the envelope provided is insufficient to mail the entire conformed copy, only the face copy of the pleading will be mailed and the conformed copy will be placed in the Will Call cabinet for a maximum of sixty (60) days. D. Tentative Rulings. 1. Obtaining Tentative Rulings. Parties may obtain tentative rulings online at Tentative Rulings | Superior Court of California | County of Marin or by calling (415) 444-7260 from 2:00 to 4:00 p.m. on the court day preceding the scheduled hearing. Probate cases that are designated as confidential by California law will not be posted online. Tentative rulings in those matters may be obtained by telephone from the judicial secretary at (415) 444-7260. Confidential cases include applications for Special Immigrant Juvenile Status.

2. Oral Argument. If a party wants to present oral argument, the party must

contact the Court at (415) 444-7046 and all parties entitled to notice of the underlying petition or motion by 4:00 p.m. the court day preceding the scheduled hearing. Notice

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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.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling shall become the order of the Court.

3. Length of Hearings. Non-evidentiary hearings on the Probate Calendar are

limited to a maximum of 20 minutes. E. Contested Matters. 1 Written Objections. Before the Court will conduct a formal hearing in any contested proceeding, written objections specifying the grounds for such objection or opposition must be filed. If oral objections are made at a hearing, the Court may continue the matter in order to have the objections submitted in writing. (Probate Code § 1043) 2. Meet and Confer Requirement. Prior to the setting of a contested evidentiary hearing, a party or their respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference. If resolution is not possible, and an evidentiary hearing is scheduled, then each party shall file a Statement of Issues as provided below. 3. Statement of Issues or Settlement. 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. Each Statement of Issues must: a. indicate that the party or their respective attorney has met face-to-face or, if that is not possible, have participated in a telephone conference to discuss the issues in dispute; b. identify the substantial issues in the controversy, with references to any supporting evidence and/or legal authority; c. include each party’s opinion of any barriers to settlement; and d. provide an estimate of the time requirement for the hearing or resolution. 4 Trial Scheduling. If the hearing on a contested matter is estimated to exceed twenty (20) minutes or a trial is demanded, the matter may be specially set for an extended hearing by the assigned probate Judge.

[Rule 5.2 adopted effective 7/1/19; amended and renumbered as Rule 6.2 effective 1/1/22; amended 7/1/24; amended 1/1/25]

6.3 EX PARTE MATTERS A. Presentation of Emergency Probate Applications. If a party has reason to believe that emergency orders are needed to prevent irreparable harm to person or property, an ex parte application may be filed. B. Ex Parte Hearings. 1. Ex parte applications will be heard at the conclusion of the Probate Judge’s regularly scheduled 9:00 a.m. calendar.

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2. In the event of an extreme emergency, a request for a specially-set ex parte

hearing may be emailed to probate@marin.courts.ca.gov. Such request must provide sufficient facts to justify an earlier hearing date and will be submitted to the Probate Judge for consideration and will not be granted without judicial approval. C. Timing.

1 Ex parte applications and supporting documents must be filed no later than

10:00 a.m. two (2) court days before the application is to be heard. 2. Any written opposition must be filed by 3:30 p.m. one (1) court day before the application is to be heard.

D. Application.

1. All applications must comply with applicable CRC rules (e.g., CRC 3.1200

et seq.) 2. An application for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation should be shown for the petitioner’s personal knowledge. 3. The application must clearly state that it is an “ex parte” application. 4. The application must be accompanied by: Declaration regarding notice: i. Identify the persons entitled to notice under the applicable sections of the Probate Code, and either set forth an explanation of notice provided or the facts upon which the petitioner requests an order dispensing with notice. ii. Contain a statement re requests for special notices. The statement shall either recite that no request for special notice is in effect or shall list the parties requesting special notice and attach the specific waivers of notice by such parties or proof of service on such parties. b. Declaration regarding emergency. c. Order: Unless using a Judicial Council form that contains its own order, all moving papers must be accompanied by a separate proposed order, complete in and of itself. E. Notice.

1. Subject to the following exceptions, notice shall be provided in accordance

with the California Rules of Court (CRC) applicable to civil ex parte matters. 2. Notice to the Probate Court Investigator shall be given in all conservatorship and guardianship matters. 3. 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

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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

[Rule 5.3 adopted effective 7/1/19; amended and renumbered as Rule 6.3 effective

1/1/22; amended 7/1/24; amended 1/1/25]

6.4 DISCOVERY FACILITATOR PROGRAM

The provisions of Marin County Rule, Civil 2.13 apply to probate cases.

[Rule 6.4 adopted effective 7/1/24]

6.5 SETTLEMENT CONFERENCES A. Mandatory Settlement Conference. A mandatory settlement conference pursuant to CRC 3.1380 shall be held in all cases where a trial or evidentiary hearing has been demanded. The date for the settlement conference shall be assigned at a status conference. B. Settlement Conference Statement. At least ten (10) court days before the settlement conference, parties shall lodge a settlement conference statement with 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. The Court may impose sanctions of $99 per calendar day for statements lodged late. The parties shall note the date and time of the settlement conference and trial on the face sheet of the statement. The settlement conference statement shall comply with all requirements of CRC 3.1380(c) and shall also include the following, where applicable: 1. A brief statement of the case; 2. A statement of facts including: (a) factual and legal contentions in dispute; and (b) citations of authorities which support legal propositions; 3. The date when the last face-to-face settlement discussion was held. C. Required Attendance. Attendance at settlement conferences by all counsel (with settlement authority and complete familiarity with the case) is required. Counsel must be accompanied by their client. Exceptions to this rule require advance written approval by the Court. D. Continuances. Matters scheduled for a settlement conference cannot be continued by stipulation. All continuance requests (whether stipulated to or not) must be filed at least ten (10) court days prior to the scheduled hearing date. Once filed, a date to hear the continuance request will be set by the Probate Judge. All parties must appear.

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E. Sanctions. Failure of an attorney and/or party to prepare for, appear, or participate in a settlement conference, unless good cause is shown for any such failure, is an unlawful interference with the proceedings of the Court, and the Court may impose sanctions, including, but not limited to monetary sanctions. [Rule 5.4 adopted effective 7/1/19; renumbered as Rule 6.4 effective 1/1/22; Rule 6.4 amended and renumbered as Rule 6.5 effective 7/1/24; amended 1/1/25; amended 7/1/26]

SPOUSAL PROPERTY PETITION AND ELECTION 6.6 FILING AND CONTENTS OF SPOUSAL PROPERTY PETITION If a spousal property petition is filed with a petition for probate of will or for Letters, the spousal property petition must be filed as a separate petition. (CRC 7.301) [Rule 5.5 adopted effective 5/1/98; amended 1/1/04; renumbered as Rule 6.5 effective 1/1/22; Rule 6.5 renumbered as Rule 6.6 effective 7/1/24] 6.7 REQUIRED ALLEGATIONS A. Source of Property. In petitions where the decedent died intestate, the petition must contain the date of marriage and a precise identification of the property community, quasi community, or separate property. The declaration must state facts supporting the character of the property as community, quasi community, or separate property. A copy of the latest deed for any real property should be attached to the petition. If any property is claimed to be community but was acquired by gift, devise, descent, joint tenancy survivorship, or similar means, the petition must state with particularity the way in which the property was converted to community property. For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected. If the decedent died testate, a copy of the Will must be attached to the Petition. If the will is not self-proving, proof of will must also be filed. B. Claims Based on Documents. If the community or quasi-community property claim is based on any document, a copy of the document showing signatures, when feasible, must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached. If it is believed that disclosure of the document would be detrimental, the document or the relevant portions may be paraphrased in the petition accompanied by a statement that a copy of the document itself will be made available to the Court. [Rule 5.6 adopted effective 5/1/98; amended 7/1/00; renumbered as Rule 6.6 effective 1/1/22; Rule 6.6 amended and renumbered as Rule 6.7 effective 7/1/24] 6.8 ELECTION OF SURVIVING SPOUSE TO ADMINISTER If the surviving spouse elects under Probate Code § 13502 to administer property, the surviving spouse must file an election and state he or she has been fully informed regarding the reasons for the election, including the potential delay and increased compensation. If the surviving spouse files the election to transfer one-half of the community property to a trustee (see Probate Code § 13503), the surviving spouse's one-half shall not be included in the basis for statutory compensation.

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MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

[Rule 5.7 adopted effective 5/1/98; renumbered as Rule 6.7 effective 1/1/22; Rule 6.7 renumbered as Rule 6.8 effective 7/1/24]

APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS 6.9 SPECIAL LETTERS OF ADMINISTRATION Petitions for Letters of Special Administration will be calendared by the probate clerk three (3) weeks out. The petition should include the specific reason indicating the necessity of the appointment. Although preference is given to the person entitled to Letters Testamentary or of Administration, if it appears that a bona fide contest exists, the Court will consider appointing a neutral person or corporate fiduciary. A special administrator cannot be granted powers under the Independent Administration of Estates Act (IAEA) unless proper publication and notice has been completed. [Rule 5.8 adopted effective 1/1/14; renumbered as Rule 6.8 effective 1/1/22; Rule 6.8 renumbered as Rule 6.9 effective 7/1/24; amended 1/1/25] 6.10 PETITION FOR PROBATE OF WILL AND LETTERS OF ADMINISTRATION A. Holographic Will and Foreign Language Will. When a holographic instrument is offered for probate, all copies presented must be accompanied by a typewritten copy. Where an instrument written in a foreign language is offered, it must be accompanied by a copy translated into English. All translations must be accompanied by a declaration setting forth the translator’s qualifications and/or credentials. B. Attachments. Copies of all instruments offered for probate must be attached to the petition. C. Listing Devisees and Heirs. 1. Even though a decedent died testate, the petition must contain the names and relationships of all the heirs of the decedent. An heir is any person who would be entitled to distribution of a part of the decedent's estate including those who would be heirs if the decedent had a predeceased spouse or if the decedent had died intestate. When second generation heirs are listed, the deceased ancestor through whom they take shall be named, along with the ancestor's relationship to decedent. 2. All heirs or devisees, or other persons named in the will and each person named as executor or alternate executor who is not petitioning must be listed in the petition. In addition, if the interest of the devisee is contingent as of the date of the petition or the happening of an event, such as survivorship for a specific period, then the contingent devisee must also be listed. Also to be listed in the petition is each person provided for in the original will whose bequest has been revoked in a subsequent codicil. 3. If a named devisee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death.

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MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

4. If an heir or devisee died after the decedent, that person should be listed with the notation that he or she is deceased and the date of death. If a personal representative has been appointed, the deceased heir or devisee should be listed in care of the name and address of their personal representative. If no personal representative has been appointed, that fact should be alleged. [Rule 5.9 adopted effective 5/1/98; amended 7/1/13; renumbered as Rule 6.9 effective 1/1/22; Rule 6.9 amended and renumbered as Rule 6.10 effective 7/1/24; amended 1/1/25] 6.11 NOTICE REQUIREMENTS OBTAINING LETTERS IN DECEDENT'S ESTATES A. Letters Testamentary and Letters of Administration. The attorney is responsible for obtaining Letters, including notice and publication. Notice must be given to the Attorney General and foreign consulate as required by the Probate Code. B. Methods of Giving Various Notice. Notice must be given to all living individuals or entities identified in the petition for probate. C. Requirement of Publication of Notice to Administer Estate. 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. 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. It is the responsibility of the attorney to arrange for publication; the Clerk does not have this responsibility. 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. D. Defective Notice. 1. Defective 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. 2. Defective publication. 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. [Rule 5.10 adopted effective 5/1/98; amended 1/1/19; renumbered as Rule 6.10 effective 1/1/22; Rule 6.10 mended and renumbered as Rule 6.11 effective 7/1/24] 6.12 PROOF OF WILLS In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need of testimony in open Court. There is a preference for a non- beneficiary to prove a holographic will. Where more than one testamentary instrument is offered for probate, each instrument must be proved by a separate declaration. [Rule 5.11 adopted effective 5/1/98; renumbered as Rule 6.11 effective 1/1/22; Rule 6.11 renumbered as Rule 6.12 effective 7/1/24]

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MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

6.13 LOST OR DESTROYED WILLS The petition for probate shall include a written statement of the testamentary words or their substance. Evidence will be required to overcome the presumption of revocation. A copy of the will admitted to probate, if available, shall be attached to the order for probate. [Rule 5.12 adopted effective 5/1/98; amended 1/1/04; renumbered as Rule 6.12 effective 1/1/22; Rule 6.12 renumbered as Rule 6.13 effective 7/1/24] 6.14 WILL WITH DELETIONS OR INTERLINEATIONS Where the will offered for probate contains alterations by interlineation or deletion on the face, the petition for probate should contain allegations to explain the alteration and support petitioner’s position in the matter. The petition should request that the interlineated portion be admitted or not admitted; that the deletions take effect or be disregarded; or make such other request as petitioner finds to be appropriate. The petition should set forth in an attachment, statements of all relevant facts regarding the alteration, for example, whether the will was in possession of decedent, and should include a statement of applicable law. [Rule 5.13 adopted effective 5/1/98; renumbered as Rule 6.13 effective 1/1/22; Rule 6.13 renumbered as Rule 6.14 effective 7/1/24]

BOND 6.15 APPLICATION OF BOND SECTION These guidelines (MCR Prob 6.15 to 6.19) apply to guardians, conservators, and trustees, as well as to personal representatives. [Rule 6.14 adopted effective 5/1/98; renumbered as Rule 6.14 effective 1/1/22; Rule 6.14 renumbered as Rule 6.15 effective 7/1/124] 6.16 REQUIREMENT OF BOND/WAIVER OF BOND (SEE CRC 7.201) A. Personal Representatives in Probate Estate. Even if the Will waives bond, or if the Court directs no bond be filed, or be filed in a reduced sum, the Court on its own motion, or on petition of any person interested in the estate may, for good cause, require the bond be given or amount increased, either before or any time after issuance of letters. 1. No Bond Required. Ordinarily, no bond will be required of the personal representative in the following circumstances: (a) where the Will waives bond of the nominated personal representative; (b) where the petitioner is the sole beneficiary under the Will, or (c) all beneficiaries of the estate waive bond. Where appropriate, counsel should file a declaration to assist the Court. The Court, in its discretion, may require a bond. 2. Bond May Be Required. When the personal representative is not a resident of California, the Court may require bond for any unsecured debts of Decedent. The petition should include a declaration to assist the Court in its determination. 3. Bond Required. In all other circumstances, except for those set forth above, the Court will require a bond. If the personal representative has full IAEA powers, a bond for both personal property and the equity in real property must be obtained. If the

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personal representative has limited IAEA powers, a bond shall be obtained for all of the property, excluding the real property. B. Conservatorships/Guardianships. Ordinarily, bond will not be waived in conservatorships or guardianships. [Rule 5.15 adopted effective 5/1/98; amended 1/1/04; renumbered as Rule 6.15 effective 1/1/22; Rule 6.15 amended and renumbered as Rule 6.16 effective 7/1/24] 6.17 REDUCING BOND THROUGH USE OF DEPOSITORY FOR BLOCKED ACCOUNT A. Before Issuance of Letters. The receipt and agreement of depository required by the Probate Code must be filed prior to the issuance of Letters. B. After Appointment. Bonds may be reduced at any time after appointment by a petition and order reducing bond, together with a receipt of a depository showing assets in the amount of the requested reduction have been so deposited. Such a petition must set forth the assets remaining in the estate, after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected. C. Direct Transmittal to Depository. If the assets to be deposited are in the possession of a bank, savings and loan association or trust company other than the named depository, the order should direct the entity in possession to deliver such assets directly to the named depository and further direct the depository, on receiving such assets, to issue its receipt and agreement to the fiduciary. (Financial Code § 765) D. Withdrawals or Releases from Depository. The petition should set forth the approximate bond, and the purpose for which the withdrawal is being made. The order may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto. E. Letters. Any Letters issued where accounts have been blocked should include the statement: "Account located at (institution name) has been blocked and receipts for the blocked account have been filed with the Court." [Rule 5.16 adopted effective 5/1/98; renumbered as Rule 6.16 effective 1/1/22; Rule 6.16 renumbered as Rule 6.17 effective 7/1/24; amended 1/1/25] 6.18 BOND MODIFICATION A. Duty and Application. It is the duty of the fiduciary or the fiduciary's attorney, upon becoming aware that the bond is insufficient (e.g., on filing of an inventory or submitting an accounting), to apply immediately for an order increasing the bond. B. Bond Increase. When the bond of a fiduciary must be increased, the Court favors filing of an additional bond rather than a substitute bond. Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the Court to determine the amount of the increase. C. Bond Decrease. When the fiduciary's bond should be decreased, the Court favors using an order reducing the liability on the existing bond rather than a substitute bond. Where a decrease in bond is sought because distribution has been made, copies of receipts evidencing the distribution shall be presented with the petition.

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[Rule 5.17 adopted effective 5/1/98; renumbered as Rule 6.17 effective 1/1/22; renumbered as Rule 6.18 effective 7/1/24; amended 1/1/25] 6.19 BOND OF SPECIAL ADMINISTRATORS In the case of ex parte appointments of special administrators, the Court will usually require a bond even if the Will waives the bond and the beneficiaries waive bond. [Rule 5.19 adopted effective 5/1/98; renumbered as rule 6.19 effective 1/1/22]

INVENTORY AND APPRAISAL 6.20 PREPARING INVENTORY AND APPRAISAL A. Preparation. The California Probate Referees' Association has published a pamphlet, Probate Referees' Procedures Guide, describing the suggested form for listing various inventory assets as well as its opinion as to whether particular assets should be listed on Attachment 1 or 2. Although not an official publication, this pamphlet is a good reference. Copies are available from the California Probate Referees' Association, 465 California Street, Suite 702, San Francisco, CA 94104. Please refer to this pamphlet for specific information on completing an inventory and appraisal. B. Due Date. The inventory and appraisal for a decedent's estate is due within four months of issuance of letters of a personal representative. [Rule 5.20 adopted effective 5/1/98; amended 1/1/04; renumbered as Rule 6.20 effective 1/1/22] 6.21 APPOINTMENT OF REFEREE A. Procedure for Request. To obtain appointment of a Probate Referee, the appropriate box on the Order for Probate should be checked. The Clerk will return the Order with a Referee appointed. If a Referee has not been assigned on the Order for Probate, an Order Appointing Probate Referee should be submitted to the Court. B. Waiver of Appointment of Referee. The appointment of a Probate Referee may be waived for "good cause" under Probate Code § 8903, et seq. The decision whether good cause exists will be made by the Court on the basis of the facts set forth in the petition. 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. The petition shall state the source of the values included in the inventory and appraisal. Waivers of appointment are not routinely granted. [Rule 5.21 adopted effective 5/1/98; renumbered as Rule 6.21 effective 1/1/22; amended 7/1/24] 6.22 SUFFICIENCY OF BOND If there is a bond in force, the inventory and appraisal must disclose on its face, at the place on the form above the attorney's signature, whether the amount thereof is sufficient or insufficient. See MCR Prob 6.27 regarding bond modification. [Rule 5.22 adopted effective 5/1/98; renumbered as Rule 6.22 effective 1/1/22] 6.23 OBJECTION TO APPRAISED VALUE OF ASSETS Prior to the filing of the inventory and appraisal, counsel are encouraged to engage in informal discussion with the Probate Referee to resolve disagreements over the value of

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particular assets. After the filing of the inventory and appraisal and before a hearing on the Petition for Final Distribution, the personal representative or an interested person may file a written objection to the value of assets on the appraisal. [Rule 5.23 adopted effective 5/1/98; amended 7/1/10; renumbered as Rule 6.23 effective 1/1/22]

CLAIMS 6.24 CLAIMS PROCEDURES All claims in probate proceedings must conform to the provisions of Probate Code § 9000 et seq. [Rule 5.24 adopted effective 5/1/98; renumbered as Rule 6.24 effective 1/1/22] 6.25 NOTICE TO CREDITORS Notice to creditors must be given as provided in the Probate Code. A showing that affirmative efforts to locate and notify creditors, both known and reasonably ascertainable, is required under the Probate Code and must be set forth in the final report. [Rule 5.25 adopted effective 5/1/98; renumbered as Rule 6.25 effective 1/1/22]

SALES OF ESTATE PROPERTY 6.26 GENERAL INFORMATION A. Judicial Approval. For estates being administered with full authority under IAEA, judicial approval of sales or exchanges of real or personal property is no longer required; otherwise confirmation of sales is still required. B. Notice. 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. C. Exclusive Listings for Sale of Property. A personal representative acting under IAEA has authority to enter into an exclusive agreement to sell real property without prior Court approval. If Court confirmation is sought, either because of limited IAEA or pursuant to the Agreement of Sale, at the hearing on confirmation of sale, the Court may determine the total commission without regard to the terms of the exclusive agreement. D. Purchase of Estate Property by Personal Representative. Although the purchase of estate property by the personal representative is generally prohibited, such purchase may be allowed under limited circumstances subject to Court approval. [Rule 5.26 adopted effective 5/1/98; amended 7/1/08; renumbered as Rule 6.26 effective 1/1/22] 6.27 SALES OF PERSONAL PROPERTY A. Tangible Personal Property. 1. Necessity for Appraisal. The sale of tangible personal property will not be approved unless the property has been inventoried and appraised. 2. Commissions. Commissions on sales of tangible personal property will be allowed only to individuals holding a license authorizing them to deal in the type of

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property involved. A commission will be allowed on the original bid only when the commission is requested in the return of sale. When there is an overbid in Court, a commission may be allowed to the successful broker, and, if the original bid was subject to a commission, apportionment between the brokers will be made according to the same rules as prescribed for real estate sales. The amount of the commission is within the Court's discretion and will ordinarily conform to the amounts found below. B. Securities. The petition for authority to sell securities must set forth a minimum sales price as to all securities except those listed on an established exchange. The minimum price must be a recent market quotation from the New York Stock Exchange, American Exchange or an over-the-counter market. If there is no recent market quotation available or the securities are "closely held," the petition must set forth the basis for fixing the minimum sales price. C. Condominiums, Community or Cooperative Apartments. A condominium or cooperative apartment is an interest in real property and must be sold as such unless it is held as a limited partnership. (Civil Code § 783) The sale of a cooperative apartment will not be confirmed subject to the original (returned) purchaser later obtaining the acceptance of a Board of Directors or other governing body. If there is an overbid, the Court, at the request of the personal representative, will then continue the matter for the purpose of obtaining acceptance. If the personal representative does not wish to continue the matter for this purpose, the Court will not accept the overbid. [Rule 5.27 adopted effective 5/1/98; amended 7/1/08; renumbered as Rule 6.27 effective 1/1/22; amended 1/1/25] 6.28 RETURN OF SALE OF REAL PROPERTY A. Publication of Notice of Intention to Sell Real Property. Notice of Intention to Sell Real Property must be published in decedents' estates (except for estates in which there is a power of sale in the will or estates being administered under full IAEA) and in all conservatorships/guardianships unless the Court has granted the conservator/guardian power to sell. Publication must be in a newspaper published in the county in which the real property lies. 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. B. Contents of Notice and Purpose of Notice. The notice should include the date and place of sale, not the date of the confirmation hearings. The published notice is a solicitation for offers. No offer can be accepted until the date on or after the time for making bids expires. In addition to a legal description of the property, the notice should contain the street address or other common designation of the property, when available, and should also state the following, where applicable: 1. If an exclusive listing has been given, the notice should so state. 2. If the property is to be sold subject to an encumbrance, the notice should so state. 3. If the property is to be sold for cash only, the notice must so state. 4. If the estate would prefer all cash but will accept part cash and part credit, the notice should include the following language: “All cash, or part cash and

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part credit, the terms and conditions of credit as acceptable to the fiduciary and the Court." C. Effect of Notice. Any offer accepted and returned to Court for confirmation must conform to the terms of sale contained in the notice. [Rule 5.28 adopted effective 5/1/98; renumbered as Rule 6.28 effective 1/1/22] 6.29 RETURN OF PRIVATE SALE FOR COURT CONFIRMATION A. Appraisal and Reappraisal. In order for a private sale to be confirmed, there must be on file an appraisal by the Probate Referee of the property and, if required, a reappraisal by the Probate Referee if the decedent's date of death or guardian's or conservator's appointment occurred more than one year before the date of the confirmation hearing. The appraisal and reappraisal shall be on file prior to the hearing date on the return of sale. B. Market Exposure of Property. Whenever it is brought to the attention of the Court that the fiduciary has denied bona fide prospective buyers or their brokers a reasonable opportunity to inspect the property, or the property has not had maximum market exposure, the returned sale will not be confirmed, and the sale will be continued, to allow inspection and further exposure to the market. C. Second Deeds of Trust. The Court will approve the taking of a promissory note secured by a junior deed of trust upon a showing that it serves the best interests of the estate. D. Hearing on Return of Sale and Overbids. Counsel must be prepared to state the minimum necessary overbid price. 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. E. Earnest Money Deposit by Overbidder. When a sale is confirmed to an overbidder, the overbidder, at the request of the personal representative, must submit at the time of hearing a certified or cashier's check in the amount of 10 percent of the entire amount of the bid, but not to exceed the amount of the cash down payment. F. Bond. The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale. If no additional bond is required, or if bond is waived, that fact should be alleged. If additional bond is required after confirmation of sale of real property, the petitioner should provide sufficient information to the Court to determine the net proceeds of sale and the amount of the required additional bond. If proceeds are to be placed in a blocked account, the matter will be placed on the following week's probate calendar for verification that a receipt for the blocked account is on file. If additional bond is required in the confirmation order, the Court will not enter the order until the additional bond is filed. (CRC 7.206) G. Absence of Attorney for Estate at Confirmation Hearing. If someone is present who wishes to overbid and the estate's attorney is absent, the hearing will be continued, except where the fiduciary is present and requests that the sale proceed without the attorney. H. Partial Interest. Where the estate has a partial interest in real property, all information in the petition should refer ONLY to the partial interest, including the overbid amount. If the additional interest is also being sold outside of Court, the total bid necessary should be announced in open court. [Rule 5.29 adopted effective 5/1/98; amended 7/1/08; renumbered as Rule 6.29 effective 1/1/22; amended 1/1/25]

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MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

6.30 BROKER'S COMMISSIONS A. Improved Real Property. The Court will ordinarily allow a broker's commission not to exceed 6% of the first $100,000 and 5% of any excess over $100,000. It is understood that commissions are negotiable, and the parties may agree to a lesser percentage. B. Unimproved Real Property. The Court will ordinarily allow a broker's commission not to exceed 10% of the first $20,000, 8% of the next $30,000, and 5% of the balance of the sale price. In the Court's discretion, a flat 10% may be allowed. In each instance, the Court will determine what is "unimproved" real property. C. Commission Rates at Real Property Situs Will Apply. When the real property is not located in Marin County, the Court will allow commissions based on the Marin Probate Court schedules unless it is shown that a larger commission would be allowed based on the schedule in effect in the Probate Court of the County in which the property is located. 1. Commissions in Excess of Schedule. A commission exceeding the normal schedule will be allowed only if it is reasonable in the opinion of the Court. The written agreement of the affected beneficiaries to the allowance of such commission should be obtained. D. Broker Bidding for Own Account Not Entitled to a Commission. A broker bidding for their own account is not entitled to receive or share in a commission. E. Broker's Commissions in Overbid Situations. The broker's commission in overbid situations depends upon who is represented by a broker. 1. Only original bidder represented by broker. When the original bidder is represented by a broker and the successful overbidder is not, the original broker is allowed a full commission on the amount of the original bid returned. 2. Where overbidder represented by broker. The overbidder's broker receives a full commission on the overbid price confirmed by the Court, reduced by one-half (1/2) the commission on the original bid, which latter commission will be split equally between the original bidder's broker and any listing broker involved in the sale. Overbidder's commission is limited by Probate Code § 10162 to half the difference between the successful overbid and the returned bid if the original bidder is not represented by a broker. If the brokers have an agreement regarding the splitting of the commissions, it must be signed by all brokers. Reference to the multiple listing is not sufficient to alter the statutory requirements for the splitting of broker's commissions. F. Order Must Allocate Commission. The order confirming sale must show the total commissions allowed and any allocation agreed on between brokers. [Rule 5.30 adopted effective 5/1/98; amended 7/1/09; renumbered as Rule 6.30 effective 1/1/22] ACCOUNTS 6.31 IN GENERAL All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the provisions of the Probate Code. The provisions relating to accounting can be found in Probate Code §§ 1061 et seq. The summary of account must be in carry value (not market value). An additional schedule must be provided showing the market value of assets at the end of the accounting period per Probate

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Code § 1063(a). The account must state the period covered by the account. A personal representative's account must begin with the date of death of the decedent. Accounts not conforming to the Probate Code will not be approved. When a future accounting is required, the following language shall be included in the last paragraph of the proposed order for approval of an intermediate accounting: “The [First/Second/Third etc.] Account and Report covering the accounting period from to shall be filed by __________.” [Rule 5.31 adopted effective 5/1/98; amended 7/1/10; renumbered as Rule 6.31 effective 1/1/22] 6.32 BONDS In any account where bond has been posted, allegations must be included as to the total bond(s) posted, the fair market value of personal property on hand at the close of the account period plus the estimated annual gross income from the real and personal property, and any additional bond required. [Rule 5.32 adopted effective 5/1/98; renumbered as Rule 6.32 effective 1/1/22] 6.33 TRUSTEE'S FIRST ACCOUNT The starting balance of a testamentary trustee's first account must conform to the trustee's receipt(s) filed on distribution of the assets of the decedent's probate estate. The petition for settlement of a trustee's account must include the names of beneficiaries and remainder persons and set forth the trust provisions for distribution of principal and income. [Rule 5.33 adopted effective 5/1/98; renumbered as Rule 6.33 effective 1/1/22] 6.34 WAIVER OF ACCOUNT A. By All Interested Parties. Waiver of accounting is permitted when each person entitled to distribution files either a written waiver of accounting or a written acknowledgment that the distributee has already received that to which he/she is entitled. A beneficiary of a specific cash bequest or non-income producing assets ordinarily need not execute a waiver of the accounting. B. Effect of Waiver. If an account is waived under Probate Code section 10954, the details of receipts and disbursements need not be listed in the report. However, the report must list the information required by law, including information as to creditors’ claims, sales, purchases or exchanges of assets, changes in the form of assets, assets on hand, whether the estate is solvent, detailed schedules of receipts and gains or losses on sale (where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions), costs of administration (if reimbursement of these costs is requested), the amount of any fees or commissions paid or to be paid, and the calculation of such fees or commissions as described in CRC 7.705. C. Waiver by Trustee. A trustee who is also the personal representative may not waive an accounting of themselves. The waiver may be executed by a co-trustee or by all trust beneficiaries presently entitled to distribution. This applies to testamentary trusts and to pourover wills into inter vivos trusts. A testamentary trustee who waives the accounting of the personal representative must have filed a consent to act as trustee. [Rule 5.34 adopted effective 5/1/98; renumbered as Rule 6.34 effective 1/1/22]

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DISTRIBUTION OF PROBATE ESTATE 6.35 NOTICE REQUIREMENTS ON PETITIONS FOR DISTRIBUTION A. Basic Notice Requirements. 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. B. Notice to Prior Representative and Attorney. 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. C. Proof of Notice. Proof of the giving of notice shall be filed prior to the hearing and, if it appears to the satisfaction of the Court that the notice has been regularly given, the Court will so find in its Order. D. Additional Notices. 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. [Rule 5.35 adopted effective 5/1/98; renumbered as Rule 6.35 effective 1/1/22] 6.36 PRELIMINARY DISTRIBUTION In addition to any other requirements, a petition for preliminary distribution must state the approximate value of the property remaining in the estate after the proposed distribution, an estimate of the total amount of unpaid taxes, unpaid claims and other liabilities, a statement of

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why final distribution cannot be made and when it will be made. An inventory and appraisal which includes the property to be distributed must be on file. [Rule 5.36 adopted effective 5/1/98; renumbered as Rule 6.36 effective 1/1/22; amended 1/1/25] 6.37 FINAL DISTRIBUTION IN GENERAL A. List of Assets and Description of Property Required. A petition for final distribution, whether or not an account is waived, must list assets on hand and list and describe the property to be distributed, either in the body of the petition, or by a schedule in the accounting, or in a separate exhibit incorporated in the petition by reference. Description by reference to the inventory is insufficient. In the Order for Final Distribution real property must be described by legal description and include the parcel number. B. Specific Statement How Estate to be Distributed. The petition for final distribution must state specifically how the estate is to be distributed. A general allegation that distribution is "in accordance with the terms of the Will" or "in accordance with the laws of intestate succession" is insufficient. C. Non-Pro Rata Distribution. When the petition seeks a non-pro rata distribution, it must show the computation on which the proposed distribution is based. Consents of interested beneficiaries must be filed. D. Decree of Distribution. Whether or not an accounting has been waived, the decree of distribution must set forth specifically the manner in which the estate is to be distributed by showing the distributee's name and a description of the property, including the legal description of real property, and the amount of cash (as of a date certain) to be distributed. This must be in the body of the decree. Mere reference to allegations in the petition is insufficient and not acceptable to the Court. 1. Blocked Funds. The decree should provide that the savings institutions or other depository holding blocked funds belonging to the estate draw checks payable to named distributees. Funds held in blocked accounts in lieu of bond will not be released to the personal representative for distribution. E. Preliminary Distribution Receipts. Receipts for any preliminary distribution must be on file prior to the final distribution. [Rule 5.37 adopted effective 5/1/98; renumbered as Rule 6.37 effective 1/1/22] 6.38 ADDITIONAL REQUIREMENTS RE: PETITION FOR FINAL DISTRIBUTION A. Allegations Relating to Creditor's Claims. In addition to the allegation that all reasonably ascertainable creditors have been notified, the petition for final distribution whether or not on waiver of accounting and whether or not the personal representative is acting under the IAEA, must describe all creditors' claims presented to the personal representative (even if not filed with the Court) and indicate the disposition of each claim. If a claim has been rejected, the date of service of notice of rejection must be stated, as well as its disposition, whether by suit or otherwise. This information must be set forth in the petition for final distribution even though it may have been presented to the Court in whole or in part in prior accountings or petitions for distribution. B. Allegations Relating to Independent Acts. The petition for final distribution must list and describe all independent acts taken without prior Court approval and must contain an allegation that the notice period for the advice of proposed action was met or waived and that

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no objections were received. The originals of the advice of proposed action with attached declarations of mailing must be available but need not be filed with the Court. C. Allegations Relating to Character of Property. In all cases where the character of the property may affect distribution, whether the decedent died testate or intestate, the petition for distribution must contain an allegation as to the separate or community character of the property. D. Community and Quasi Community Property Elections. If a spousal election has been made, the date of the filing of the documents exercising such election and the nature of the election should be set forth in the petition. E. Change of Ownership. If real property is or was an asset of the estate, any petition for distribution of real property should allege that the change of ownership report was filed with the County Recorder or assessor of each county in which any real property included in the inventory is located. F. Payment of Taxes. The petition for final distribution must address the question of the source of the payment of the federal estate tax and California estate tax, if any. If the Will has a clause directing the payment of the taxes out of the residue of the estate, this should be alleged. If there is no tax clause or there is a tax clause which does not direct the source of payment, the amounts required to be prorated or charged must be stated. The final account must show the computation, and the order of final distribution must show the proration. G. Retention of a Reserve. The decree of final distribution must specifically set forth the use that may be made of retained funds (e.g. income taxes, closing costs, property tax reassessment, etc.). The reserve shall generally not exceed 10% of the assets on hand. The petition for final discharge must show the disposition of all amounts held in reserve and vouchers, if requested by the Court, must be filed for any distribution unless account is waived. [Rule 5.38 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 6.38 effective 1/1/22] 6.39 AGREEMENTS FOR DISTRIBUTION; ASSIGNMENTS; DISCLAIMERS A. Agreements. If the distributees agree to distribution in a manner other than that provided by the Will or by the laws of intestate succession, such agreement must be in writing, signed and acknowledged by all parties affected by the distribution, and filed in the probate proceeding. B. Assignments. The Probate Court will distribute directly to the assignee of an heir or devisee only when a duly acknowledged assignment is on file. C. Disclaimers. If a disclaimer has been filed, the Petition for Distribution should set forth the date of filing, the person disclaiming, the property of the estate affected, and the person or persons entitled to receive distribution of the property disclaimed. [Rule 5.39 adopted effective 5/1/98; renumbered as Rule 6.39 effective 1/1/22] 6.40 DISTRIBUTION TO PERSONS UNDER CONSERVATORSHIP OR GUARDIANSHIP The decree should provide for distribution of the property to the minor or the conservatee rather than to the guardian or conservator but must provide that actual payment or delivery be made to the guardian or conservator. [Rule 5.40 adopted effective 5/1/98; renumbered as Rule 6.40 effective 1/1/22]

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6.41 DISTRIBUTION TO MINORS A. Delivery to Parent. Where delivery of the assets is to be made to the minor's parent, the declaration by the parent complying with the provisions of Probate Code § 3401 must be on file before the hearing date. B. Depository. Where a depository is to be used, the receipt and agreement of the depository must be filed as required under Probate Code § 2328 and the decree of distribution shall so provide. The decree shall direct distribution of the minor's funds to a specific depository, including its location, in the name of the minor and shall state that the funds cannot be withdrawn without Court order. [Rule 5.41 adopted effective 5/1/98; renumbered as Rule 6.41 effective 1/1/22] 6.42 DISTRIBUTIONS TO TRUSTEES If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee. A written declination should be filed by or on behalf of the trustee who does not choose to act. The decree must contain the terms of the testamentary trust. [Rule 5.42 adopted effective 5/1/98; renumbered as Rule 6.42 effective 1/1/22] 6.43 DISTRIBUTION TO REPRESENTATIVE OF DECEASED HEIR OR BENEFICIARY When a beneficiary dies during the administration of an estate and survives any survival period stated in the Will, the decree should provide for distribution to the named personal representative of the estate of the beneficiary or where applicable, to the person(s) entitled thereto under Probate Code § 13100. Counsel must file a certified copy of Letters Testamentary or the original affidavit required by Probate Code § 13101 before the hearing date. [Rule 5.43 adopted effective 5/1/98; renumbered as Rule 6.43 effective 1/1/22] 6.44 DISTRIBUTION TO INTESTATE HEIRS Heirs who take by virtue of intestacy must be sufficiently described to permit the Court to determine if the laws of intestate succession have been properly applied. If an heir takes by right of representation, the Petition must indicate their parentage, and the approximate date of the parent's death. [Rule 5.44 adopted effective 5/1/98; renumbered as Rule 6.44 effective 1/1/22] 6.45 DISTRIBUTION TO "MISSING" HEIR When distribution is to be made to the State of California because there are no known heirs or there is an heir or devisee whose whereabouts is unknown, the notification requirements of the Probate Code must be followed. In addition, alternative distributees must be set forth. (Probate Code § 11603(c)) [Rule 5.45 adopted effective 5/1/98; amended 1/1/04; renumbered as Rule 6.45 effective 1/1/22] 6.46 INTEREST ON GENERAL PECUNIARY LEGACIES The Court will strictly enforce the policy regarding interest on general pecuniary legacies set forth in the Probate Code and will order payment of interest at the statutory rate on all general

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pecuniary bequests not paid within one year from the date of decedent's death unless payment of interest is waived in the Will. [Rule 5.46 adopted effective 5/1/98; renumbered as Rule 6.46 effective 1/1/22]

MISCELLANEOUS PETITIONS AND ORDERS 6.47 FAMILY ALLOWANCE A. Necessary Allegations of Petition. All petitions for family allowance must show that the allowance is necessary and reasonable, including: 1. The nature and separate and community character of the probate estate and whether or not it is solvent; 2. Whether others are entitled to family allowance; 3. The approximate needs of the applicant, with reference to his or her their standard of living; and 4. The applicant's income from other sources. 5. The petitioner shall file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150) B. Duration of Family Allowance. All orders will limit family allowance to a definite period of time. If the order is on an ex parte petition, family allowance will normally not be granted for a period exceeding six months. [Rule 5.47 adopted effective 5/1/98; amended 7/1/08; renumbered as Rule 6.47 effective 1/1/22; amended 1/1/25] 6.48 STATUS REPORTS The statutory requirements for filing of reports of status of administration of the estate are taken seriously by the Court. Attorneys failing to comply with the statutory requirements may expect to have their statutory compensation reduced. All reports of status of administration of the estate shall explain why the case has not been closed and state when the attorney expects to file a petition for final distribution. The Order must require the filing of an additional report of status of administration of estate on the date fixed for the Petition for Final Distribution if the petition is not to be filed by that date. [Rule 5.48 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 6.48 effective 1/1/22; amended 1/1/25] 6.49 OBTAINING FINAL DISCHARGE An Ex Parte Petition for Final Discharge and Order shall include a copy of the Judgment for Final Distribution and a receipt or other satisfactory evidence from each distributee. The receipt of distribution should match the distribution found on the Judgment for Final Distribution. The distribution of any reserve may be included on the primary receipt or may be filed as a separate receipt. The Court may excuse the filing of a receipt on a showing that the personal representative is unable, after reasonable effort, to obtain a receipt that the property has been delivered to or is in the possession of the distributee. In the case of real property, the personal representative shall file a statement that identifies the date and place or location of the recording of the judgment of final distribution or other appropriate recording information. If

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funds have been retained as a reserve, the application for final discharge shall contain the disposition of all funds and all receipts. The Court in its discretion may require a supplemental account for the reserve. [Rule 5.49 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 6.49 effective 1/1/22] 6.50 PROCEEDINGS TO ESTABLISH FACT OF DEATH A. Filing Under Decedent's Name. A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated. B. Separate Petition Preferred. Although the Probate Code authorizes a petition to establish the fact of death to be included in a verified petition for probate of Will or for Letters of Administration for convenience of administration, attorneys are encouraged to file a separate petition. C. Property Description. If real property is affected, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the verified petition must set forth the entire instrument vesting title, including the recordation data. If personal property is affected, the location and description of the property and the decedent's interest therein must be set forth with particularity. D. Death Certificate. A certified copy of the death certificate shall be filed with the petition. E. Attorneys' Fees. There is no provision in the Probate Code for allowance of set attorneys' fees in proceedings to establish the fact of death and the Court will not fix such fees. The attorney should make fee arrangements directly with the client. However, if a surviving joint tenant failed during their lifetime to establish the fact of death of a previously deceased joint tenant, compensation for extraordinary services may be awarded in the probate proceeding involving the surviving joint tenant for those services performed after the death of the surviving joint tenant. [Rule 5.50 adopted effective 5/1/98; renumbered as Rule 6.50 effective 1/1/22] 6.51 PETITION TO ESTABLISH IDENTITY OF HEIRS A Petition to Establish Identity of Heirs may be filed when title to real or personal property vests in heirs, heirs of the body, issue, or children of the decedent without other specific identification. Like the proceeding to establish death, only the fact of identity is determined, and the resulting judgment does not determine the legal right to the property involved. [Rule 5.51 adopted effective 5/1/98; renumbered as Rule 6.51 effective 1/1/22] 6.52 TRANSFER OF ESTATE PLANNING DOCUMENTS TO CLERK Only estate planning documents held by an attorney for safekeeping may be transferred to the Clerk of the Court under Probate Code § 732. Guidelines and the form to be presented to the Clerk (local form PR014) are available in the Clerk’s Office and online at www.marin.courts.ca.gov.

[Rule 5.52 adopted effective 1/1/14; renumbered as Rule 6.52 effective 1/1/22] GUARDIANSHIPS AND CONSERVATORSHIPS 6.53 TEMPORARY GUARDIANSHIPS AND CONSERVATORSHIPS

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A. Good Cause Required. A temporary guardianship or conservatorship will not be granted without a showing of good cause. The petition should set forth facts showing the emergency or urgent nature of the request. B. Hearings on Temporary Guardianship and Conservatorship Cases. All temporary guardianship and conservatorship cases will be calendared by the probate clerk three (3) weeks out. C. Bond. A full bond will normally be imposed upon a non-corporate temporary guardian or conservator of the estate; if a lesser amount is requested, good cause must be shown in the petition. D. Notice. Notice must be given to the persons listed in Probate Code §§ 1510, 1511, 1821 and 1822. If the petition requests that notice be dispensed with to any persons required to receive notice, the Judicial Council Form GC-112 must be filed with the petition for appointment of a temporary conservator. The fact that a proposed conservatee may not understand the proceeding or be unable to attend is not a reason for dispensing with notice. E. Powers of Temporary Guardians and Conservators. Temporary guardians or conservators have the same powers as permanent guardians or conservators with the following exceptions: 1. Sales. Temporary guardians or conservators may not sell any property including securities, vehicles, personal property, or real property. 2. Change of Residence Under a Temporary Conservatorship. a. Hearing. The court is required to hold a hearing within seven (7) days after a petition is filed. (Probate Code § 2253(c)). The proposed conservatee is required to attend the hearing unless he/she is unable or unwilling to attend the hearing and does not object. The proposed conservatee has the right to legal counsel, the right to confront any witnesses presented by or on behalf of the temporary conservator, and to present evidence on their own behalf. The court, in granting the petition, must make a finding that the change of residence is required to prevent irreparable harm and that no means less restrictive of the proposed conservatee’s liberty will be sufficient to prevent such harm. b. Order. The order shall specify the specific place where the placement is authorized. The court may not authorize removal from the state without an additional showing of necessity. A conservator who “willfully” removes a temporary conservatee from the state without a court order is guilty of a felony. (Probate Code § 2253(g)) c. Investigation by Court Investigator. If directed by the court, the Court Investigator does the following: (i) personally interview the proposed conservatee; (ii) inform the proposed conservatee about the proceedings and his/her their rights; (iii) determine if the proposed conservatee objects, wishes to exercis their legal rights, is able and willing to attend the hearing, if legal counsel should be appointed, and whether the change of residence is required to prevent irreparable harm and no less restrictive means will suffice to prevent harm. The Court Investigator’s report must be filed at least two (2) days before the hearing. The contents of the report must mirror the determinations above. (See Probate Code § 2253(b)(8))

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F. Special Powers. Good cause must be shown for special powers to be granted without a hearing. If special powers or other special orders are sought, they must be specified in the petition and supported by factual allegations. Specific written explanations must be submitted for each power requested under Probate Code § 2590. In any case involving a special medically related power, a physician's declaration should be presented with the petition. Except in cases of emergency, no power of sale of real property will be granted without a noticed hearing. G. Length of Appointment. A temporary conservator will be appointed only pending the hearing on the petition for appointment of the conservator. [Rule 5.53 adopted effective 5/1/98; amended 7/1/19; renumbered as rule 6.53 effective 1/1/22; amended 1/1/25] 6.54 GUARDIANSHIPS A. Notice of Petition for Appointment of Guardian. Notice of petition must comply with Probate Code §§ 1510-1511. Note that these sections require personal service on specified persons. In situations where an order dispensing with notice is sought on the ground that a relative within the second degree cannot be found with reasonable diligence and no other notice is required, the Court requires a declaration stating specifically what efforts were made to locate the relative. B. Proposed Ward's Appearance at Hearing for Appointment of Guardian. The requirement of an appearance is within the discretion of the Court and will be decided on an individual case basis. Where the proposed ward is the natural child of the proposed guardian of the estate, an appearance by the proposed ward is not required. C. Investigative Reports. Unless waived by the Court, an investigative report must be given to the Court prior to appointment of a guardian of the person and/or estate. 1. Non-Relative Petitioner. In all cases where a non-relative petitions to be appointed guardian, the Department of Social Services will perform an investigation and make a report to the Court prior to the hearing date. 2. Relative Petitioner. When the proposed guardian is a relative, the court investigator will interview all parties prior to the hearing and report to the Court. D. Required Documents. The following documents must be filed with the petition: 1. Guardian Information Form. The Court requires that a Guardianship Information Form (local form PR007) in support of the petition for guardianship of the person be filed with the petition by the proposed guardian. The Guardianship Information Form will become part of the confidential court file. The declaration shall include the following: a. The need for guardianship including the specific reasons why the parents are unable to care for the proposed ward, and whether they consent to the guardianship. b. A statement concerning the development of the minor, indicating with whom the minor has resided since birth, and any special emotional, psychological, educational, or physical needs of the minor and the guardian's ability to provide for such needs.

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c. Any arrest record of the guardian and each person who will reside in the guardian's home, including the nature of the offense, the date, place, and disposition. d. Any pending or prior proceedings in Juvenile Court involving the minor or any other persons who will be residing in the guardian's home including the date, place, and disposition. e. Any prior contact by the minor, the guardian, and any persons who will reside in the guardian's home with Child and Family Services of the Department of Social Services. f. A statement regarding the necessity for a visitation order. Any information regarding visitation orders which are currently in effect and any information concerning visitation issues between any of the parties. If visitation is an issue, a statement as to how often the parents visit. 2. Declaration Under UCCJEA. A declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) shall be filed with the petition and at any time there is a change of address of the ward. 3. Confidential Guardian Screening (Judicial Council Form GC-212). 4. Duties of Guardian and Viewing of Film. Before Letters of Guardianship are issued, each proposed guardian of the person or estate must sign and file the Duties of Guardian form (Judicial Council Form GC-248). The proposed guardian must also view the guardianship film, available on the Court’s website at www.marin.courts.ca.gov or shown in Room 116 and file the Declaration of Proposed Guardian’s Viewing of Film (Local Form FL033/PR033). E. Inventory and Appraisal. At the hearing to appoint a guardian of the estate, a compliance hearing will be set in approximately 120 days to ensure the Inventory and Appraisal (I&A) has been filed as required by law. If the I&A has been filed, bond is sufficient, receipts for blocked accounts have been filed, and the notice required by law has been provided, the hearing will be dropped. If the requirements of this rule and the law have not been met, an appearance by the attorney and the fiduciary will be required. F. Accounts and Reports. The report accompanying each accounting should contain a statement of the age, health, and whereabouts of the ward. In addition, the report should contain an allegation concerning the amount of bond currently in effect and should address the question of the adequacy thereof. 1 Conflicts of Interest. The report accompanying an account shall include a disclosure of any actual or potential conflicts of interest as required by law. If no disclosures are required, the guardian shall include an allegation that no disclosures are required pursuant to Probate Code §§ 2111.5, 2351(d), 2401(c), and 2403(c)(2). 2. Waivers of Accounts. Waivers of interim accounts will not be accepted. Waivers of final accounts on termination are not favored, and the Court may require the ward to be present at the hearing. G. Guardianship Status Report. A confidential guardianship status report is due annually on the Judicial Council form.

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H. Discharges. Discharge of the guardian will not be made in the order settling final account. A separate declaration for final discharge must be submitted, together with the receipt executed by the former ward and a copy of the order settling the final account and ordering delivery of the assets to the former ward. The declaration must state the date on which the ward reached majority. I. Current Address. All attorneys and guardians are required to keep the Court informed of their current addresses and phone numbers as well as the current address and phone number of the ward. J. Use of Minor's Assets for Support. In guardianship cases, if a minor has a living parent who receives or is entitled to support for the minor from another source, prior Court approval must be obtained before using guardianship assets for the minor's support, maintenance, or education. The petition must set forth the parents' financial inability or other circumstances which would justify use of the guardianship assets. Such petition may be included in a petition for the appointment of a guardian. An order granting the petition should normally be for a limited period of time, usually not to exceed 6 months, or for a specific and limited purpose. [Rule 5.55 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 6.55 effective 1/1/22; Rule 6.55 renumbered as 6.54 effective 7/1/24; amended 1/1/25] 6.55 ORDERS FOR WITHDRAWALS OF FUNDS IN BLOCKED ACCOUNTS Where withdrawal is sought because the minor has reached majority and the order establishing the blocked account is not self-executing, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal. The order must provide for the payment of the funds only to the former minor. Where withdrawal is sought prior to majority, the purpose of the withdrawal must be fully disclosed. Withdrawals are disfavored except in cases of medical emergencies or unusual needs which a parent is unable to meet. [Rule 5.56 adopted effective 5/1/98; amended 1/1/10; renumbered as Rule 6.56 effective 1/1/22; Rule 6.56 amended and renumbered as 6.55 effective 7/1/24; amended 1/1/25] 6.56 DISPOSITION OF MINOR'S FUNDS (PROBATE CODE § 3410) A. Contents of Petition. A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement of the reasons that the requested relief will best serve the interests of the minor. B. Order. Where the minor's funds are to be deposited in a blocked account, the order must provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified. The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds. The receipt must acknowledge that the funds may be withdrawn only on Court order. [Rule 5.57 adopted effective 5/1/98; renumbered as Rule 6.57 effective 1/1/22; Rule 6.57 renumbered as 6.56 effective 7/1/24; amended 1/1/25]

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6.57 CONSERVATORSHIPS A. Special Requirements. In all conservatorship proceedings: 1. Judicial Council Forms. Judicial Council forms designated as mandatory must be used and approved Judicial Council forms may be used. 2. Change of Address. Whenever the address of the conservatee is changed, the conservator must file a Pre-Move Notice of Change of Residence (Judicial Council Form GC-079) or a Post-Move Notice of Change of Residence (Judicial Council Form GC- 080) within the timeframe required by law. Any changes to the address or phone number of the conservator or attorney must be promptly filed with the Court. Copies of all changes of address or telephone number must be provided to the Court Investigator. B. Appointment of Conservator. 1. Order Appointing Court Investigator. An order appointing Court investigator must be signed and filed with the petition for appointment of conservator. 2. Confidential Supplemental Information. All petitions for conservatorship must be accompanied by the Judicial Council form Confidential Supplemental Information. 3. Confidential Conservator Screening (Judicial Council Form GC-314). 4. Handbook For Conservators. Before Letters of Conservatorship are issued, each conservator of the person or estate must obtain a copy of the “Handbook for Conservators” (available for download here: Handbook for Conservators (ca.gov)) and file the Duties of Conservator indicating receipt of the Handbook for Conservators. C. Additional Powers of Conservator. The Court may, on the petition of the conservator either at the time of appointment or later, grant additional powers to the conservator as authorized by the Probate Code. The Court does not favor the granting of Special Powers absent a showing of good cause. Any additional powers will be tailored to the specific circumstances of each case. Ordinarily, the Court will not grant the power to sell real property. D. No Attorneys' Fees in Order Appointing Conservator. The Court does not grant attorney fees in the Order Appointing Conservator. E. Doctor's Declaration. A doctor's declaration on the Judicial Council Form is required stating not only that the proposed conservatee suffers from a deficit, but how that deficit prevents the proposed conservatee from functioning. F. Professional Conservators. When seeking appointment, private professional conservators must include a statement that he/she is licensed under the Professional Fiduciaries Act of the Business and Professions Code, along with the license number and expiration date. All professional fiduciaries who are exempt from the definition of professional fiduciary under Business and Professions Code § 6501, or who are exempt from the licensing requirement of § 6530, must provide information about their exemption. G. Limited Conservatorships. Counsel or the self-represented petitioner should prepare an order appointing the Public Defender as counsel for the proposed conservatee. Counsel or the self-represented petitioner should prepare an order directing the Golden Gate Regional Center to prepare a report on the powers requested by the proposed limited conservator.

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H. Petition for Substituted Judgment. Prior Court approval is required for any action specified in Probate Code § 2580, et seq. The petition must comply with the requirements of Probate Code § 2583. If the petition requests authorization to establish a trust, the trust document must comply with the requirements of CRC 7.903. Ordinarily if the conservatee is unrepresented the Court will appoint counsel for the conservatee as Guardian Ad Litem from its Probate Panel for the limited purpose of reviewing the petition and representing the interests of the conservatee. I. General Plan and Determination of Conservatee’s Appropriate Level of Care. A General Plan for the care, custody and control of the conservatee must be filed within sixty (60) days of appointment of a conservator. The local General Plan form is available in the Clerk’s Office or online at www.marin.courts.ca.gov. The requirement of a General Plan is in addition to the requirement to prepare and file Judicial Council Form GC-355 Determination of Conservatee’s Appropriate Level of Care. [Rule 5.58 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 6.58 effective 1/1/22; Rule 6.58 amended and renumbered as 6.57 as of 7/1/24; amended 1/1/25] 6.58 NOTICE IN CONSERVATORSHIP PROCEEDINGS 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. Notice of hearing shall be given in accordance with the Probate Code. 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. This information should also be included in the petition for conservatorship. B. On Final Accounts. 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. If the personal representative is the same as the conservator, the devisees and heirs must be notified. 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. C. Exclusive Broker Listings. A petition for authorization to grant an exclusive listing will be considered ex parte, but only after prior authority to sell has been obtained on a noticed petition. The petitions may be combined as a noticed petition. All conservatorship sales will be subject to Court confirmation notwithstanding Probate Code provisions to the contrary. It is not the policy of the Court to grant a conservator special power of sale of real property in conservatorships. However, if granted, the conservator must notify the Court if the personal residence is to be sold and that the sale has been discussed with the conservatee. [Rule 5.59 adopted effective 5/1/98; renumbered as Rule 6.59 effective 1/1/22; Rule 6.59 renumbered as 6.58 effective 7/1/24; amended 1/1/25] 6.59 MEDICAL AUTHORIZATION FOR CONSERVATORS A. Medical Consent Authority. All conservators of the person have the power to consent to medical treatment of the conservatee so long as the conservatee does not object. In

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emergencies, the conservator may require the conservatee to receive medical treatment even though the conservatee does not consent. (Probate Code § 2354) B. Exclusive Medical Consent Authority. If the conservatee has been adjudicated to lack the capacity to give informed consent for medical treatment pursuant to the Probate Code, the conservator has the exclusive authority to give such consent and may give such consent over the objection of the conservatee. The Court does not favor the granting of such exclusive authority and absent the express agreement of the conservatee will require a showing in accordance with Probate Code § 812 that the conservatee lacks the capacity to give informed consent to any medical treatment. Such authority will only be granted if the following conditions are satisfied: 1 Court Investigator Report. It clearly appears from the Court file that a Court Investigator has advised the conservatee of the effect of granting such authority and of the conservatee's rights in regard to such request. 2. Physician's Declaration. A physician's declaration on the Judicial Council Form is filed stating a medical opinion that the proposed conservatee lacks the capacity to give informed consent to any medical treatment and that the proposed conservator should be granted the exclusive authority to give such consent and to consent over the objection of the proposed conservatee. Such declaration must state the factual basis for the opinion and the nature and extent of the physician's examination and investigation. Such declaration must also conform to the requirements of Probate Code § 812. 3. Conservatee Regains Capacity. If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition pursuant to the Probate Code to revoke any previous order granting the conservator exclusive authority to consent to medical treatment. [Rule 5.60 adopted effective 5/1/98; amended 1/1/06; renumbered as Rule 6.60 effective 1/1/22 Rule 6.60 renumbered as 6.59 effective 7/1/24] 6.60 ACCOUNTS AND REPORTS IN CONSERVATORSHIP PROCEEDINGS In addition to the requirements set forth in the Probate Code, counsel are reminded and further advised of the following: A. Inventory and Appraisal. The Inventory and Appraisal (I&A) is due ninety (90) days from appointment. B. Account and Report. The report accompanying an account shall include a disclosure of any actual or potential conflicts of interest as required by law. If no disclosures are required, the conservator shall include an allegation that no disclosures are required pursuant to Probate Code §§ 2111.5, 2351(d), 2359(c)(2), and 2403(c)(2). The account shall be filed within ten (10) weeks of the conclusion of the accounting period. C. Waivers of Account. Waivers of Account will be accepted in the Court's discretion only in the following instances: 1. When the proceeding is terminated by Court order and the conservatee thereafter waives an account; 2. When the proceeding is terminated by death of the conservatee and (a) there is no Will and a written waiver is obtained from all of the conservatee's heirs, or (b) there is a Will and a written waiver is obtained from the personal representative and the

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beneficiaries under the Will after the order admitting the Will has become final. Waivers will be accepted only from heirs or beneficiaries who are competent adults. D. Assessment Fees of Court Investigator. The fees of the court investigator must be paid before the accounting will be approved. A receipt for the fees should be on file. 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. [Rule 5.61 adopted effective 5/1/98; amended 7/1/13; renumbered as Rule 6.61 effective 1/1/22; Rule 6.61 renumbered as 6.60 effective 7/1/24; amended 1/1/25] 6.61 SALE OF RESIDENCE BY CONSERVATOR If the conservator petitions to sell the conservatee's residence, the petition must allege that the conservatee is unable to return to the residence or, if able, that the conservatee agrees to the sale, or that the sale is necessary to generate cash to support the conservatee. The petition shall include the information that the sale has been discussed with the conservatee pursuant to the Probate Code. The report shall include the responses of the conservatee. [Rule 5.62 adopted effective 5/1/98; renumbered as Rule 6.62 effective 1/1/22; Rule 6.62 renumbered as 6.61 effective 7/1/24; amended 1/1/25] 6.62 TERMINATION OF CONSERVATORSHIP A. Resignation of Conservator. Conservators who wish to resign must formally propose a competent successor and file a final accounting, subject to Court approval. B. Petitions for Appointment of Successor Conservator. Petitions for appointment of successor conservators must be accompanied by a completed Confidential Supplemental Information Form. C. Distribution of Assets. The order distributing assets must contain the name of the successor conservator, or, in the event the conservatee is deceased, the name of the personal representative and a list of the assets. [Rule 5.63 adopted effective 5/1/98; renumbered as Rule 6.63 effective 1/1/22; Rule 6.63 renumbered as 6.62 effective 7/1/24; amended 1/1/25] 6.63 COURT APPOINTED ATTORNEYS FOR (PROPOSED) CONSERVATEE When necessary, the Court will appoint an attorney to represent a (proposed) conservatee. Attorneys who wish to be considered for appointment may write a letter to the Probate Judge outlining experience and interests that are related to Probate Conservatorship law. Compensation for court appointed attorneys is set by the Probate Court. Compensation will be paid from the estate of the conservatee. If there is no estate or the estate qualifies as a small estate under Probate Code § 2628 then compensation will be paid by the Court. Upon appointment, attorneys will be furnished with a Court Order. Court appointed attorneys are expected to do the following: 1. Court Investigator. Remain in close communication with the Court Investigator. 2. Personal Visit. Personally visit the person they have been appointed to represent and to interview other individuals as the case may merit.

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3. Representation As To Conservatorship Only. Represent the (proposed)
conservatee only on the issue of conservatorship. Other legal work, such as wills,
real estate transactions, estate transactions, estate planning, tenant disputes, must be
approved separately by the Court.
4. Keep Court Informed. Inform the Court of the wishes, desires, concerns,
and objections, of the (proposed) conservatee.
5. Disclose Potential Conflicts of Interest. If the court appointed attorney
requests an independent professional fiduciary be appointed, court appointed counsel
must disclose if he or she currently represents that professional fiduciary in any other
proceeding. This disclosure must be in the form of a declaration filed with the Court. A
copy of the declaration must be mailed to persons entitled to notice of the proceedings.
6. Discharge. Court appointed attorneys are expected to request discharge from
the case at a time deemed appropriate by them and the Probate Court. At that time, the
court appointed attorney will petition for discharge and for compensation. A
declaration as to the nature and hours of work performed must be included with any
petition for compensation.

[Rule 5.64 adopted effective 5/1/98; amended 1/1/14; renumbered as Rule 6.64 effective 1/1/22; Rule 6.64 amended and renumbered 6.63 effective 7/1/24; amended 1/1/25]

TRUSTS 6.64 FILING OF ACTIONS CONCERNING TRUSTS Generally, an action between a trustee and a trust beneficiary should be filed in the Probate Court. A. Filed in Probate Court. In the following instances an action concerning a trust should be filed and placed on the probate calendar: 1. Petition is filed in an existing probate action; 2. Petition cites the Probate Code as cause of action; 3. Petition involves creditors' claims against the trust or involves the construction of trust or other internal matters of the trust. B. Filed as a Civil Action. In the following instances an action concerning a trust should be filed as a civil action. 1. Complaint is in an existing civil action; 2. Complaint cites a code other than the Probate Code. [Rule 5.65 adopted effective 5/1/98; renumbered as Rule 6.65 effective 1/1/22; Rule 6.65 renumbered as 6.64 effective 7/1/24] 6.65 NOTICE REQUIREMENTS CONCERNING TRUSTS A. Notice Generally. Trust matters brought under sections of the Probate Code applicable to trust (Probate Code §§ 15000-19403) require thirty (30) days’ notice. B. Notice to Trust Beneficiaries. If a personal representative presents an account or petition that affects the interest of a beneficiary of a trust and the representative is either named

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to act or is acting as the sole trustee, then the Court will require notice to beneficiaries as required by Probate Code § 1208. 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. This notice requirement applies to both testamentary trusts and pourover wills to an inter vivos trust. The Court requires that a copy of the trust document be lodged with the Court to verify the persons requiring notice or a declaration by the attorney be filed stating the trust beneficiaries entitled to notice. 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. [Rule 5.66 adopted effective 5/1/98; renumbered as Rule 6.66 effective 1/1/22; Rule 6.66 renumbered as 6.65 effective 7/1/24; amended 1/1/25] 6.66 PETITIONS FOR TRANSFER OF PROPERTY TO TRUST (“850 PETITIONS”) A. Notice Requirements. Petitions shall include an allegation of those entitled to notice. B. Proof of Ownership. If the assets to be transferred to the trust are not specifically identified in the estate planning documents, then the petition shall provide substantiation that the property was owned by the decedent. For transfer of real property, the deed showing ownership by the decedent must be provided. For accounts or investments, a statement by the financial institution identifying the account number and decedent’s name shall be provided. [Rule 5.67 adopted effective 7/1/10; renumbered as Rule 6.67 effective 1/1/22; Rule 6.67 renumbered as 6.66 effective 7/1/24; amended 1/1/25] 6.67 WAIVER OF ACCOUNT BY TRUSTEE A testamentary trustee who waives the accounting of the personal representative must have filed a consent to act as trustee. Even though there is a waiver of accounting by the trustee, if the net probate income is to be paid over by the trustee to trust beneficiaries, the net probate income must be specified. [Rule 5.68 adopted effective 5/1/98; renumbered as Rule 6.68 effective 1/1/22; Rule 6.68 renumbered as 6.67 effective 7/1/24] 6.68 TRUSTEE'S FIRST ACCOUNT The starting balance of a testamentary trustee's first account must conform to the trustee's receipt(s) filed on distribution of the assets of the decedent's probate estate. The petition for settlement of a trustee's account must include the names of beneficiaries and remainder persons and set forth the trust provisions for distribution of principal and income. [Rule 5.69 adopted effective 5/1/98; renumbered as Rule 6.69 effective 1/1/22; Rule 6.69 renumbered 6.68 effective 7/1/24] 6.69 DISTRIBUTIONS TO TESTAMENTARY TRUSTEE If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for distribution to the trustee. A written declination should be filed by or on behalf of the trustee who does not choose to act. The decree must contain the terms of the testamentary trust.

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[Rule 5.70 adopted effective 5/1/98; renumbered as Rule 6.70 effective 1/1/22; Rule 6.70 renumbered 6.69 effective 7/1/24] 6.70 SUBSTITUTED JUDGMENT If a trust is established pursuant to the substituted judgment statutes for a conservatee, the Court will require biennial accountings of all trust assets and the trust shall remain under the jurisdiction of the Probate Court. [Rule 5.71 adopted effective 5/1/98; renumbered as Rule 6.71 effective 1/1/22; Rule 6.71 renumbered as 6.70 effective 7/1/24] COMPENSATION 6.71 STATUTORY COMPENSATION IN DECEDENT'S ESTATE A. Calculation Must Be Shown. All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in accordance with CRC 7.705(a). B. Basis for Computing Statutory Compensation on Waiver of Accounting. As an alternative to basing statutory compensation on the inventory values alone, where the petition for final distribution so requests, the Court will allow such compensation to be based on the inventory values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly in the verified petition in accordance with CRC 7.705(b). C. Expenses of Tax Related Services, Accounting and Bookkeeping. The personal representative may employ tax counsel, tax auditors, accountants, or other tax experts for the preparation of tax returns and for other tax related services and pay from the funds of the estate for such services. The Court may deduct from the personal representative's statutory compensation any sums paid from estate funds for performance of the representative's ordinary duties such as ordinary accounting and bookkeeping services, including the preparation of schedules for court accountings. D. Executor/Attorney Compensation on Sale of Real Property. Where the attorney or personal representative is also a licensed real estate agent or broker, the attorney or personal representative may collect the statutory fee as well as the commission on the sale of real property subject to prior Court approval, however, no extraordinary fees shall be awarded. E. Reimbursement of Costs. 1. Allowed Reimbursements. Allowable reimbursement costs include: a. Court Clerk's fees; b. Newspaper publication fees; c. Surety bond premium; d. Appraisal fees. 2. Absorbed as Part of Fee. The following costs are absorbed as part of the fee: a. Photocopies and postage; b. Secretarial and word processing time; c. Paralegal time for ordinary services;

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d. Computer time; e. Local telephone calls; f. Local travel, mileage and parking. 3. Reimbursed Only in Court's Discretion. The following costs may be reimbursed in the Court's discretion: a. Substitutes for U.S. Postal Service (Federal Express, UPS, etc.); b. Long distance telephone; c. Long distance travel. [Rule 5.72 adopted effective 5/1/98; amended 1/1/14; renumbered as Rule 6.72 effective 1/1/22; Rule 6.72 renumbered 6.71 effective 7/1/24] 6.72 EXTRAORDINARY COMPENSATION IN DECEDENT'S ESTATES A. Factors. The following factors will guide the attorney and the Court in determining whether and in what amount attorneys' compensation for extraordinary services will be awarded: 1. The time required for the services. 2. Results obtained. 3. Benefits accruing to the estate and to beneficiaries. 4. Nature of services performed by personal representatives. 5. Amount of statutory compensation. B. Declaration. Requests for extraordinary attorneys' compensation must contain detailed descriptions of the work performed, the hours spent on the work performed, the average hourly rate requested, the total amount requested and special circumstances related to the request. The declaration should include a statement which sets forth the number of hours spent on ordinary services and the total dollar value of services performed for such services. C. Paralegal Services. Extraordinary attorney's services may include services of a paralegal acting under the direction and supervision of an attorney. The petition must set forth the hours spent, the qualifications of the paralegal, the work performed and the hourly rate. In addition, the petition should provide the court with assurance that the amount requested for extraordinary services of the attorney and paralegal combined do not exceed the amount appropriate if the attorney provided the services without the paralegal's assistance. D. Examples of Services. Compensation may be awarded for extraordinary services, including but not limited to the following: 1. Sales, leases, exchanges, financing, or foreclosure of real or personal property. 2. Contested or litigated claims against the estate. 3. Preparation of income, sales, withholding, gift or estate tax returns and handling of audits or litigation connected with tax liabilities. 4. Carrying on the decedent's business. 5. Will contest.

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E. Litigation Connected with Estate. Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate whether by the attorney for the representative or outside counsel should be requested in advance and will ordinarily be allowed upon a properly noticed petition estimating the cost of litigation. Upon proper showing the Court may authorize progress payments prior to completion. F. Proposed Order for Extraordinary Compensation in Decedent's Estates. When extraordinary compensation is requested, the amount requested should be inserted in the proposed order, even though the fees have not yet been allowed by the Court. If the Court allows a fee other than that requested, counsel may revise the order or have the Court change and initial the amount allowed. [Rule 5.73 adopted effective 5/1/98; amended 1/1/14; renumbered as Rule 6.73 effective 1/1/22; Rule 6.73 renumbered 6.72 effective 7/1/24] 6.73 PARTIAL ALLOWANCE OF COMPENSATION A. Statutory Compensation. Partial allowance of statutory compensation will not be allowed on account before the filing of an inventory or the time for creditors' claims has run. Such allowance will be made in accordance with the work actually performed, but where no accounting is filed, the allowance may not exceed 50% of the statutory compensation computed upon the total value appearing in the inventories filed to that time. Where an accounting is filed, the allowance may not exceed 75% of the statutory compensation so computed. B. Apportionment. Except in a case in which there is an agreement in writing on apportionment, where the personal representative has been represented by successive attorneys, compensation will not ordinarily be apportioned to a prior attorney for the personal representative until the final accounting has been approved. C. Extraordinary Compensation. Extraordinary compensation will be allowed before final distribution only when it appears likely that the estate will remain in probate for an unusually long time, whether due to litigation or other cause, or on a showing that present payment will benefit the beneficiaries of the estate. [Rule 5.74 adopted effective 5/1/98; renumbered as Rule 6.74 effective 1/1/22; Rule 6.74 renumbered 6.73 effective 7/1/24] 6.74 COMPENSATION FOR TRUSTEES AND THEIR ATTORNEYS A. Criteria. All requests for compensation for trustees and their attorneys shall be supported by a declaration that addresses the criteria set forth in Estate of Nazro (1971) 15 Cal.App.3d 218 [93 Cal.Rptr. 116] and CRC 7.776. Each request will be considered on its individual merits. The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this. Local forms, Attorney Fee Declaration (PR035) and Fiduciary Fee Declaration (PR036), are available in the Clerk’s Office or online at www.marin.courts.ca.gov. B. Compensation of Trustees. 1. Corporate Trustee - Percentage Guideline. Where a corporate trustee is actively managing an income producing trust, a reasonable fee should usually not exceed 8/10ths of 1% of the principal of the trust per annum at the carry value at the close of the accounting period. When all or a portion of the income-producing trust is actively managed real property, a fee of 1% of that portion of the carry value of the corpus

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attributable to the real property will normally be considered reasonable. Good cause must be shown to depart from the standard fee. [Corporate trustee includes only banks and financial institutions. All professional trustees must request fees under other sections of these rules.] 2. Noncorporate Trustee - Percentage Guidelines Normally Inapplicable. The noncorporate or individual trustee shall ordinarily be compensated on a quantum meruit basis according to work actually performed under the principles described above. The noncorporate trustee must submit an itemized fee declaration. If the compensation requested is at or above the level of a corporate trustee, it shall be the burden of the applicant to demonstrate the facts for justification; and in justifying guideline computations, the applicant shall include the cost of services of professional assistants including accountants, investment counselors, property managers and others. C. When Will or Trust Instrument Sets Trustee's Fees. If the will or trust instrument contains provisions for a trustee's compensation, the trustee is entitled to compensation as provided therein. On a proper showing, the Court may allow a greater compensation when (1) the trustee's services are substantially greater than those contemplated by the testator or settlor at the time the will was signed, or the trust was created, (2) the compensation provided in the will or trust is so unreasonably low that a competent trustee would not agree to administer the trust, or (3) there are extraordinary circumstances. D. Attorneys' Compensation. Attorneys' compensation is allowed according to the work actually performed and must be supported by a declaration under penalty of perjury. The declaration must include the average hourly rate, results accomplished, and benefit to the estate. Fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450. A local form, Attorney Fee Declaration (PR035), is available in the Clerk’s Office or online at www.marin.courts.ca.gov. The attorney may not charge for making entries on timesheets. The attorney may not charge the estate if required to clarify or explain billing entries to the Court. [Rule 5.75 adopted effective 5/1/98; amended 1/1/14; renumbered as Rule 6.75 effective 1/1/22; Rule 6.75 renumbered 6.74 effective 7/1/24] 6.75 COMPENSATION TO CONSERVATORS AND GUARDIANS AND THEIR ATTORNEYS A. Criteria. All requests for compensation shall be supported by a declaration that includes a discussion of the factors in CRC 7.756. Each request will be considered on its individual merits. The petitioner has the burden to show the fee requested is reasonable and timesheets alone are not sufficient to show this. Local forms, Attorney Fee Declaration (PR035) and Fiduciary Fee Declaration (PR036), are available in the Clerk’s Office or online at www.marin.courts.ca.gov. B. Expenses That May Not Be Reimbursed. Absent extraordinary circumstances, the fee request may not include expenses that are part of overhead such as clerical support, postage, photocopies, local mileage and parking, local telephone calls, or facsimile transmissions. C. Professional Licensed Fiduciary. Professional fiduciaries must submit requests for compensation in a manner that allows the Court to evaluate whether the fee requested is reasonable. The fiduciary must distinguish “routine, non-professional services” from those that

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require professional skill, experience, risk, and responsibility. “Routine, non-professional services” rendered by the fiduciary and his or her their staff include filing, opening mail, paying routine bills, picking up medications, banking, shopping, and accompanying conservatees to routine, non-medical appointments. Professional fiduciaries must disclose whether their fee request includes travel time. The fiduciary may not charge the estate for making entries on timesheets. The fiduciary may not charge the estate if required to clarify or explain billing entries to the Court. D. Corporate Conservator/Guardian – Percentage Guideline. Where a corporate conservator or guardian actively managing an income-producing estate asset seeks fees premised upon a fee schedule, the fiduciary must submit for court approval a declaration that sets forth the institution’s published fee schedule at the close of the accounting period, the compensation paid to the fiduciary, and the dates of such payment. The fair market value of the principal of the trust shall be the basis used to determine the fee request. [Corporate conservator or guardian includes only banks and financial institutions. All professional conservators and guardians and other conservators and guardians must request fees as outlined in rule 5.86.] E. Non-Professional Conservators/Guardians. Non-professional conservators and guardians must provide the basis for calculating the hourly rate requested. If the hourly rate is based on their employment and similar experience, they must clarify whether their duties required them to take time away from work or how their skills benefited the conservatee. If a non-professional conservator or guardian employs someone to assist with their duties, such employment and the fee arrangement must be disclosed. F. Attorneys’ Compensation. Attorneys’ compensation is allowed according to the work actually performed and must be supported by a declaration under penalty of perjury. The declaration must include the average hourly rate, results accomplished, and benefit to the conservatee or child under guardianship. Fees requested for time billed by a paralegal must be supported by the attorney’s declaration regarding the paralegal’s compliance with Business & Professions Code § 6450. A local form, Attorney Fee Declaration (PR035), is available in the Clerk’s Office or online at www.marin.courts.ca.gov. The attorney may not charge the estate for making entries on timesheets. The attorney may not charge the estate if required to clarify or explain billing entries to the Court. G. Compensation of Conservator or Conservator’s Attorney from Trust or Other Source. When a conservator is petitioning for fees, any compensation received or available from any collateral source, including a trust, must be disclosed. [Rule 5.76 adopted effective 1/1/17; renumbered as Rule 6.76 effective 1/1/22; Rule 6.76 renumbered as 6.75 effective 7/1/24] 6.76 PROCEDURE FOR OBTAINING COMPENSATION A. Form of Application for Compensation. An application for compensation may be included in a petition for settlement of account, in a petition for distribution, or in a separate petition. The application should request a specific amount and not merely "reasonable fees." Compensation should be requested for work performed and costs incurred during the period of the accounting.

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B. Notice. 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. C. Notice to Prior Representative or Attorney. 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. [Rule 5.77 adopted effective 1/1/14; amended 1/1/17; renumbered as Rule 6.77 effective 1/1/22; Rule 6.77 renumbered as 6.76 effective 7/1/24]

LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS 6.77 NOTICE OF EX PARTE APPLICATION FOR TEMPORARY CONSERVATORSHIP

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. [Rule 5.78 adopted effective 1/1/13; renumbered as Rule 6.78 effective 1/1/22; Rule 6.78 renumbered as 6.77 effective 7/1/24]

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7. FAMILY LAW RULES

ADMINISTRATION OF FAMILY LAW LITIGATION 7.1 CITATION These family law rules should be cited as "Marin County Rule, Family" or "MCR Fam" followed by the rule number (e.g., Marin County Rule, Family 7.1, or MCR Fam 7.1). For the purposes of these rules, “parties” means actual parties, counsel for parties and self-represented litigants. [Rule 6.1 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 7.1 effective 1/1/22] 7.2 APPLICATION OF RULES These rules are intended to supplement California law and Rules of Court, and to cover family law programs specific to Marin County. In the event of any inconsistency between these rules and any California statute or any of the rules in the California Rules of Court, the statewide statute and/or rule shall control. Family Law matters include all matters governed by the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction and Enforcement Act, and any other matters in which family law issues are present. [Rule 6.2 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.2 effective 1/1/22] 7.3 ASSIGNMENT TO JUDICIAL OFFICER All family law matters, with the exception of those in which the Department of Child Support Services (DCSS) appear, shall be assigned for all purposes (other than settlement conferences) to a Family Law Judicial Officer. In the absence of the assigned Judicial Officer, the case is temporarily reassigned by the Presiding Judge to another Judicial Officer hearing such family law cases. If a disqualification pursuant to Code of Civil Procedure § 170 et seq. is filed, the case may be temporarily reassigned by the Presiding Judge until the issue of disqualification is resolved. Matters in which DCSS appears will be assigned to the Child Support Commissioner for all appearances concerning child support so long as DCSS is appearing. Assignment of matters will be made at the time the petition or initial pleading or motion to modify is filed. [Rule 6.3 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.3 effective 1/1/22] 7.4 CONFORMED COPIES OF FILINGS The following applies to those who have been excused by the Court from E-filing (Parties should review MCR 1.51(B)(1), 1.51(B)(2)(d), 1.51(B)(3) and (4) to determine if they may be excused from E-filing). If a conformed copy is desired, an additional copy must be submitted. The Court will conform a maximum of two copies (or three copies if the case involves Department of Child Support Services) of any pleading at the time of filing. Parties requesting that the Court mail them conformed copies of their filings must provide a self- addressed stamped envelope of proper size and with sufficient postage. If eFiled, a conformed copy will be returned through EFSP. If filed in person, a conformed copy will be provided by mail. If no envelope is provided, the conformed copy will be placed in the Will Call cabinet in the Clerk’s Office in Room 113 for a maximum of sixty (60) calendar days. If the envelope

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provided or the postage is insufficient to mail the conformed copy, it will be placed in the Will Call cabinet for a maximum of sixty (60) calendar days. [Rule 6.4 adopted effective 5/1/98; amended and renumbered as Rule 7.4 effective 1/1/22; amended 7/1/24] 7.5 FAMILY CENTERED CASE RESOLUTION A. Policy and Effective Date. It is the Court’s policy to benefit the parties by providing judicial assistance and management to the parties for the purpose of expediting the processing of the case, reducing the expense of litigation, and focusing on early settlement. This rule applies to all actions for marital dissolution (except summary dissolution), nullity, legal separation, domestic partnership dissolution, establishment of parental relationship, and such other cases assigned to the program by the Supervising Family Law Judge filed after January 1, 2012. B. Forms to be Issued by Clerk Upon Filing of Petition. Upon the filing of a petition in a family law action, the petitioner shall receive the following from the Clerk: 1. Notice of Case Assignment 2. Notice of Case Progress Conference. C. Service of Summons and Petition - Forms to be Served on Other Party. The petitioner shall serve the following documents on the opposing party: 1. Summons, Petition, and petitioner’s completed Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 2. Blank form of Response 3. Blank Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (if applicable) 4. Notice of Case Assignment 5. Notice of Case Progress Conference D. Case Progress Conferences. 1. Calendar. The first Case Progress Conference shall be set 120 days after the filing of the Petition. 2. Effect of submission of judgment packet on pending Case Progress Conference. A pending Case Progress Conference shall be dropped from the calendar if a judgment resolving all issues has been submitted before the date of the Case Progress Conference. The Court may set a subsequent Case Progress Conference, with notice to the parties, if the judgment contains deficiencies or defects. 3. Service of Case Progress Questionnaire. Each party must file and serve a Case Progress Conference Questionnaire at least five (5) court days prior to each Case Progress Conference. The Case Progress Conference Questionnaire is a local form (FL003) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. 4. Continuances of Case Progress Conference. The Court allows the parties one stipulated continuance of the first Case Progress Conference up to 150 days at no charge. Prior to the court date, the parties shall file a Stipulation & Order to Continue Case

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Progress Conference, which is a local form (FL007) available in the Clerk’s Office, at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. The Court will require parties to pay the applicable filing fees for any further stipulations to continue Case Progress Conferences. 5. Purpose. At the Case Progress Conference, the Court will review the status of the case, determine whether the parties have filed proof of service of their preliminary declaration of disclosure as required by Family Code § 2104, and discuss discovery plans, settlement options, alternative dispute resolution, and unresolved issues. The Court may make orders as authorized by Family Code §§ 2450 and 2451. 6. Appearance Mandatory. Appearance at the Case Progress Conference, either by counsel or, if the party is self-represented, the party is mandatory. The case is subject to dismissal if both parties fail to appear at the Case Progress Conference on multiple occasions. (Code of Civil Procedure § 575.2(a).) [Rule 6.5 adopted effective 1/1/06; amended 1/1/20; renumbered as Rule 7.5 effective 1/1/22; amended 7/1/24] 7.6 EX PARTE MATTERS AND ORDERS A. Ex Parte Applications. All ex parte applications shall be made to the assigned judicial officer unless that judicial officer is unavailable. All applications for ex parte relief will be heard in the assigned family law department at that department’s calendar start time, Monday through Friday. Ex parte matters involving the Department of Child Support Services (DCSS) will be heard at the beginning of the regularly scheduled DCSS calendar. The ex parte procedure shall be used only in emergencies. At the time of the hearing parties should be prepared to make a showing justifying their emergency to proceed ex parte. The ex parte application shall be filed, and the filing fee (or Application and Order for Fee Waiver) shall be paid to the Clerk’s Office prior to the hearing in a department. B. Conditions for Issuance of Ex Parte Orders. Before submitting ex parte applications, parties shall comply where applicable with Family Code §§ 2045, 3060-3064, and CRC 5.151 et seq., including all requirements for a declaration setting forth that notice to the other party has been given or, alternatively, the reason notice has not been given. A party seeking an ex parte order shall, complete and file Judicial Council form FL-303, which is available at Legal Self Help Center or online at Legal Self-Help Center | Superior Court of California | County of Marin and attach to the application a conformed copy of any prior order(s) which the applicant seeks to enforce or modify 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. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made. Any attorney or party requesting an ex parte order is required to deliver all documents required pursuant to California Rule of Court 3.1201 and/or 5.151 to the court by no later than 10:00 a.m. the day before the hearing. Delivery shall be through eFiling if an attorney, or through eFiling, mail, or in person in room 113 if the party is a self-represented litigant. All required documents shall be served on the opposing party/attorney at the first reasonable opportunity before the hearing. C. Orders Shortening Time. If an order shortening time for the hearing and/or service is requested, the supporting declaration shall state whether the responding party has been contacted and has agreed to the date and time proposed for the hearing and/or service. If the

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responding party has not been contacted or has not agreed to the proposed setting, the supporting declaration shall clearly demonstrate why the hearing and/or service should be set on the proposed date without the consent of the responding party. Provision for immediate delivery of the pleading to responding party should be set forth in the order. [Rule 6.6 adopted effective 5/1/98; amended and renumbered as Rule 7.6 effective 1/1/22; amended 7/1/24; amended 7/1/26] 7.7 SPECIAL PROCEDURES FOR RESTRAINING ORDERS AND INJUNCTIVE RELIEF PERTAINING TO DOMESTIC VIOLENCE (FAMILY CODE §§ 6200-6389) Applicants for protective orders under Family Code § 6200 et seq. (Domestic Violence Prevention Act) shall file their request for restraining order in any existing or concurrently filed Family Law/Parentage action rather than file a new case. There is no filing fee for domestic violence restraining orders. A party seeking the protection of a court restraining order may obtain the necessary forms and information about how to file for a temporary restraining order at Legal Self Help Center (Room C-44). The Legal Self Help Center also has instruction pamphlets and referrals to agencies that may assist with filling out the forms. An applicant for a domestic violence restraining order must submit a Request for Domestic Violence Restraining Order (DV-100), Temporary Restraining Order (DV-110), Notice of Court Hearing (DV-109), Confidential Information for Law Enforcement (CLETS- 001), and Restraining Order After Hearing (DV-130) and (if counsel) file it electronically or (if a self-represented litigant who does not wish to file electronically) give it to the clerk in room 113 before 10:30 a.m., Monday through Friday. (An applicant may need additional forms if the applicant has children with the proposed restrained party or seeks an order to transfer a wireless telephone account.) The clerk will give the completed forms to a Judicial Officer to review. The applicant may pick up the temporary restraining order documents at the Clerk’s Office after 3:00 p.m or view them through ePortal (if self-represented). The clerk will set a date for the hearing. If the applicant for a domestic violence restraining order seeks to modify an existing order regarding custody and/or visitation, in a separate supporting declaration, the applicant should explain why ex parte notice of the request was not given to the proposed restrained party. A. Remote Appearances in Domestic Violence Restraining Order Hearings. Pursuant to California Family Code Section 6308, a party may appear remotely at a hearing on a petition for a domestic violence restraining order. Instructions and procedures for remote appearances in such cases can be found on the Court’s website at: www.marin.courts.ca.gov. B. Termination or Modification of a Domestic Violence Restraining Order. If the applicant seeks a termination or a modification of an existing restraining order or orders under an existing restraining order, prior to the expiration date on the restraining order the applicant shall submit a Request to Change or End Restraining Order (DV-300), Notice of Court Hearing and Temporary Order to Change or End a Restraining Order (DV-310), and a proposed Order on Request to Change or End Restraining Order (DV-330) and a proposed amended Restraining Order After Hearing (DV-130) and any attachments. See DV-300 and DV-300- INFO for additional information.

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If the applicant seeks a modification of a custody or visitation order under a restraining

order the applicant shall submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request to Change or End Restraining Order (DV-300). The Family Court Services Intake Sheet (FL016) is a Local Form available in the Clerk’s Office, at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. The hearing shall be set on the Law and Motion calendars and subject to those rules. See MCRs 7.8-7.14. All other hearings shall be set on the Domestic Violence calendar of the Judge to whom the case is assigned.

There shall be no filing fee.

[Rule 6.7 adopted effective 5/1/98; amended and renumbered as Rule 7.7 effective 1/1/22; amended 7/1/24, amended 7/1/25, amended 1/1/26]

LAW AND MOTION AND REQUEST FOR ORDER PROCEEDINGS 7.8 FORMAT OF SUPPORTING DOCUMENTS AND EXHIBITS A. Minimize Number of Attachments. The Court discourages the practice of attaching voluminous and numerous exhibits to declarations and points and authorities used in Law and Motion or Request for Order proceedings. Quote the applicable portion of a document, correspondence, deposition, or pleading, at the appropriate point in a declaration or points and authorities rather than use an attachment. B. Discovery Motions. See MCR 7.15. C. Discovery Exhibits. See MCR 7.15 D. Prior Court Order. Where a prior order of the Court is relevant, a reference should be made to the date the order was filed and the pertinent language of the order (or a summary if not in dispute).A copy shall not be attached E. Attachment of Previously Filed Documents. Parties shall not attach previously filed documents to a pleading, pending motion or request for order. If a litigant wants to ensure that the court was able to locate a previously filed document, that person may reference to the date the document was filed and the pertinent language of the document (or a summary if not in dispute) F. Address Verification in Post-Judgment Proceedings. In all post-judgment proceedings, parties must submit an Address Verification Declaration for Post-Judgment Request for Order. For custody/visitation or child support, parties shall use FL-334. The Address Verification Declaration to be used for matters other than those related to minor children is Local Form (FL070) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin [Rule 6.8 adopted effective 5/1/98; amended and renumbered as Rule 7.8 effective 1/1/22; amended 7/1/24; amended 7/1/26] 7.9 HEARING DATES The Clerk’s Office will assign all motion and request for order hearing dates at the time the motion or request for order is filed unless otherwise ordered by the Court. Parties cannot reserve dates or obtain them over the telephone. [Rule 6.9 adopted effective 7/1/14; amended 7/1/15; renumbered as Rule 7.9 effective 1/1/22]

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7.10 CONTINUANCES After service, three continuances, by agreement, may be obtained through the Clerk’s Office no later than 4:00 p.m., three (3) court days before the hearing date, and paying the continuance fee, regardless of whether a response has been filed. A Stipulation and Order must be sent by the party requesting the continuance to the Clerk with a copy to the opposing party. Additional continuances, or continuances within three (3) court days of the hearing date, may not be by stipulation but only by order of the Court upon a showing of good cause. [Rule 6.10 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 7.10 effective 1/1/22; amended 7/1/24] 7.11 REMOVING MATTERS FROM CALENDAR A matter with opposition on file may be taken off calendar only by agreement. An unopposed matter may be taken off calendar unilaterally by the moving party. The parties, their attorneys, or their authorized representatives shall so notify the Clerk’s Office in writing, no later than noon on the date the tentative ruling is to be released; otherwise, a tentative ruling will be issued. This notification shall be a written transmittal and shall be signed by the party and/or the attorney confirming that the matter is to be taken off calendar. [Rule 6.11 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 7.11 effective 1/1/22; amended 7/1/24] 7.12 HEARINGS A. Tentative Rulings. Marin County utilizes a tentative ruling system pursuant to CRC 3.1308 for family law cases set for hearing on the Law and Motion and Request for Order Calendar. The moving party in any family law matter shall attach to any Order to Show Cause or Request for Order the Notice to Parties in Family Law Matters, a Local Form (FL008) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin, concerning the availability of tentative rulings by email. The moving party’s proof of service shall indicate that this notice has been served or the hearing may be continued on the Court’s own motion or on request of the party aggrieved by the non-compliance. B. Obtaining Tentative Rulings. Parties shall obtain tentative rulings online at Tentative Rulings | Marin County Superior Court (ca.gov) or by calling (415) 444-7260 from 2:00 to 4:00 p.m. on the court day preceding the scheduled hearing. Family law cases that are designated as confidential by California law will not be posted online. Tentative rulings in those matters may be obtained by telephone from the judicial secretary at (415) 444-7260. Confidential cases include matters involving unmarried parents filed prior to 2023,cases involving reproductive assistance, cases involving Special Immigrant Juvenile Status. C. Oral Argument. 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.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling will become the order of the Court. D. Length of Hearings. Non-evidentiary hearings on the Law and Motion and Request for Order Calendar are limited to a maximum of 20 minutes.

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[Rule 6.12 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.12 effective 1/1/22; amended 7/1/24; amended 7/1/26] 7.13 FINANCIAL INFORMATION TO BE PROVIDED TO THE COURT A. Income and Expense Declaration With Supporting Documentation. A current completed Income and Expense Declaration shall be filed by each party with their moving or responsive papers in all proceedings involving requests for child support, spousal support, attorney’s fees, or other financial relief. B. Full Financial Disclosure. A completed Income and Expense Declaration shall include all facts relevant to the parties' employment status, income, living arrangements, and payment of household expenses. Those facts include but are not necessarily limited to: 1. Commission, bonuses and overtime, with 2-year history and amounts. 2. All employment benefits, whether in cash or in kind, with 2-year history and amounts. 3. If depreciation has been claimed as a deduction or reduction of income, it must be explained and justified. Ordinarily, depreciation will be disregarded as a non- cash item. 4. If annual income fluctuates, an income history of not less than 2 years, and description of the method used to calculate monthly income. 5. The identity of each income producing household member, the relationship of each to the party, gross and net income, contributions to household expenses, and financial arrangements, if any, between each household member and the party. 6. If a party is unemployed, an explanation must be provided. If relevant, a description of the party's most recent employment, reason for and verification of termination, gross and net income prior to termination, and a description of all efforts to seek employment since termination, if any, shall be set forth. If a party is disabled, retired or incarcerated, all pertinent facts shall be set forth. C. Required Supplemental Documentation. 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. These materials shall be served and lodged no later than the dates by which the parties' moving or responsive pleadings are due. All materials lodged under seal pursuant to this Rule may be returned upon request to the party submitting same at the conclusion of the hearing unless ordered to be retained by the Court. Such records are confidential and may not be used for purposes other than court proceedings. Such materials

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will be destroyed by the Court within a reasonable time after the hearing unless the submitting party requests their return. D. Support Calculations. In all matters where child or temporary spousal support is an issue, a support calculation and explanatory declaration shall be filed, setting forth the assumptions and calculations utilized by that party to determine gross and net income figures, the amounts of child and spousal support calculated pursuant to current state law and/or guidelines, and any other assumptions used in calculating the support, including time-share, tax filing status, etc. If it is contended by either party that the guideline or presumed level of support is inappropriate, that party's declaration shall set forth their calculation of the amount alleged to be proper and the reasons therefor. Such declaration shall include all reasons or justifications urged by the party for varying from the guideline support levels. Further: 1. The responding party's calculations/declaration shall be filed and served with the response. 2. The moving party's calculations/declaration shall be filed and served with the reply. 3. The support calculations and explanatory declarations shall be signed by the party or heir attorney.. The Family Law Facilitator is available to assist self-represented parties in preparing child and/or spousal support calculations. [Rule 6.13 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.13 effective 1/1/22; amended 7/1/24] 7.14 CHILD AND SPOUSAL SUPPORT PROCEEDINGS A. Computer Software Use. All family law departments except DCSS use Xspouse or Family Law Software program to calculate guideline child support and temporary spousal support. DCSS uses the California Guideline Child Support Calculator to calculate guideline child support and temporary spousal support. DCSS also uses Xspouse or Family Law Software program to prepare bonus support schedules when needed. B. Temporary Spousal Support. The following presumptions for temporary spousal support will apply: 1. In cases where the recipient of spousal support is not receiving child support from the same payor, the presumed temporary spousal support will be 40% of the net income of the payor less 50% of the net income of the payee. 2. In cases where the recipient of spousal support is also the recipient of child support from the same payor, the presumed temporary spousal support will be 35% of the net income of the payor (after deduction of child support), less 45% of the net income of the payee (without addition of child support). The Court may deviate from the presumed level of temporary spousal support, in its discretion, for good cause shown. C. Calculation of Time-Share With Children. For purposes of determining the time- share factor for calculation of child support, the Court may use the following guidelines:

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1. Full weekend = End of school Friday to beginning of school Monday =

Three (3) days. 2. Short weekend = Dinner time Friday to dinner time Sunday = Two (2) days. 3. One evening per week = After school to after dinner = One-half (1/2) day. 4. One night per week = After school overnight = One (1) day. 5. Summer = Ten (10) weeks = Seventy (70) days. 6. Holidays: a. Christmas school vacation = Fourteen (14) days. b. Thanksgiving = Seven (7) days. c. Mid-Winter, Spring or Easter break = Seven (7) days. d. Other holidays: Normally includes Martin Luther King, Jr. Day, President's Day, Memorial Day, Mother's Day, Father's Day, Independence Day, Labor Day, Veteran's Day. Each equals one (1) day.

The Court strongly discourages the counting of hours in determining time-share. By way of example, the Court will presume the following time-share percentages for the following scenarios: - Alternating full weekends = 78 days = 20% - Alternating short weekends = 52 days = 15% - Alternating full weekend + one month in summer = 78 + 24 = 102 days = 30% - One full weekend per month = 10% - Three days per week = 45% - Four days per week = 55% The Court may vary from these time-share guidelines in its discretion for good cause shown. D. Modification. Every motion to modify child or spousal support shall include a declaration setting forth the following: 1. The date of the prior order. 2. The amount of the prior order. 3. Each party's gross and net incomes at the time of the prior order and the findings on which the prior order was based. 4. A specification of the substantial change in circumstances since the last order. [Rule 6.14 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.14 effective 1/1/22, amended 7/1/25]

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DISCOVERY MATTERS 7.15 GENERAL DISCOVERY PROVISIONS A. Policy Regarding One Deposition Rule. The Court construes the one deposition rule of Code of Civil Procedure § 2025.610 as permitting the taking of a bifurcated deposition. For example, a party may be required to appear for a deposition concerning the limited issues raised by an application for temporary relief and thereafter to submit to further deposition on other issues. Where issues in a particular case have been ordered bifurcated, the deposition of a party also may be bifurcated and separate depositions taken which are limited to those issues to be addressed in each stage of the bifurcated proceeding. Parties electing to conduct a bifurcated deposition under this rule shall, in the deposition notice, conspicuously state such election and clearly specify the issue(s) to be addressed at the bifurcated deposition. B. Discovery Motions. All motions or requests for order pursuant to The Civil Discovery Act (Code of Civil Procedure §§ 2016.010-2036.050) presented for filing must state “Discovery Motion” on the caption page. C. Discovery Review. A party relying on discovery materials such as interrogatory answers, deposition testimony, or responses to requests for admissions shall properly authenticate such evidence. Any exhibits should be limited to those questions and answers, testimony and/or responses relevant to the issues presented. Unless the party filing the exhibits has been excused by the court from E-filing (see MCR 7 Fam 7.4) each exhibit must be bookmarked. Deposition testimony must be preceded by the title page of the transcript indicating the name of the deponent and the date of deposition; only relevant pages of the transcript shall be included. The original page numbers of the deposition must be clearly visible, and the material portions of the deposition testimony shall be highlighted. [Rule 6.15 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 7.15 effective 1/1/22: amended 7/1/24] 7.16 DISCOVERY FACILITATOR PROGRAM A. Participation in the Discovery Facilitator Program. Parties to a dispute regarding discovery in a family law case may participate in the Discovery Facilitator Program by stipulation or shall be referred to the Program by order of the Court. 1. Before the Filing of a Discovery Motion. The parties may request referral to the Program, before the filing of a discovery motion, by filing a stipulation for such a referral with the Court. The filing of such stipulation will toll the time for filing a motion to compel discovery of the disputed issues until notice of resolution of the discovery dispute is filed with the Court. 2. Upon the Filing of a Discovery Motion. Upon the filing of any Request for Order (RFO) or Motion to Compel Discovery, the RFO or Motion will be immediately referred to the Discovery Facilitator Program. B. Discovery Motions. All discovery motions shall be clearly labeled as such in the caption of the pleading. C. Discovery Facilitator Panel. A list of qualified Discovery Facilitators shall be maintained in the Court. Each panelist on the list must be an active member of the State Bar licensed for at least 10 years or a retired judge.

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D. Selection of a Discovery Facilitator. The Discovery Facilitator shall be selected as follows: 1. The ADR Coordinator shall select, at random, a number of names from the panel of qualified Discovery Facilitators equal to the number of sides plus one, and shall prepare a list of the names of the randomly selected Discovery Facilitators. 2. Upon agreement on the selection of a Discovery Facilitator the ADR Coordinator shall be notified of such agreement within ten (10) calendar days following the date of the stipulation or order. If the parties cannot agree on a Facilitator, then within such 10 calendar day period, each side shall submit a written rejection to the ADR Coordinator identifying no more than one name on the list of potential Facilitators that is not accepted. 3. Promptly on the expiration of the 10 calendar day period, the ADR Coordinator shall appoint one of the persons on the list who was either agreed upon or whose name was not rejected to serve as Discovery Facilitator. 4. The ADR Coordinator shall promptly assign the case to the Discovery Facilitator and shall serve the “Notice of Appointment of Discovery Facilitator” on all parties and on the Discovery Facilitator. Upon receipt of the “Notice of Appointment of Discovery Facilitator,” the parties shall promptly deliver to the Discovery Facilitator copies of such pleadings and discovery as is necessary to facilitate resolution of the dispute. E. Facilitator Process. The Discovery Facilitator shall establish the procedures in each case to be utilized by the parties, through telephone conferences, exchange(s) of letters or emails and/or in-person conferences, for discussion and attempted resolution of the discovery dispute. F. Compensation. Beginning from the time the Discovery Facilitator receives notice from the parties or the Court of their appointment, the Discovery Facilitator shall devote up to two (2) hours, without charge to any of the parties, in an attempt to facilitate resolution of the discovery dispute. In the event a resolution cannot be achieved within that period of time, the parties may agree to continue to confer with the Discovery Facilitator, provided that agreement is reached between and among the parties and the Discovery Facilitator as to compensation of the Discovery Facilitator. G. Resolution. If a discovery motion or request for order is pending and resolution of the discovery dispute is achieved, no later than five (5) calendar days before the scheduled law and motion hearing date the motion shall be withdrawn by the moving party and dropped from calendar. H. Declaration of Non-Resolution. 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. The caption of the Declaration of Non-Resolution shall include the name of the motion and the date of the hearing. If the Declaration of Non-Resolution is not filed prior to the hearing date, the Court will presume the discovery issues are resolved and drop the hearing from calendar.

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[Rule 6.16 adopted effective 7/1/15; amended 7/1/17; renumbered as Rule 7.16 effective1/1/22; amended 7/1/26] CHILD CUSTODY/VISITATION 7.17 PROCEDURES A. Initial Child Custody Recommending Counseling. Marin County is a recommending County (Family Code § 3183). Any Request for Order for custody/visitation filed with a Family Court Services Intake Sheet will be referred, through the Clerk’s Office, to Family Court Services of the Marin County Superior Court for orientation and child custody recommending counseling (hereinafter “CCR counseling”). CCR counseling is an opportunity for parents to work with a child custody recommending counselor, either together or separately, in order to create a detailed agreement that suits their children’s specific needs. This agreement will be signed by a judicial officer and become the custody order. Absent an agreement between the parties, the CCR counselor will make a written recommendation for an order of custody and visitation. Such report will be available to each party prior to the hearing. As to the CCR counseling process, the parties are referred to the Child Custody Recommending Counseling Orientation Booklet available through Family Court Services or online at Family Court Services

| Superior Court of California | County of Marin . 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. B. Existence of Criminal Protective Order. When issuing child custody or visitation orders, the family court will make reasonable efforts to determine whether there exists a criminal protective order and/or domestic violence restraining order that involves any party to the action. C. Documents Provided to the CCR Counselor. Parties shall not submit original documents (e.g., school records, medical records, etc.) to the CCR Counselor. If parties wish to provide documents to the CCR Counselor to be considered in the CCR Counselor’s report and recommendations to the Court, the parties shall provide copies of these documents to the CCR Counselor. The CCR Counselor will not return any such documents to the parties following submittal of the report and recommendations or at any later 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. D. Contact With Family Court Services. Ex parte communication in child custody proceedings is governed by Family Code § 216 and CRC 5.235. 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. E. Statement of Agreement/Disagreement with FCS Recommendations. 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. F. Settlement Conferences. Upon the request of either party, or on the Court’s own motion, the Court may set a contested custody/visitation matter for a settlement conference. Both parties are required to appear in person or by remote appearance as determined by the 102 Family Law Rules 7/1/26

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Judicial Officer at the settlement conference and to appear with counsel if they are represented. The Court may, in its discretion, appoint a panel to assist the Court and the parties at the settlement conference. The panel may include attorneys, mediators, and/or mental health professionals. Experience requirements for panelists may be obtained from the Court’s Alternative Dispute Resolution Coordinator (415-444-7049) or from the Court’s website. Any such panelists will be appointed to serve as the Court’s own expert pursuant to Evidence Code § 730, and the Court may find good cause to permit the panelists to review Family Court Services’ recommendations and other confidential information in the file, pursuant to Family Code § 3025.5. G. Required Local Forms. The moving party requesting a custody/visitation order or a modification to a custody/visitation order shall attach to any Request for Order, the “Family Court Services Child Custody Recommending Counseling Program” form, (Local Form FL005) which is available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. The moving party’s proof of service shall indicate that this notice has been served. Petitioners and Respondents with minor children who are referred to Family Court Services for custody and visitation matters are required to submit a fully completed FCS Intake Sheet to the Court at the time of filing the Request for Order. The Family Court Services Intake Sheet (FL016) is a Local Form available in the Clerk’s Office, at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. H. Interview of Child and Child in Court. 1. Counsel (except for court-appointed counsel for a child(ren)) are prohibited from interviewing children for any purpose whatsoever. 2. The CCR counselor may interview the child as determined by the Judicial Officer or CCR. 3. Within the guidelines and provisions of Family Code § 3042 and CRC 5.250, it is the policy of the Court not to have any child in the courtroom or at any Court proceedings without the Court's prior consent. Children shall remain in the corridor outside of the courtroom or elsewhere in the courthouse in the care of a responsible adult, if for unavoidable reasons they must be brought to court. If the parties appear remotely the same rule applies; the children shall not be present or be able to see or hear the hearing. I. Child Endangerment. If, during CCR counseling, a concern arises about a child's immediate well-being (serious abuse, neglect or endangerment), the CCR counselor shall refer the case to Child and Family Services (CFS) for investigation and notify the parties, counsel, and Court by written memorandum. CCR counseling shall be stayed during the investigation by CFS. The CCR counselor will notify the Court, continue to monitor the case and shall resume CCR counseling upon being notified by CFS of the conclusion of the investigation. J. CCR Counselor Recommendations and Testimony. 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. K. CCR Counselor Complaint Procedure. The procedure for processing a complaint concerning a Family Court Services CCR counselor shall be as follows:

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1. The complainant must register the complaint in writing with the manager of Family Court Services, who will make a record of the complaint. 2. The manager will conduct an investigation of the matter including consultation with the CCR counselor. Within fifteen (15) days, the manager will determine whether to replace the challenged CCR counselor, add a second CCR counselor to the case, or take no action. The date and action will be recorded by the manager and the complainant will be informed promptly in writing. 3. The complainant may appeal the manager’s action by a Request for Order (FL-300) to the Judicial Officer of the Unified Family Court to whom the case is assigned for all purposes. The Judicial Officer will rule on the complaint within fifteen (15) days of the date of the hearing.

[Rule 6.17 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.17 effective 1/1/22; amended 7/1/24; amended 1/1/25; amended 7/1/26] 7.18 COUNSEL FOR CHILD A. Appointment of Attorney for Child. Appointment of counsel for a child will be in compliance with Family Code § 3150 and CRC 5.242; any such attorney is required to complete Judicial Council Form FL-322 and submit it to the Court within ten (10) days after being appointed and before the commencement of work on the case. B. Complaint Procedure for Minor’s Counsel. In a family law proceeding in which the Court has appointed counsel for minor children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk of the Judicial Officer to whom this case is assigned for all purposes. The Judicial Officer shall respond to the complaint, either by setting the matter for hearing or by issuing a written response. [Rule 6.18 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.18 effective 1/1/22] 7.19 CHILD CUSTODY EVALUATIONS A. Child Custody Evaluators. This rule is adopted to implement CRC 5.220(d)(1). B. Appointment. Appointment of a private child custody evaluator shall be in compliance with CRC 5.225 on Judicial Council Form FL-327; any such evaluator is required to submit Form FL-326 to the Court Executive Officer within ten (10) days of his/her appointment, as required by CRC 5.225(1)(a)(B). C. Contact With Evaluator. No attorney for any party shall initiate any oral or telephone contact with an evaluator to discuss the merits of the case. Any written material provided by a party shall be maintained by the evaluator and, following completion of the evaluation, be provided to either party upon written request from the party/attorney. This does not apply to raw data of the evaluator. D. Raw Data of Evaluator. If either party wishes access to the raw data of the evaluator, then upon appropriate subpoena, the evaluator will deliver copies of the raw data only to a qualified expert. E. Report of Evaluator. The evaluator shall deliver a copy of the report to the Court and to the parties’ attorneys and to any unrepresented party. If the evaluator believes that 104 Family Law Rules 7/1/26

providing the report directly to a party will create a clear and present danger of personal injury or harm to a party or child, the Court may issue protective orders or any other orders that the Court may deem appropriate. F. Prohibition of Dissemination of Report. No party or attorney shall give, show or describe an evaluation report or any part of it to anyone other than their own experts. This means that they are specifically prohibited from showing, giving or describing the report or any part of it to any member of the public, to any child of the parties (except that an attorney for a child may discuss the report with their client or, in appropriate cases, allow the child to read it or have a copy), anyone connected with either party, including, but not limited to employers, employees, friends, relatives, teachers, mental health professionals other than those treating the minor child and/or the party providing the report. Except by court order, no party shall give, show or describe any part of the report dealing with the other party or the child to the mental health professional treating the party providing the report. The evaluator’s report shall not be furnished to any third parties without a written stipulation signed by both parties and minor’s counsel, or court order. G. Peremptory Challenge to Evaluator. No peremptory challenge is allowed to a Court-appointed evaluator, whether such person is a Family Court Services staff member, any county employee, or a mental health professional. (See CRC 5.220(d).) H. Withdrawal by Evaluator. 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: 1. Both parties have refused to cooperate with the evaluator, making it impossible or unreasonably difficult for the evaluator to complete their responsibilities. 2. One or both parties have harassed or annoyed the evaluator or have made threats of physical or emotional harm to the evaluator, making it impossible or unreasonably difficult for the evaluator to complete their responsibilities. 3. One or both parties have failed to complete their financial obligations to pay the evaluator for the cost of the evaluation as ordered by the Court. 4. Any other good cause for allowing withdrawal. I. Evaluator Complaint Procedure. The procedure for processing a complaint concerning a court-appointed evaluator shall be as follows: 1. The complainant shall attempt to resolve the matter with the evaluator before pursuing their complaint as provided in this rule. 2. Except in extraordinary circumstances, complaints about the performance of an evaluator shall be addressed after issuance of the evaluation report. 3. 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. 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.

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4. Within ten (10) days after receipt of the evaluator’s response the Court shall

issue a written statement as to what action, if any, it deems appropriate to deal with the complaint including, but not limited to, finding that the complaint is not justified and no action will be taken, setting a settlement conference, setting a hearing, appointing an adjunct evaluator, or removing the evaluator from the case. 5. If either party or attorney for a minor is not satisfied with the Court’s determination, they may file a motion requesting other specified relief. Such motion shall be served on the evaluator as well as the other party. The evaluator shall appear at the hearing. The cost of the evaluator’s appearance shall be advanced by the complainant, with the Court reserving jurisdiction over the allocation of such cost. J. Fees. The Court will determine and allocate between the parties any fees or costs of

the evaluation. K. Evaluator Domestic Violence Training. All evaluators appointed by the court must comply with CRC 5.230(f) by attaching to their reports certificates of completion of the initial twelve (12) hours of advanced instruction and of the most recent annual four (4) hour update training in domestic violence. L. Submission of Child to Evaluation. If an evaluation is ordered by the Court, neither parent shall subject the child to further examination or evaluation by another expert without the consent of the Court or of the Court-appointed counsel for the child. [Rule 6.19 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.19 effective 1/1/22] 7.20 SUPERVISED VISITATION The court maintains a list of professional visitation supervisors who have certified their qualifications per Family Code § 3200.5. That list may be obtained from Court Administration or on Local Form FL071. [Rule 6.20 adopted effective 7/1/09; amended 1/1/14; renumbered as Rule 7.20 effective 1/1/22] 7.21 PARENTING COORDINATOR In cases in which a Court-ordered parenting plan is in place, the parties may stipulate to the appointment of a Parenting Coordinator. A Parenting Coordinator may only be appointed by agreement of both parties and the proposed Parenting Coordinator. The parties are encouraged to use the Stipulation and Order Re: Appointment of Parenting Coordinator (Local Form FL041), available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin in connection with the appointment of a Parenting Coordinator. Any modifications to the provisions of this Local Form must be agreed upon in writing by the parties and the Parenting Coordinator and approved by the Court. [Rule 6.21 adopted effective 1/1/15; amended 7/1/15; renumbered as Rule 7.21 effective 1/1/22]

TRIAL SETTING/READINESS AND BENCH/BAR SETTLEMENT CONFERENCES 7.22 TRIAL READINESS CONFERENCE A. At-Issue Memorandum. Neither party shall file an At-Issue Memorandum until both parties have served a preliminary declaration of disclosure, or pursued available remedies,

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as set forth in Family Code §§ 2103 and 2104, and the respondent has filed a response to the petition. The At-Issue Memorandum is a Local Form (FL018) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. B. Mandatory Trial Readiness Conference. Upon the filing of an At Issue Memorandum, the Clerk shall send to each party a Notice of Mandatory Trial Readiness Conference, the purpose of which is to develop a case progress plan tailored to the particular needs of each case and to give the parties adequate time to prepare before a Bench/Bar Settlement Conference is set. Except by stipulation of the parties, no case shall be set for a Bench/Bar Settlement Conference without first having had a Mandatory Trial Readiness Conference. 1. Appearance Required. Represented parties may appear through counsel and self-represented parties are required to appear at the Mandatory Trial Readiness Conference. Remote appearance is sufficient unless ordered to appear in person. 2. Trial Readiness Conference Statement. Each party shall serve and file with the Court a Trial Readiness Conference Statement no later than five (5) court days prior to the Conference. The Trial Readiness Conference Statement is a Local Form (FL064) available at Legal Self Help Center, or online at Local Forms | Superior Court of California | County of Marin. 3. Early Settlement Conference. If the parties and counsel agree that a case may be settled without the necessity and expense of preparing for and appearing at a Bench/Bar Settlement Conference, the Court may set the matter for an early settlement conference before the trial Judge. 4. Subsequent Trial Readiness Conferences. The Court may set subsequent Trial Readiness Conferences before determining that the case is ready to be set for a Bench/Bar Settlement Conference. [Rule 6.22 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.22 effective 1/1/22, amended 1/1/26] 7.23 SETTLEMENT CONFERENCE AND TRIAL SETTING When the Court determines at a Trial Readiness Conference that a case is adequately prepared and ready for a meaningful settlement conference, a Bench/Bar Settlement Conference (“BBSC”) shall be set. A. Panel. The BBSC shall be conducted by a panel to be appointed by the Court. B. Attendance. Each party and the trial counsel for each party shall attend the BBSC via remote appearance or in person as directed by the court. Counsel and parties are expected to be available for the entire day or until excused by the BBSC Panel. C. Trial Setting Conference. If the parties do not reach a settlement and place it on the record at the BBSC, they will be ordered to appear in court the next day for trial setting. The parties are reminded that under Family Code § 2105 they are required to file proof of service of their final declarations of disclosure forty-five (45) days before the date first set for trial. D. Continuances. Settlement conferences and trials may be continued only by order of the Court upon a showing of good cause.

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[Rule 6.23 adopted effective 5/1/98; amended 7/1/15; renumbered as Rule 7.23 effective 1/1/22; amended 7/1/24] 7.24 BENCH/BAR SETTLEMENT CONFERENCE STATEMENT GENERALLY A. Issues and Contentions. Each party shall serve and file a BBSC Statement, which shall set forth the issues and all contentions and positions to be raised at trial by that party. The BBSC Statement shall be filed, not lodged. B. Filing. At least fifteen (15) court days before the BBSC, the court’s ADR coordinator will notify the attorneys or self-represented parties, as the case may be, of the name and mailing address of the assigned Judge Pro Tem and the two BBSC panelists who will serve at that day’s BBSC. 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]. If neither party submits timely BBSC Statements, the BBSC will be taken off calendar; in that case, the parties are ordered to appear in the assigned department’s morning calendar the day after the BBSC was scheduled. At that time, the court will consider a monetary sanction against either or both parties for their failure to comply with BBSC procedures. If one party submits their BBSC statement late, the case will not be removed from the BBSC calendar, but the court may sanction the party who fails timely to submit a BBSC statement in the sum of $99 per day payable to the court. C. Updated Preliminary Declarations of Disclosure. At the time of filing the BBSC Statements, each party shall update their preliminary Declaration of Disclosure as necessary to reflect any material change in income or expenses of the party and any material change in the characterization or value of separate or community property and/or debts. [Rule 6.24 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.24 effective 1/1/22 amended 7/1/24; amended 7/1/26] 7.25 FORM AND CONTENTS OF BENCH/BAR SETTLEMENT CONFERENCE STATEMENT A. Form. The Statement shall be entitled "Bench/Bar Settlement Conference Statement." Self-represented parties may obtain a sample BBSC Statement at Legal Self Help Center. B. Contents: Statement of Issues, Property, and Income and Expense Data. The Statement shall set forth the following information in the following order, as it applies to the filing party: 1. Introductory Paragraph. The statement shall contain an introductory paragraph setting forth in summary form the date of the marriage, the date of separation, length of marriage, the names, ages, and birth dates of any minor children. The introductory paragraph shall also set forth the parties’ ages and health, education, business or professional experience, current occupation, a general statement concerning the marital standard of living, and any pendente lite or temporary orders. If there are any special health or other needs of either party or the minor children, those needs shall also be discussed in this paragraph. 2. Separate Property. List each item of separate property, the date it was acquired, the basis upon which it is claimed to be separate property and, if a mixed asset,

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the basis for apportioning between separate and community. For each asset, state the current market value, the terms and balance of each encumbrance against the property, and the title history to the present of titled property. 3. Community Property. List each item of community property, the date it was acquired, the basis upon which it is claimed to be community property and, if a mixed asset, the basis for apportioning between separate and community. For each asset, state the current market value, the terms and balance of each encumbrance against the property, and the title history to the present of titled property. 4. Tracing. If either party claims a separate property interest in an asset, describe in detail, including dates, values and dollar amounts, all transactions relevant to the tracing and, if there is an issue about allocation of community and separate interests in a single asset, the basis for calculating the respective values of the community property and separate property interests. 5. Funds Held By Others and Future Interests. Identify and describe in detail all community property and separate property funds of the parties or either of them held by persons and entities other than the parties and all future interests of each party, and, as to each such fund or interest, state whether it is claimed to be community property or separate property or a mixed asset and describe the basis upon which such characterization is founded. Include all pertinent data (e.g., account numbers, etc.), state the conditions, if any, upon which the parties or either of them may access or acquire each such asset, and describe in detail all encumbrances relating thereto. 6. Current Obligations and Claimed Credits. Separately list all debts and obligations of the spouses which are liabilities of the community and, so far as known, debts and obligations which are alleged to be the separate liabilities of the respective parties. Identify each creditor, the purpose for which each debt was incurred, the date upon which it was incurred, the balance currently due thereon, the terms of payment, and the security, if any, held by the creditor. Credits claimed by either party against the other party or against the community and claims for reimbursement to the community from the separate property of either party (e.g., for community property debts paid from separate property, separate property debts paid with community property, fair rental value of community property or separate property used by a party post-separation, etc.) which are not fully detailed in a party’s BBSC Statement shall be deemed waived. 7. Current Income and Expenses. If child support, spousal support or attorney's fees are sought, complete and attach a current Income and Expense Declaration. Previously filed Income and Expense Declarations may be attached if they were filed within three (3) months of the filing of the BBSC Statement and if financial circumstances have not changed. 8. Contentions About Child and Spousal Support. Each party shall specify their contentions as to the amount of child support and amount and duration of spousal support. Include calculations showing guideline child support. If any child is a recipient of public assistance, and the County is the assignee of the support, the statement shall show that the DCSS has been notified of the time and date of the BBSC and provided copies of all pertinent, current financial documents (i.e., Income and Expense Declaration, Support Calculations, etc.).

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9. Contentions About Attorney's Fees, Accountant's Fees, Expert Fees, and

Costs. Each party shall include in their statement their position regarding requests for attorney's and accountant's fees, other expert fees, and court costs. Where appropriate, such requests shall be supported by adequate documentation. 10. Public Assistance Status. If applicable, set forth that the family is receiving public assistance, the amount, and how long public assistance has been paid for the family. If public assistance is being received, the statement must also provide that "the children are recipients of public assistance from ______ County and that county is the assignee of all rights to support herein. The DCSS of _____ County has been notified of the time and date of this conference." 11. Notification of Use of Expert at Bench/Bar Settlement Conference. Any party planning to use a forensic expert of any type either in person, by telephone or otherwise at the BBSC, shall include in the Statement the name, address and telephone number of the forensic expert and identify the issues on which the expert will be consulted. 12. Proposed Division/Allocation of Property and Obligations. Set forth a specific and detailed proposal for dividing and/or allocating community property, separate property, and all debts and obligations. 13. Certification Re: Compliance With Disclosure Obligations. Each party shall certify that their preliminary Declaration of Disclosure is current and complete and that they are unaware of any material changes in it. Such certification shall be signed by the party personally – signature of counsel is not sufficient.

[Rule 6.25 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.25 effective 1/1/22]

JUDGMENTS 7.26 DEFAULT OR UNCONTESTED JUDGMENT BY AFFIDAVIT OR DECLARATION To obtain a Judgment by Declaration (non-appearance) pursuant to Family Code § 2336, the judgment packet submitted to the Clerk's Office must include: 1. Declaration for Default or Uncontested Dissolution or Legal Separation (FL- 170). 2. Request to Enter Default (FL-165). In lieu of providing a stamped envelope for Respondent, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on their behalf, or Appearance, Stipulations and Waivers (FL-130) as appropriate. 3. Judgment (FL-180) with any attachments. 4. Notice of Entry of Judgment (FL-190). In lieu of providing two stamped envelopes for delivery of the Notice of Entry of Judgment, the party may pay an additional court fee via eFiling to authorize the court to provide the envelope on the submitting party’s behalf. 5. Copies of the judgment and any attachments or supporting documents will be returned electronically.

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[Rule 6.26 adopted effective 5/1/98; amended and renumbered effective 1/1/22; amended 7/1/24, amended 7/1/25, amended 1/1/26] 7.27 DEFAULT OR UNCONTESTED JUDGMENTS GENERALLY A. Support and/or Fee Awards. No award of child support, spousal support or attorney's fees will be granted unless there is either an attached written agreement between the parties settling those issues, or there is sufficient information on which the Court may base an order, including a fully completed and executed Income and Expense Declaration (with information on both parties where available). B. Child Support. The amount of child support must either be specified in the order or reserved. Beginning, ending and due dates must be provided. A wage assignment must be ordered or an alternative authorized by law provided. All agreements for child support shall be accompanied by the Judicial Council form "Stipulation to Establish or Modify Child Support" or must contain language consistent with that form. If either party is receiving public assistance, the signature of an attorney in the DCSS consenting to the child support provision must be affixed to the judgment. The judgment shall contain a provision for health insurance pursuant to Family Code §§ 3750-3753. C. Spousal Support. Spousal support for each party must be addressed. A support amount may be requested, support may be terminated, or the issue may be reserved. Spousal support provisions must state beginning, ending and due dates. A marriage of 10 years or longer is presumptively a long-term marriage. In such cases, absent a written agreement to the contrary, the Court will reserve jurisdiction to award spousal support to both parties. D. Child Custody and Visitation. All judgments must contain provision for legal and physical custody. Where the judgment is taken by default, and either supervised visitation or denial of visitation is requested, unless a written agreement of the parties concerning custody and visitation is submitted with the judgment, a factual declaration under penalty of perjury shall be submitted with the judgment which shall include the following: 1. Where a party is seeking to deny visitation between a child and the defaulting party: The specific reasons visitation should be denied; the date upon which the last visitation between the child and the defaulting party occurred; and a statement either that the whereabouts of the defaulting party is unknown, or, if known, the defaulting party’s address. 2. Where a party is seeking supervised visitation between a child and the defaulting party: The reasons such visitation should be supervised; when and where supervised visitation should occur; the name and address of the person or agency who/which will perform the supervision; and the method by which the supervisor is to be compensated. 3. Other information. The date upon which the parties separated, the identity of the primary caretaker of the child(ren) during the last six months and the extent of contact between the child and the non-caretaker parent during that time. The Declaration shall be mailed to the defaulting party with the Request to Enter Default (FL-165). E. Community and/or Separate Property. No division of community property (assets or debts) or confirmation of separate property will be ordered, unless there is either an attached

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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. [Rule 6.27 adopted effective 5/1/98; amended 1/1/20; renumbered as Rule 7.27 effective 1/1/22; amended 7/1/24] 7.28 DEFAULT JUDGMENT WITH WRITTEN AGREEMENT OF THE PARTIES Marin County permits the entry of a default judgment with a written settlement agreement attached. Respondent’s signature on the agreement must be notarized. In all other respects, the judgment will be reviewed as if Respondent had made a formal appearance. Specifically, both parties must comply with the financial disclosure provisions of Family Code § 2100 et seq. [Rule 6.28 adopted effective 1/1/13; renumbered as Rule 7.28 effective 1/1/22] FAMILY LAW FACILITATOR 7.29 GENERAL The Office of the Family Law Facilitator is located at the Court’s Legal Self Help Center. The Facilitators’ office hours and location are available on the court’s website. A Family Law Facilitator is an attorney, who provides educational materials to parents concerning the process of establishing parentage and establishing, modifying and enforcing child support and spousal support in the courts; distributes necessary court forms and voluntary declarations of paternity; provides assistance in completing forms; prepares support schedules based on statutory guidelines; and provides referral to the local child support agency, family court services, and other community agencies and resources that provide services for parents and children. In furtherance of the policy of this state to furnish a speedy conflict-reducing system for resolving financial issues that is accessible to families with low- and middle-incomes, the Facilitator can work with Family Court Services and self-represented parties simultaneously to mediate financial issues along with custody issues in cases not involving domestic violence. Pursuant to Family Code § 10005, the Facilitator’s duties may also include: 1. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Section 10012. Actions in which one or both of the parties are unrepresented by counsel shall have priority. 2. Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in Section 10003. 3. If the parties are unable to resolve issues with the assistance of the Family Law Facilitator prior to or at the hearing, and at the request of the court, the Family Law Facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the Judge whether or not the matter is ready to proceed. 4. Assisting the clerk in maintaining records. 5. Preparing formal orders consistent with the court’s announced order in cases where both parties are unrepresented.

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6. Providing the services specified in Section 10004 concerning the issues of

child custody and visitation as they relate to calculating child support, if finding is provided for that purpose. If staff and other resources are available and the duties listed in subsections 1-6 above have been accomplished, the duties of the Family Law Facilitator may also include the following: 7. Assisting the court with research and any other responsibilities that will enable the court to be responsive to the litigants’ needs. 8. Developing programs for bar and community outreach through day and evening programs, video recordings, and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to family court.

[Rule 6.29 adopted effective 7/1/99; amended 1/1/20; renumbered as Rule 7.29 effective 1/1/22; amended 7/1/24] 7.30 PROTOCOL FOR DISQUALIFICATIONS If a facilitator deems themselves disqualified or biased, or if the customer declares a concern about bias on the part of a facilitator, then the facilitator or Managing Attorney shall make arrangements for the party to receive assistance from another qualified individual. Initially, a referral to the staff attorney of the Legal Self Help Center will be made. If a staff attorney is unable, for any reason, to render assistance, the Managing Attorney will refer the party to a facilitator from another nearby court. All referrals shall be in writing and forwarded to the Court Executive Officer immediately. In addition, a log of such referrals shall be kept by the Managing Attorney and shall be made available for inspection upon request. [CRC 5.430(f)] [Rule 6.30 adopted effective 1/1/20; renumbered as Rule 7.30 effective 1/1/22] 7.31 GRIEVANCE PROCEDURE The procedure for processing a complaint concerning the Family Law Facilitator’s Office or Legal Self-Help Center shall be as follows: 1. The complainant must submit the complaint in writing to the Managing Attorney, who will make a record of the complaint. 2. The Managing Attorney will conduct an investigation. Within fifteen (15) court days, the Managing Attorney will inform the complainant in writing of their findings and whether any action was taken. [Rule 6.31 adopted effective 1/1/17; renumbered as Rule 7.31 effective 1/1/22]

MISCELLANEOUS FAMILY LAW RULES 7.32 DOCUMENTS NOT FILED OR ADMITTED AT HEARING OR TRIAL Documents not filed or admitted at a hearing or trial and left at the courthouse will be discarded immediately following the hearing or trial without notice to the parties. This includes binders and boxes containing the documents. [Rule 6.32 adopted effective 7/1/15; renumbered as Rule 7.32 effective 1/1/22]

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7.33 COURT REPORTERS Court reporting services may also be provided at the request of the Court or the parties for certain types of family law proceedings. These services, however, will be subject to the availability of a court reporter and the cost of court reporting services will typically be borne by the parties. Use of electronic recording in lieu of using a court reporter is not permitted by law in any family law proceeding. For information on how to request the services of a court reporter, please see Local Rule 1.18. [Rule 6.33 adopted effective 7/1/15; amended 7/1/18; renumbered as Rule 7.33 effective 1/1/22] 7.34 SERVICE OF SUMMONS 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. Posting may be ordered only if the court finds that the petitioner is eligible for a waiver of court fees and costs. To request service of summons by publication or posting, the petitioner must complete and submit to the court an original and one copy of an Application for Order for Publication or Posting (Judicial Council Form FL-980) and Order for Publication or Posting (Judicial Council Form FL-982) with a self-addressed stamped envelope. If Petitioner seeks an order for Posting, the petitioner must also submit a blank Proof of Service by Posting (Judicial Council Form FL-985) which will be completed by the Court Clerk who posts the documents. [Rule 6.34 adopted effective 1/1/16; renumbered as Rule 7.34 effective 1/1/22] 7.35 APPOINTMENT OF ELISOR A. Request for Order. A court order for the appointment of an Elisor must be made by a request for order. The request for order must include at least one supporting declaration with a list of the exact documents the Elisor is being asked to sign. The request must be accompanied by a proposed order. B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following: 1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an Elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an Elisor, including the reason, by a person with personal knowledge, why each document requires the Elisor's signature. C. Mandatory Language in Proposed Order. The proposed order must include all of the following: 1. Designate "The Clerk of the Court or Clerk’s Designee" as the Elisor. The order cannot state a name or title of a specific court employee. 2. State the party’s name for whom the Elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the Elisor will be signing each document.

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D. Mandatory Additional Requirements. 1. Copies of all documents to be signed must be attached to the proposed order. 2. The original documents presented to the Elisor for signing must be identical to the copies of the documents attached to the proposed order. E. Order Granted. 1. If the court grants the order, the party must contact the administrative office (Room 116) to schedule an appointment for the actual signing of the documents. 2. If the Elisor is signing documents requiring notarization, the party must arrange for a notary public to be present when the Elisor signs the documents.

[Rule 7.35 adopted effective 1/1/25]

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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]

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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]

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NAME ADOPT/ AMEND FORM # forms are designated “Optional” unless otherwise indicated DATE

ADMINISTRATIVE ESCHEATMENT CLAIM INSTRUCTIONS AND FORMS ADM027 (d) 3/26 MENTAL HEALTH PROFESSIONAL FEE SCHEDULE ADM007 6/21 REQUEST FOR JUDICIAL ADMINISTRATIVE RECORDS ADM022 8/15

CIVIL ADMINISTRATIVE APPEAL - CDA - PROOF OF SERVICE CV034 6/15 ADMINISTRATIVE APPEAL - GENERAL - PROOF OF SERVICE CV033 6/15 ALTERNATIVE DISPUTE RESOLUTION INFORMATIONAL NOTICE CV006 7/15 AMENDMENT TO COMPLAINT CV025 7/07 APPLICATION TO SERVE AS JUDICIAL ARBITRATOR CV058 11/15 APPLICATION TO SERVE AS VOLUNTEER CIVIL DISCOVERY FACILITATOR CV056 11/15 APPLICATION TO SERVE AS VOLUNTEER SETTLEMENT CONFERENCE CV055/FL055 11/15 PANELIST FOR CIVIL & FAMILY LAW (Attorneys & MHP’s) & QUALIFICATIONS ATTORNEY'S FEE SCHEDULE - CIVIL CASES CV044 6/15 BODY ATTACHMENT & WARRANT OF ARREST CV016 5/15 CHANGE OF NAME FILING INFORMATION CV078W 1/20 DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION FOR ORDERS CV065 6/15 AND/OR ORDER SHORTENING TIME - CIVIL LEGALLY ADJUDICATED NEWSPAPERS FOR PROBATE & NAME CHANGE PUBS CV080/PR028 2/26 NOTICE OF ADMINISTRATIVE APPEAL - CDA CV028 8/15 NOTICE OF ADMINISTRATIVE APPEAL - GENERAL CV027 8/15 NOTICE OF APPEAL - PARKING CV029 8/15 NOTICE OF DECISION - FOLLOWING DE NOVO HEARING ON PARKING APPEAL CV030 8/15 PARKING APPEAL - PROOF OF SERVICE CV031 6/15 STIPULATION & ORDER TO DISMISS ACTION & SUBMIT CAUSES OF ACTION CV032 5/15 TO SMALL CLAIMS JURISDICTION STIPULATION & ORDER TO STAY ON PREMISES & ORDER TO MAINTAIN CV092 12/20 CONFIDENTIALITY STATUS STIPULATION & ORDER TO VACATE PREMISES & ORDER TO MAINTAIN CV093 12/20 CONFIDENTIALITY STATUS STIPULATION TO USE OF ALTERNATIVE DISPUTE RESOLUTION PROCESS CV002 (a) 7/15

COURT REPORTING REQUEST FOR COURT REPORTING SERVICES IN CIVIL, FAMILY LAW & 8/24 PROBATE PROCEEDINGS REP004

CRIMINAL COMMUNITY SERVICE WORK TIME SHEET TR001/CR001 3/16 CRIMINAL CALENDAR ADD-ON REQUEST CR099 8/20 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM – VEHICLE CODE §§ CR204 1/26 23103, 23152 & 23153 FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM CR053 1/26 FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM ADDENDUM CR053a 4/25 PETITION FOR DISMISSAL (Penal Code Sections) - Instructions CR112 8/24 PLEA OF GUILTY – MISDEMEANOR CR078 1/26 PROOF OF SERVICE CR047/TR047 10/17

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NAME ADOPT/ AMEND FORM # forms are designated “Optional” unless otherwise indicated DATE

FAMILY LAW APPLICATION TO SERVE AS VOLUNTEER SETTLEMENT CONFERENCE FL055/CV055 11/15 PANELIST FOR CIVIL & FAMILY LAW (Attorneys & MHP’s) & QUALIFICATIONS CASE PROGRESS CONFERENCE QUESTIONNAIRE FL003/SP 9/13 CITATION TO APPEAR FL023 3/16 DECLARATION OF PROPOSED GUARDIAN’S VIEWING OF FILM FL033/PR033 1/15 DECLARATION REGARDING ADDRESS VERIFICATION POST JUDGMENT FL070 10/13 DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION FOR ORDERS FL048 11/20 AND/OR ORDERS SHORTENING TIME - FAMILY LAW DISSOLUTION OF MARRIAGE, LEGAL SEPARATION & NULLITY OF FL069W (b) 1/20 MARRIAGE FILING INFORMATION FAMILY COURT SERVICES – COMMUNITY RESOURCES FL071 11/25 FAMILY COURT SERVICES CHILD CUSTODY RECOMMENDING COUNSELING FL005/SP 2/24 PROGRAM FAMILY COURT SERVICES CHILD CUSTODY RECOMMENDING COUNSELING FL079/SP 6/24 PROGRAM APPOINTMENT LETTER INFORMATION FAMILY COURT SERVICES INTAKE SHEET - ENGLISH FL016 M 5/25 FAMILY COURT SERVICES INTAKE SHEET - SPANISH FL016SP M 5/25 FAMILY LAW AT ISSUE MEMORANDUM FL018 9/18 FAMILY LAW RESOURCES FL063/SP (b) 6/24 FAMILY LAW TENTATIVE RULINGS FL 078/SP 5/23 HOW TO COMPLETE YOUR FAMILY LAW CASE - PETITIONER’S GUIDE FL061/SP (b) 9/13 HOW TO COMPLETE YOUR PARENTAGE CASE - PETITIONER’S GUIDE FL059/SP (c) 9/13 NOTICE TO PARTIES IN FAMILY LAW CASES FL008/SP 7/25 PETITION TO DECLARE CHILD FREE FROM PARENTAL CUSTODY & CONTROL FL022 7/15 STATEMENT OF AGREEMENT/DISAGREEMENT WITH FAMILY COURT FL027 10/13 SERVICES RECOMMENDATIONS STIPULATION & ORDER REGARDING APPOINTING PARENTING COORDINATOR FL041 1/22 STIPULATION & ORDER TO CONTINUE CASE PROGRESS CONFERENCE FL007/SP 8/19 STIPULATION FOR COURT COMMISSIONER to ACT as TEMPORARY JUDGE for FL081 1/25 ALL PURPOSES SUMMARY DISSOLUTION OF MARRIAGE FILING INFORMATION FL068W (b) 1/20 TRIAL READINESS CONFERENCE STATEMENT FL064 10/13 YOU’VE BEEN SERVED - RESPONDENT’S GUIDE - PARENTAGE FL060/SP (c) 9/13 YOU’VE BEEN SERVED - RESPONDENT’S GUIDE - FAMILY LAW CASE FL062/SP (b) 9/13

JURY SERVICES FULL-TIME CHILDCARE / CARE PROVIDER REQUEST FOR EXCUSAL FROM JUR004 3/25 JURY DUTY MARIN PUBLIC TRANSIT JUROR REIMBURSEMENT FORM JUR017 1/25 REQUEST FOR MEDICAL EXCUSE FROM JURY DUTY JUR001 3/25

JUVENILE CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE JUV022 1/20 ADDRESS EX PARTE MOTION AND ORDER JUV016 9/14 PETITION TO TERMINATE SEX OFFENDER REGISTRATION (JUVENILE) JUV024 7/21 120 Appendix A – 7/1/26

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NAME ADOPT/ AMEND FORM # forms are designated “Optional” unless otherwise indicated DATE PROOF OF SERVICE – SEX OFFENDER REGISTRATION TERMINATION JUV025 7/21 (JUVENILE) MISCELLANEOUS REQUEST FOR TELEPHONIC APPEARANCE MISC001 2/18

PROBATE AFFIDAVIT UNDER CALIFORNIA PROBATE CODE § 13101 PR009 2/20 APPLICATION FOR ORDER TRANSFERRING VENUE PR030 10/23 ATTORNEY FEE DECLARATION PR035 1/14 CONFIDENTIAL CONTACT INFORMATION PR015 6/15 CONSERVATORSHIP FILING INFORMATION PR026W 4/23 CONSERVATORSHIP GENERAL PLAN PR017 1/14 COURT INVESTIGATOR SCHEDULE OF FEES PR019 7/12 DECLARATION OF PROPOSED CONSERVATOR’S VIEWING OF FILM PR034 1/15 DECLARATION OF PROPOSED GUARDIAN’S VIEWING OF FILM FL033/PR033 1/15 FIDUCIARY FEE DECLARATION PR036 1/14 GUARDIANSHIP FILING INFORMATION PR027W 5/23 INSTRUCTIONS FOR APPLYING FOR TRANSFER OF VENUE PR029 1/20 LEGALLY ADJUDICATED NEWSPAPERS FOR PROBATE & NAME CHANGE PUBS PR028/CV080 2/26 NOTICE OF TRANSFER OF ESTATE PLANNING DOCUMENTS PR014 8/15 ORDER APPOINTING COURT INVESTIGATOR PR040 4/23 ORDER APPOINTING PROBATE REFEREE PR010 6/15 ORDER APPOINTING REGIONAL CENTER PR039 3/22 ORDER FOR TRANSFER OF VENUE PR031 4/23 PROPOSED GUARDIAN INFORMATION FORM PR007 4/23 STEPPARENT ADOPTION QUESTIONNAIRE PR021 6/18

SMALL CLAIMS SMALL CLAINS EVIDENCE COVER SHEET SC015 4/25 SMALL CLAIMS FILING INFORMATION SC013W 5/25

TRAFFIC CERTIFICATE OF CORRECTION TR019 4/17 COMMUNITY SERVICE WORK TIME SHEET TR001 3/16

LEGEND - LOCAL FORMS CAN BE FOUND UNDER THE FOLLOWING HEADINGS:

(a) Forms Related to Alternative Dispute Resolution (b) Forms Related to Dissolution (Divorce) (c) Forms Related to Parentage (d) Forms Packets

NOTES REGARDING FORM NAMES & NUMBERS:

INST Instructions Only - Form is Separate incl. INST Instructions Included M Mandatory

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NAME ADOPT/ AMEND FORM # forms are designated “Optional” unless otherwise indicated DATE SP Form is either bilingual or available on a separate form in Spanish W Form duplicated specifically for Website - contains hyperlinks to Judicial Council Forms & Local Forms

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NUMBER ADOPT/ AMENDFORM# forms are designated “Optional” unless otherwise indicated DATE

ADMINISTRATIVE

ADM007 MENTAL HEALTH PROFESSIONAL FEE SCHEDULE 6/21 ADM022 REQUEST FOR JUDICIAL ADMINISTRATIVE RECORDS 8/15 ADM027 ESCHEATMENT CLAIM INSTRUCTIONS AND FORMS (d) 3/26

CIVIL

CV002 STIPULATION TO USE OF ALTERNATIVE DISPUTE RESOLUTION PROCESS (a) 7/15 CV006 ALTERNATIVE DISPUTE RESOLUTION INFORMATIONAL NOTICE 7/15 CV016 BODY ATTACHMENT & WARRANT OF ARREST 5/15 CV025 AMENDMENT TO COMPLAINT 7/07 CV027 NOTICE OF ADMINISTRATIVE APPEAL - GENERAL 8/15 CV028 NOTICE OF ADMINISTRATIVE APPEAL - CDA 8/15 CV029 NOTICE OF APPEAL - PARKING 8/15 CV030 NOTICE OF DECISION - FOLLOWING DE NOVO HEARING ON PARKING APPEAL 8/15 CV031 PARKING APPEAL - PROOF OF SERVICE 6/15 STIPULATION & ORDER TO DISMISS ACTION & SUBMIT CAUSES OF ACTION 5/15 CV032 TO SMALL CLAIMS JURISDICTION CV033 ADMINISTRATIVE APPEAL – GENERAL – PROOF OF SERVICE 6/15 CV034 ADMINISTRATIVE APPEAL – CDA – PROOF OF SERVICE 6/15 CV044 ATTORNEY’S FEE SCHEDULE – CIVIL CASES 6/15 APPLICATION TO SERVE AS VOLUNTEER SETTLEMENT CONFERENCE 11/15 CV055/FL055 PANELIST FOR CIVIL & FAMILY LAW (Attorneys & MHP’s) & QUALIFICATIONS CV056 APPLICATION TO SERVE AS VOLUNTEER CIVIL DISCOVERY FACILITATOR 11/15 CV058 APPLICATION TO SERVE AS JUDICIAL ARBITRATOR 11/15 DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION FOR ORDERS 6/15 CV065 AND/OR ORDER SHORTENING TIME - CIVIL CV078W CHANGE OF NAME FILING INFORMATION 1/20 CV080/PR028 LEGALLY ADJUDICATED NEWSPAPERS FOR PROBATE & NAME CHANGE PUBS 2/26 STIPULATION & ORDER TO STAY ON PREMISES & ORDER TO MAINTAIN 12/20 CV092 CONFIDENTIALITY STATUS STIPULATION & ORDER TO VACATE PREMISES & ORDER TO MAINTAIN 12/20 CV093 CONFIDENTIALITY STATUS

COURT REPORTING REQUEST FOR COURT REPORTING SERVICES IN CIVIL, FAMILY LAW &

REP004 PROBATE PROCEEDINGS 8/24

CRIMINAL

CR001 COMMUNITY SERVICE TIME SHEET 3/16 CR047/TR047 PROOF OF SERVICE 10/17 CR053 FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM 1/26 CR053A FELONY ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM ADDENDUM 4/25 CR078 PLEA OF GUILTY – MISDEMEANOR 1/26

CR099 CRIMINAL CALENDAR ADD-ON REQUEST 8/20 CR112 PETITION FOR DISMISSAL (Penal Code Sections) – Instructions 8/24 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM – VEHICLE CODE §§ 1/26 CR204 23103, 23152 & 23153

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NUMBER ADOPT/ AMENDFORM# forms are designated “Optional” unless otherwise indicated DATE

FAMILY LAW

FL003/SP CASE PROGRESS CONFERENCE QUESTIONNAIRE 9/13 FAMILY COURT SERVICES CHILD CUSTODY RECOMMENDING COUNSELING 2/24 FL005/SP PROGRAM FL007/SP STIPULATION & ORDER TO CONTINUE CASE PROGRESS CONFERENCE 8/19 FL008/SP NOTICE TO PARTIES IN FAMILY LAW CASES 7/25 FL016 FAMILY COURT SERVICES INTAKE SHEET - ENGLISH M 5/25 FL016SP FAMILY COURT SERVICES INTAKE SHEET – SPANISH M 5/25 FL018 FAMILY LAW AT ISSUE MEMORANDUM 9/18 FL022 PETITION TO DECLARE CHILD FREE FROM PARENTAL CUSTODY & CONTROL 7/15 FL023 CITATION TO APPEAR 3/16 STATEMENT OF AGREEMENT/DISAGREEMENT WITH FAMILY COURT 10/13 FL027 SERVICES RECOMMENDATIONS FL033/PR033 DECLARATION OF PROPOSED GUARDIAN’S VIEWING OF FILM 1/15 FL041 STIPULATION & ORDER REGARDING APPOINTING PARENTING COORDINATOR 1/22 DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION FOR ORDERS 11/20 FL048 AND/OR ORDERS SHORTENING TIME - FAMILY LAW APPLICATION TO SERVE AS VOLUNTEER SETTLEMENT CONFERENCE 11/15 FL055/CV055 PANELIST FOR CIVIL & FAMILY LAW (Attorneys & MHP’s) & QUALIFICATIONS FL059/SP HOW TO COMPLETE YOUR PARENTAGE CASE - PETITIONER’S GUIDE (c) 9/13 FL060/SP YOU’VE BEEN SERVED - RESPONDENT’S GUIDE - PARENTAGE (c) 9/13 FL061/SP HOW TO COMPLETE YOUR FAMILY LAW CASE - PETITIONER’S GUIDE (b) 9/13 FL062/SP YOU’VE BEEN SERVED - RESPONDENT’S GUIDE - FAMILY LAW CASE (b) 9/13 FL063/SP FAMILY LAW RESOURCES (b) 6/24 FL064 TRIAL READINESS CONFERENCE STATEMENT 10/13

FL068W SUMMARY DISSOLUTION OF MARRIAGE FILING INFORMATION (b) 1/20 DISSOLUTION OF MARRIAGE, LEGAL SEPARATION & NULLITY OF (b) 1/20 FL069W MARRIAGE FILING INFORMATION FL070 DECLARATION REGARDING ADDRESS VERIFICATION POST JUDGMENT 10/13 FL071 FAMILY COURT SERVICES – COMMUNITY RESOURCES 11/25 FL078/SP FAMILY LAW TENTATIVE RULINGS 5/23 FAMILY COURT SERVICES CHILD CUSTODY RECOMMENDING COUNSELING 6/24 FL079/SP PROGRAM APPOINTMENT LETTER INFORMATION STIPULATION for COURT COMMISSIONER to ACT as TEMPORARY JUDGE for 1/25 FL081 ALL PURPOSES

JURY SERVICES

JUR001 REQUEST FOR MEDICAL EXCUSE FROM JURY DUTY 3/25 FULL-TIME CHILDCARE / CARE PROVIDER REQUEST FOR EXCUSAL FROM 3/25 JUR004 JURY DUTY JUR017 MARIN PUBLIC TRANSIT JUROR REIMBURSEMENT FORM 1/25

JUVENILE
CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE 1/20

JUV022 ADDRESS JUV016 EX PARTE MOTION AND ORDER 9/14

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APPENDIX A

LOCAL FORMS ON WEBSITE LISTED BY NUMBER ADOPT/ AMENDFORM# forms are designated “Optional” unless otherwise indicated DATE

JUV024 PETITION TO TERMINATE SEX OFFENDER REGISTRATION (JUVENILE) 7/21 JUV025 PROOF OF SERVICE – SEX OFFENDER REGISTRATION TERMINATION (JUVENILE) 7/21 MISCELLANEOUS MISC001 REQUEST FOR TELEPHONIC APPEARANCE 2/18

PROBATE

PR007 PROPOSED GUARDIAN INFORMATION FORM 4/23 PR009 AFFIDAVIT UNDER CALIFORNIA PROBATE CODE § 13101 2/20 PR010 ORDER APPOINTING PROBATE REFEREE 6/15 PR014 NOTICE OF TRANSFER OF ESTATE PLANNING DOCUMENTS 8/15 PR015 CONFIDENTIAL CONTACT INFORMATION 6/15 PR017 CONSERVATORSHIP GENERAL PLAN 1/14 PR019 COURT INVESTIGATOR SCHEDULE OF FEES 7/12 PR021 STEPPARENT ADOPTION QUESTIONNAIRE 6/18 PR026W CONSERVATORSHIP FILING INFORMATION 4/23 PR027W GUARDIANSHIP FILING INFORMATION 5/23 PR028/CV080 LEGALLY ADJUDICATED NEWSPAPERS FOR PROBATE & NAME CHANGE PUBS 2/26 PR029 INSTRUCTIONS FOR APPLYING FOR TRANSFER OF VENUE 1/20 PR030 APPLICATION FOR ORDER TRANSFERRING VENUE 10/23 PR031 ORDER FOR TRANSFER OF VENUE 4/23 PR033/FL033 DECLARATION OF PROPOSED CONSERVATOR’S VIEWING OF FILM 1/15 PR034 DECLARATION OF PROPOSED GUARDIAN’S VIEWING OF FILM 1/15 PR035 ATTORNEY FEE DECLARATION 1/14 PR036 FIDUCIARY FEE DECLARATION 1/14 PR039 ORDER APPOINTING REGIONAL CENTER 3/22 PR040 ORDER APPOINTING COURT INVESTIGATOR 4/23

SMALL CLAIMS

SC013W SMALL CLAIMS FILING INFORMATION 5/25 SC015 SMALL CLAIMS EVIDENCE COVER SHEET 4/25

TRAFFIC

TR001 COMMUNITY SERVICE WORK TIME SHEET 3/16 TR019 CERTIFICATE OF CORRECTION 4/17

LEGEND - LOCAL FORMS CAN BE FOUND UNDER THE FOLLOWING HEADINGS:

(a) Forms Related to Alternative Dispute Resolution
(b) Forms Related to Dissolution (Divorce)
(c) Forms Related to Parentage
(d) Forms Packets

NOTES REGARDING FORM NAMES & NUMBERS:

INST Instructions Only - Form is Separate incl. INST Instructions Included M Mandatory 125 Appendix A – 7/1/26

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

APPENDIX A

SP Form is either bilingual or available on a separate form in Spanish W Form duplicated specifically for Website - contains hyperlinks to Judicial Council Forms & Local Forms

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MARIN COUNTY COMPETENCY PROTOCOL FOR

JUVENILE COURT

I. INTRODUCTION

A. This protocol shall apply when it appears that there is a doubt as to the competency of a minor to stand trial or to participate in Juvenile proceedings in a delinquency case.

B. This protocol is intended to supplement the provisions of Welfare & Institutions Code §709, California Rule of Court 5.645, as well as relevant case law. In the event that a conflict arises between this protocol and the statute or rule, the statutory and rule provisions control.

C. This protocol is created to further the goals and obligations of Welfare & Institutions Code §202 and to enable a collaborative approach toward issues of competency. The Court should always consider the rehabilitative needs and best interests of the minor as well as the interests of public safety and protection of the community.

II. INFORMAL RESOLUTION

A. Formal competency proceedings in some cases may be contrary either to the goals of protecting public safety or rehabilitating the minor. Where substantial evidence exists that a minor may be incompetent to stand trial, the Court may consider resolving the matter without initiating formal competency proceedings.

B. In determining whether informal resolution is appropriate the Court may: 1. Consider dismissal of the action pursuant to Welfare and Institutions Code §782. 2. Work with the parties to establish a voluntary service plan 3. Consider WIC 654 or 654.2 alternatives 4. Refer the minor for evaluation under WIC§705, or (Parents/Guardians may seek under Lanterman-Petris – Act.) 5. Refer minor to a local social service provider to develop and implement a service plan 6. Enlist assistance of Probation and Defense Counsel or others to: a. Assist family to enroll in Medi-Cal and/or SSI, b. Obtain services of local regional center c. Obtain services through individuals with Disabilities Education Act d. Obtain services through the Mental Health Services Act or Title IV-E f. If the minor’s parents are not available to authorize treatment, order that needed medical and mental care be provided pursuant to WIC §739 g. Use the joinder provisions of WIC §727 subdivision (b)(1) to join as a party an agency that has failed to meet a legal obligation to the minor,

127 Appendix B

provided that the Juvenile Court may not impose duties on the agency beyond those mandated by law.

C. The court may, with the consent of the parties, conduct progress review hearings and continue the case until the court is satisfied that the situation that brought the minor to the attention of the juvenile court has been addressed, or that the matter cannot be addressed by the juvenile court intervention. At that time, the court shall dismiss the petition under WIC §782 on the grounds that “the interests of justice and the welfare of the minor require such dismissal.” Or the “minor is not in need of treatment and rehabilitation.”

III. LEGAL STANDARD FOR JUVENILE COMPETENCE

A minor is incompetent if the minor lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as a factual understanding of the nature of the charges or proceedings against the minor. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability or developmental immaturity. WIC §709(a).

IV. INVITATION OF FORMAL COMPETENCY PROCEEDINGS

A. During the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. WIC §709(a). The Court may allow defense counsel to present his/her opinion regarding the minor’s competence in camera if the court finds there is reason to believe that the attorney-client privileged information would be inappropriately revealed in open court. (California Rules of Court, Rule 4.130(b)(2))

B. If the Court finds substantial evidence that raises a doubt as to the minor’s competency, the proceedings shall be suspended. The Court and parties are referred to Appendix 3, for summary of various findings on the issue of substantial evidence.

C. Unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor’s lack of competency, the court shall appoint an expert to evaluate the minor and determine whether the minor suffers from a mental illness, mental disorder, developmental disability, developmental immaturity, or other condition affecting competency and, if so, whether the minor is incompetent as defined. (WIC§709)(b)(1)).

V. QUALIFICATIONS, APPOINTMENT OF EXPERT PSYCHOLOGIST

A. Qualifications of Expert Psychologist. The expert shall have expertise in child and adolescent development and forensic evaluation of juveniles for purposes of adjudicating competency, shall be familiar with the competency standards and accepted criteria used in

128 Appendix B

evaluating juvenile competency, shall have received training in conducting juvenile competency evaluations, and shall be familiar with competency remediation for the condition or conditions affecting competence in the particular case. WIC§ 709(b)(2)

B. Court Psychologist Panel. The Court shall maintain a panel of Psychologists doing competency evaluations for the juvenile Court who meet the above criteria. Panel members shall have met the requirements of CRC 5.645(d)(1)(B).

C. Assignment of Psychologist from Court Panel. The Court or Probation shall appoint a Psychologist from the Court panel to evaluate the minor. Court approval must be obtained to retain a Psychologist outside the approved panel.

D. Payment of Psychologist. The Court will contribute $750 towards payment of the psychologist evaluation.

E. Retention of Expert by Parties. The Prosecuting Attorney or the minor may retain an expert witness to testify at a competency hearing. Said experts must meet the requirements of CRC 5.645. Any costs incurred as a result of contracting with expert witnesses in this manner shall be borne by the requesting party or agency. The Court does not pay for separately retained defense or prosecution experts. Experts must be disclosed at least five court days prior to the hearing.

F. Evaluation/Report by Court Appointed Psychologist.

1. The Psychologist shall conduct an examination in conformance with the requirements of WIC §709(b)(3) which include: a. personal interview of minor, b. review of available records, c. consult with minor’s counsel and any other person who has provided information to the court regarding the minor’s lack of competency, c. gather a developmental history of the minor, e. administer age appropriate testing specific to the issue of competency, f. be proficient in the language preferred by the minor or employ the services of a certified interpreter and use assessment tools that are linguistically and culturally appropriate for the minor

   2. The Psychologist shall prepare a written report which will a. opine whether the minor has sufficient present ability to consult with his or her counsel with a reasonable degree of rational understanding. b. opine whether the minor has a rational and factual understanding of the proceedings against the minor. c. state the basis for these conclusions. d. give the expert’s opinion on whether the minor is likely to attain competency in the foreseeable future (assuming finding of incompetency), e. make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency.

      129 Appendix B

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G. Setting Date for Receipt of Competency Report. A psychologist should be afforded at least 15 court days to complete the evaluation. The 15 day time frame balances the need for speedy resolution of the competency issues, and adequate time to complete an evaluation. In the Court’s discretion the psychologist may be given additional time to complete the evaluation.

The scheduled for Receipt of the Competency Evaluation shall be set 17 court days after the Court initially suspends criminal proceedings and appoints an expert to evaluate the minor’s competency. (Receipts for Competency Evaluations for out of custody minors shall be set within 30 days) The Competency Evaluation Report shall be delivered to the Judge, Probation Officer, District Attorney and Defense Counsel two court days before the Competency Hearing. This will allow all parties to review the report prior to the hearing.

H. Proceedings at Receipt of Competency Report

On the date of Receipt of the Competency Evaluation Report, three things can happen:

1. The parties can stipulate to the findings of the Competency Evaluation Report. If
Petitioner and Defense Counsel stipulate that the minor is competent and the Court
accepts this stipulation, then criminal proceedings are reinstated. If Petitioner and
Defense Counsel stipulate that the minor is incompetent and the Court accepts this
stipulation, then criminal proceedings remain suspended (or are dismissed, see
Section VII B below). The Court need not accept the stipulation. If the Court does
not accept the stipulation of the parties, the Court should set a Competency Trial.
At the trial, the parties could still stipulate to the Competency Evaluation Report
and the Court would make whatever findings the Court deems appropriate at the
hearing;

2. The parties can submit the matter for a court determination based on the
Competency Evaluation Report. The parties would not take a position and leave it
up to the Court to decide. If the Court finds that the minor is competent, then
criminal proceedings are reinstated. If the Court finds that the minor is
incompetent, then criminal proceedings remain suspended (or dismissed see
Section VII B below); or

3. The parties can contest the opinion and set the matter for a Competency Hearing.

If the Court appointed expert opines that the minor is developmentally disabled, the Court shall order the Probation Department to refer the minor to the Director of the Golden Gate Regional Center to further evaluate the minor for eligibility for services.

130 Appendix B

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

VI. COMPETENCY HEARING

A. Timing of Competency Hearing. If the minor is in custody, a Competency Hearing should be set within 15 court days from the Receipt of Competency Evaluation Report, unless there is good cause to extend the time for a short period to accommodate the availability of expert witnesses or to allow for completion of additional evaluations. If the minor is out of custody, a Competency Hearing shall be set within 45 days from the Receipt of Competency Evaluation Report date. De facto good cause would exist for a reasonable continuance if an attorney needs further time to prepare for trial, or to secure his/her own expert to render a second opinion.

B. Trial Judge. There is no requirement that the Competency Hearing be held before the same judge who declared a doubt about the minor’s competence to stand trial. (People v. Hill (1967) 62 Cal. 2d 105, 113, fn. 2; People v. Lawley (2002) 27 Cal.4th 102, 133-134 [Adult cases].)

C. Presumption of Competence; Burden of Proof. The minor is presumed competent. The party asserting the Minor's incompetency bears the burden of proof. (Welfare and Institutions Code §709; In Re R.V. (2015) 61 Cal. 4th 181; Bryan E. v. Superior Court (2014) 231 Cal.App.4th 385.). However, for minor’s under the age of 14 at the time of the commission of the alleged offense, the court shall first make a determination as to the minor’s capacity pursuant to Penal Code§26. WIC§709(c). The burden of proof is by a preponderance of evidence. WIC §709(h)(1)

D. Competency Hearing Procedure:

1. Either counsel may offer an opening statement.
2. Defense Counsel presents evidence of the minor’s incompetence.
3. Petitioner presents evidence of the minor’s competence.
4. Each party may offer rebuttal testimony.
5. Defense Counsel makes final argument, followed by Petitioner.

E. Minor’s Statements in Subsequent Proceedings. Neither statements made by a minor to any evaluator, nor any evidence derived from these statements may be used by the Petitioner to prove its case-in-chief as to the minor’s guilt. (California Rules of Court 4.130(d)(3); People v. Jablonski (2006) 37 Cal.App.4th 774, 802-804; People v. Arcega (1982) 32 Cal.3d 504,520. Statements made during competency examinations may not be used to impeach the minor if he or she testifies at a regular trial. People v. Pokovich (2006) 39 Cal. 4th 1240, 1246-1253.)

F. Express Finding After Competency Trial. The Court must expressly state on the record, either orally or in writing, its determination whether the minor is competent or incompetent to stand trial, as well as the evidence considered and the reasons in support of its finding. (California Rules of Court 4.130(e)(4)(B)).

131 Appendix B

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

VII. PROCEDURE FOLLOWING FINDING OF COMPETENCY/INCOMPETENCY AT COMPETENCY HEARING

A. If the court finds the minor to be competent, the court shall reinstate the proceedings.

B. If the court finds the minor to be incompetent and the petition contains only
misdemeanor offenses, the petition shall be dismissed. WIC §709(f)

C. If the court finds the minor to be incompetent and the petition contains felony offenses:

1. All offenses shall remain suspended for a period of time that is no longer
than reasonably necessary to determine whether there is a substantial
probability that the minor will attain competency in the foreseeable future,
or the court no longer retains jurisdiction and the case must be dismissed.
2. The court may make orders that it deems appropriate for services and rule
on motions that do not require the participation of the minor. WIC§709(e).
3. The court shall refer the minor to services to help the minor attain
competency in accordance with WIC §709(g)(1). Services shall be
provided in the least restrictive environment consistent with public safety.
The goal should be to assist the improvement of the overall functioning of
the minor in addition to answering the narrow issue of competency.

D. New Offenses. Where the minor is alleged to have committed a new offense or violation
of probation, the deputy probation officer should not avoid filing a new notice or petition
merely because there is a pending competency process. The Probation Department should
proceed as if there were no competency process under way, and should not wait until the
next scheduled court hearing. For wards of the court whom have violated conditions of
their probation, the deputy probation officer may make the decision to immediately bring
the minor into custody, which would trigger a detention. The Probation Department can
also choose to leave the minor out of custody and set an immediate hearing if they believe
there is no threat to either the child or public safety.

The minor is presumed to be competent. The minor’s attorney would have to petition the
court for a review of the minor’s current competency. Starting anew by applying this
Protocol to the new petition/notice, the court must make findings. A new Competency
Evaluation may be ordered after consideration of the timing and nature of the alleged
violations. If there is substantial evidence the minor may be incompetent, the new case will
be suspended and the court will order the minor’s treatment for the new alleged offense to
be added to the pending attempt to restore competency. If the court determines there is not
substantial evidence the minor is incompetent, the new case will not be suspended and the
court will proceed with the new underlying juvenile proceedings. The issue of the minor’s
competence on the previously suspended petition/notice will remain as is, until the court
makes a finding regarding competence on that matter.

132
Appendix B

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

Of course a determination by the court on the new case can significantly affect the competency issue on the formerly suspended case because the standard for competency is “current” status of the minor. If the minor is competent on the new case, it is a factor to be considered on the pending competency issue.

VIII. COMPETENCY ATTAINMENT PROGRAM

Where incompetency has been found and services ordered, the Probation Officer will

collect and provide Department of Health and Human Services with the following information:

1. Competency Evaluation;
2. All psychiatric and psychological evaluations;
3. All behavioral health records;
4. Relevant educational records, including Individualized Education Plans, if applicable;
5. Available health and medical information (including medication);
6. All Delinquency and Dependency petitions or notices;
7. A list of all previous referrals to Probation, Human Services Agency and/or Child Protective Services, and reports generated;
8. Name, phone number and email of the Probation Officer, Minor’s attorney and Assistant District Attorney;
9. Location, phone number and address of the minor; and
10. Names, phone numbers, addresses and emails for the parents or guardians for the minor.

A. Initiating Competency Attainment Service:

The court may make orders that it deems appropriate for services to “assist the minor I attaining competency” based on the expert report or other relevant testimony. The court shall order a deputy probation officer to initiate services for the attainment of competence by referring the matter to Golden Gate Regional Center (If the competency assessment indicates it is related to a developmental delay see below) or to Health and Human Services (if competency assessment indicates it is related to another issue). The court may order the responsible person or entity to do specific things, including but not limited to seeking evaluation for eligibility for particular programs or services, or arranging for those services to be provided.

B. Placement of the Minor. Many minors can successfully participate in restoration services while they are living in their homes, attending their regular schools, and participating in their normal activities. Community-based wraparound services may assist in the minor’s progress in attaining competency. The minor may be placed at home or in a §709 placement with Home Detention Orders.

C. Developmentally Disabled Minors. If the minor is developmentally disabled he or she shall be referred to the Golden Gate Regional Center for services. In order for a minor to

133 Appendix B

qualify for these services, the Golden Gate Regional Center must examine and accept the client.

1. If the minor is already a Golden Gate Regional Center client, the assigned
Probation Officer will submit a plan to work collaboratively with Golden
Gate Regional Center staff in order to obtain appropriate community
supports and services.
2. If the minor is not already a Golden Gate Regional Center client, the
assigned Probation Officer will work with the minor's family to facilitate
the completion of a Golden Gate Regional Center evaluation within the 120
days allowed through the application process. If the minor's parent or
guardian is unable or unwilling to participate in this process, the Court will
order the evaluation but designate the minor's attorney or the assigned
Probation Officer to facilitate the arrangements.
3. The assigned Probation Officer will request that the Golden Gate Regional
Center provide progress reports at each court hearing for the minor.

IX. PERIODIC REVIEWS OF REMEDIAL STATUS

A. The court shall review remediation services at least every 30 calendar days for minors in custody and every 45 days for minors out of custody during the remediation period. WIC §709 (g)(1).

B. For minors in custody, the County Mental Health Department shall provide the court with suitable alternatives for the continued delivery of remediation services as part of the Court’s review of remediation services. The court shall consider appropriate alternatives to juvenile hall confinement and make orders necessary to assist with the delivery of remediation services in an alternate setting. WIC §709(g)(1) (A-G) and WIC §709(g)(2).

C. Within six months of the initial finding of incompetency, the court shall hold an evidentiary hearing on whether the minor is remediated or is able to be remediated (absent stipulation to the recommendation of the remediation program). See WIC§709(h)(1) for burdens of proof and presumptions.

D. The court shall consider the factors outlined in WIC §709(h)(5)(A) (B) (C) whenever confinement over six months is being considered.

E. If the court finds the minor has been remediated, the court shall reinstate the proceedings. WIC§709(h)(2)

F. If the court finds the minor has not yet been remediated, but is likely to be remediated within six months, the court shall order the minor returned to the remediation program. The total remediation period shall not exceed one year. WIC§709(h)(3).

G. If the court finds the minor will not achieve competency within six months, the court shall dismiss the petition. The court shall invite persons and agencies to the dismissal

134 Appendix B

hearing (or other agreed upon forum) the following issues and to discuss any services that may be available to the minor.

1. Possible danger the minor presents to himself/herself or the community;

2. A short time to bridge the minor’s return to the community/home and make sure appropriate mental health services are in place;

3. Conservatorship, with an assessment that needs to be completed before dismissal;

4. Civil Commitment, with an assessment that needs to be completed before dismissal;

5. Educational needs before dismissal;

6. Referral to other agencies.

   135 Appendix B

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

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136 Appendix B

APPENDIX - C

MARIN COUNTY

Memorandum of Understanding and Protocol for Duall)"_-Involved Youth

I. Introduction

This Memorandum of Understanding and Protocol is entered into between Marin County Children and Family Services and the Marin County Juvenile Probation Department to establish a collaborative process between the two agencies that complies with Welfare and Institutions Code Section 241.1 and California Rule of Court 5.512. In implementing this protocol, the agencies seek to ensure that youth and families are treated in a manner that is fair, strength- based, and supportive, without compromising youth safety and well-being or public safety.

Welfare and Institutions Code (WIC) Section 241.1 requires that whenever a minor appears to come within the description of both WIC Sections 300 and Section 601 or 602, the county probation department and the county child protective services department shall, pursuant to a jointly developed written protocol, initially determine which status will best serve the interests of both the minor, family, and the protection of society. The recommendation will be made jointly in one report to the juvenile court with the petition that is filed on behalf of the minor, and the Court shall determine which status is appropriate for the minor.

Assembly Bill 120 I Section 241.l(e) Welfare and Institutions Code, authorizes "the probation department and the child welfare services department in any county to create a protocol which would permit a minor who meets specific criteria to be designated as both a dependent child and a ward of the juvenile court, as specified. A minor who is designated as both a dependent child and a ward of the juvenile court would be known as a "dual status child" [AB129 (2004), Cohn].

For the purposes of this document, "juvenile court" includes both Dependency and Delinquency Court. The following Memorandum of Understanding and Protocol will serve as a guide to assist in a coordinated approach to services and handling of both dependents and wards of the court. It cannot be emphasized enough the value to the individual youth, their family, and the community that the coordinated services approach contemplated under Section 241.1 will bring.

Marin County Children and Family Services and the Juvenile Division of the Probation Department both work to strengthen youth and families so that they can be healthy and safe in their community. There are families that have found themselves involved with issues that may touch both the child welfare and juvenile justice systems. When this occurs, Children and Family Services and Juvenile Probation are committed to communicating and coordinating with each other to determine which system, or whether a coordinated Dually-Involved or Dual Jurisdiction approach, will best serve the needs of the youth and family, and which combination of services will help achieve health and safety for all involved.

137 Appendix C

II. Applicability and Amendment

The provisions of this MOU and Protocol are applicable whenever a Social Worker or a Deputy Probation Officer becomes aware that a youth may come within the provisions of both Welfare and Institutions Code 300 and 602. This MOU and Protocol may be amended only by written agreement of its signers or their successors.

III. Screening and Assessment

Definitions: Initial screening and assessment will begin with intake to ensure that juveniles and their families with involvement in the Dual Systems of Child Welfare and Probation are identified and their needs, risks, and safety issues are properly assessed. A. Dual Status Youth: Youth simultaneously adjudicated in both the child welfare and juvenile justice systems, meaning the youth is declared a dependent and a ward of the juvenile court. B. Dually-Involved Youth: Concurrent involvement (diversionary, formal, or a combination of the two) with both the child welfare and juvenile justice systems.

Policy: • Agencies must still seek the least restrictive level of care to meet the needs of the youth, family, and community safety. • 241.1 Protocol will continue to be the process of identification and assessment for Dual Jurisdiction. • Workers will use a model of Structured Decision Making and Risk Assessment to help determine the level of intervention and family services. • Agency staff will work together to address the youth and family needs in a comprehensive, holistic, and collaborative fashion. • The originating agency shall continue to provide case management of the case status while the 241.1 legal determination is being processed through the Court.

Procedure:

1. When youth is working with probation and abuse/neglect is suspected
a. Existing law/rule: Per Rule of Court 5.512, when a child is detained, the Court
may schedule a 241.1 assessment hearing as far out as 15 court days, to occur
before the Jurisdictional hearing. Additionally, notice of the hearing and copies
of the assessment report must be provided to parties 5 days before the hearing.
b. Local procedure: In order to facilitate a more expeditious determination of
which jurisdiction can best meet the child's unique needs, Marin County agrees in
most circumstances to adopt to following local procedure:

138 Appendix C

1. Youth in custody: When a youth is in custody, and a 241.1 assessment is ordered, the joint assessment hearing date will be set out 10 Court days. Notice of the hearing will be given to all parties at least five days before the hearing date. Copies of the joint assessment report will be provided to parties at least two days before the actual hearing. In certain circumstances, the Court may detemine that the joint assessment hearing may need to be set out the full 15 Court days in order to facilitate the completion of a more complex assessment. In this case, the report will be filed with the court five days before the hearing. In the event time is waived, the Probation Department will ask the Court for the maximum time possible to complete the report. 11. Youth not in custody: If a youth is not detained, the 241.1 joint assessment hearing date will be set before jurisdiction and within 30 days of the petition. A copy of the report and notice of the hearing will be given to all parties at least 5 calendar days before the hearing.

2. When youth is working with CFS and comes to the attention of probation a. The Child Welfare Social Worker can request a 241.1 assessment in Court, but must have communicated with Probation Supervisor (473-****) to find out whether the youth has been detained or has an active citation or an open referral that may be cause for probation involvement. The Social Worker, with support of their supervisor, will use Probation to help determine if the legal considerations exist for possible Probation involvement.

3. Completing the 241.1 Report: Procedure a. When a 241.1 assessment is requested in court, the Deputy Probation Officer assigned to the case will notify the CFS intake email list (HHSCFS- Hotline@marincounty.org) as soon as possible during the next business day. The Court will fo1ward a copy of the court minute order to both probation and CFS. The following information is required to be sent regarding the youth, parents, siblings and caregivers (if any): • Names • Dates of birth • Phone numbers • Addresses • Name of school b. The email will also include the youth's history with the Probation Department and the assigned Deputy Probation Officer's name and phone number. This email should convey the facts regarding what the won-y or concern is that makes the Deputy Probation Officer or Public Defender believe that the child may fall under WIC 300. This information is crucial for CFS to be able to identify an allegation

   139 Appendix C

of abuse/neglect. If a detention report is available, this will also be emailed to the CFS Social Worker. Using information in email, CFS Intake staff will create a referral and forward to Emergency Response Supervisor for assignment.

c. Emergency Response Supervisor (or other supervisor as necessary) will assign 241.1 to an ER worker for completion. If the case is currently assigned to a staff person, ER worker will consult with manager about whether this person should be assigned to conduct the 241.1 assessment. ER supervisor will contact the Deputy Probation Officer as soon as possible on the next business day after receipt of 241.1 request and provide them with the contact information of the assigned Social Worker and their supervisor.

d. The Deputy Probation Officer will email the assigned CFS Social Worker and the CFS supervisor the portions of the 241.1 report they completed as soon as possible but no later than 5pm at on the second business day after the Court ordered the 241.1 assessment (see sample court report for who is responsible for which sections). If this timeframe is not possible due to extenuating circumstances, the Probation Officer will contact the Social Worker and inform them as soon as possible. (See Dependency/Delinquency Options below for types of recommendations possible).

e. The Social Worker will contact the Deputy Probation Officer once they are assigned the 241.1 and the Social worker and Deputy Probation Officer will collaborate by phone, and in person if possible. Best practice would be to coordinate a joint home visit, or other in-person meeting with the family.

f. Any 241.1 Assessment will consider the following points: i. Nature of the referral ii. Age of the Minor iii. History of physical, psychological, and sexual abuse (Child Welfare History) 1v. Prior Criminal or Child Welfare Record of the minor's parents v. Minor's prior delinquent record and out of control behaviors vi. Parental cooperation with school vii. Minor's functioning at school viii. Nature of Minor's home environment ix. Family/ Minor history of involvement with service agency / professional community services x. Any services available in the community xi. Any collateral feedback regarding the minor and parents. i.e. Court Appointed Special Advocate. Attorney, other relatives.

g. Workers will use either Structured Decision Making (SDM) and/or the

140 Appendix C

Probation Risk Assessment. and follow the reconm1endations for delivery of service and intervention.

h. Workers will identify whether a single agency, dual-involvement, or Dual Jurisdiction recommendation is appropriate. If a Dual Jurisdiction recommendation is appropriate, a Lead Agency will be identified (see Dependency/Delinquency Options below).

1. The Court, based upon agency recommendations, shall determine the Jurisdiction, level, and type of agency involvement.

J. If CFS and Probation are unable to reach an agreement on the 241.1 recommendation, the Social Worker and Probation Officer will alert their supervisors about the possibility of a need for separate recommendations as soon as they are !mown. Supervisors will contact each other to discuss the different recommendations and determine if there is a possibility of resolving any disagreements. If no resolution can be reached, then each will state their separate recommendations in the joint recommendation section and the court will make the final determination.

k. The CFS Social Worker shall notify the Deputy Probation Officer of their recommendation as soon as it is known. The Social Worker will complete the remaining sections of the report, print it out and obtain required signatures. CFS staff will make arrangements to deliver an original copy of the report to Juvenile Services Center at 4 Jeanette Prandi Way. The Probation Department staff will file the repo1i with the court at least two business days before the court hearing when possible.

1. The Deputy Probation Officer and Probation Supervisor will be responsible for notifying the CFS email (HHSCFS-Hotline@marincounty.org) if a Court hearing is moved ensuring everyone is updated regarding actual hearing dates.

m. The Judicial Officer overseeing the case will request the social worker to attend the 241.1 hearing when necessary. However, if the Probation Department and CFS have not agreed on a recommendation, both the Social Worker and the Deputy Probation Officer will attend the hearing to discuss the matter.

141 Appendix C

IV. Dependency/ Delinquency Options and Court Communication

Definition: Options for type of dual agency and/or dual court involvement. Instructions for case communication based on originating court (Delinquency or Dependency).

Procedure: Either WIC § 300 OR§ 602 status can be recommended under four circumstances:

(1) When a WIC § 300 dependent youth is charged in Delinquency Court;
(2) "When a WIC § 602 youth has a petition filed in Dependency Court;
(3) When a youth is charged in Delinquency Court and child abuse is suspected;
(4) "When termination of WIC § 602 status is sought because the youth has completed
their probation and rehabilitation programs, but their family home is unsafe or non-
existent.

Options for-Dually Involved/Dual Status Recommendation

There are seven possible recommendations:

(1) WIC § 300 dependent status only;
(2) WIC § 602 matter (in 654,654.2, 725(a), or 790 DEJ status) + WIC § 301
voluntary family preservation services
(3) WIC § 602 matter (in 654, 654.2, 725(a), or 790 DEJ status)+ WIC § 300
dependency
(4) WIC § 300/602 dual jurisdiction status (with one agency being deemed the
lead agency)
(5) WIC § 602 ward status+ WIC § 301 voluntary family preservation services
(6) WIC § 602 ward status+§ 300 dependency in post-permanency status "on hold"
until completion of§ 602 matter;
(7) WIC § 602 wardship only

WIC § 300 + § 654/725/790 (forms of formal child welfare involvement but informal probation involvement) status can be recommended when a WIC § 300 dependent youth is charged in Delinquency Court but it is felt his/her § 602 matter can be handled under one of the provisions that provides for probation supervision without adjudication of wardship.

Voluntary Family Preservation Services from Child Welfare can be combined with any of the above probation options.

Probation status terms

WIC 654 Contract:

142 Appendix C

An alternative to f01mal court involvement-no petition filed. This is a six-month contract between the Probation Department and a youth whom Probation believes would come within the Court’s jurisdiction if a petition were filed. Conditions should include referrals to local agencies for treatment/counseling interventions and supportive services. Conditions may also include: drug testing, community service hours, reflective essay, and/or any other conditions the DPO deems appropriate. If after 60 days, the youth is non-compliant with the contract, the Probation Officer may refer to the DA for filing of a petition in Court.

WIC 654.2 Court Informal: 602 petition is filed, but the hearing on the petition is continued to dete1mine whether the matter can be resolved through a program of supervision as described in Section 654 (above) but with Court oversight. The delinquency matter is suspended during this period without the youth admitting to the petition. The youth is to complete the te1ms ordered by the Court, if they do not, then the case must return to Court with the possibility of further entering the criminal justice system.

WIC 725: Non-Wardship Probation (six-month term): The greatest difference between this at1d 654.2 status is that there is an admission/true finding of the petition for non-wardship probation under § 725(a). Aside from this, the conditions of Non-Wardship Probation and informal probation can be the same. A DPO cannot book a youth in Juvenile Hall for violating the tem1s of his/her Non-Wardship probation, but the Court can order the minor into custody (wardship) for failure to abide by the te1ms of his/her probation. However, the process for making the youth a 602 ward is easier in that there is an admission/finding of the petition. Therefore, if the youth does not do well on Non-Wardship probation, it is likely the Court will place them on 602 wardship probation. Note that Non- Wardship probation terms are not available for certain types of serious offenses.

WIC 790 (DEJ): Deferred Ent1y of Judgment is a type of juvenile probation where a minor admits committing a felony offense. Judgment is deferred, or "not entered." The minor is then placed on probation for one to three years and ordered to perform ce1iain tem1s and conditions (Felony Diversion). DEJ is not available unless statutory criteria are met.

WIC 602 Wardship (at least one year term): Wardship probation has two categories: custody retained (child still resides with parent, but court can detain youth and place in juvenile hall at any time) and custody removed from the parents.

Custody Retained: Most of the wards in juvenile probation fall into the first category since DPOs do not ask that custody be removed unless the DPO is recommending out-of- home care. Wardship allows DPOs to file a petition with the court asking the youth to be detained in Juvenile Hall for non-compliance. This occurs either by booking the youth, using the VOP scale, and then preparing a Violation of Probation petition under 777(a)(2). The petition is completed as soon as the youth is booked along with a Short Detention Form. A 777(a)(2) petition can also be filed with the court while the minor is still out of custody; the DPO recommends to the court how they would like the petition handled.

143 Appendix C

Custody Removed: When physical custody is removed from parents and youth is ordered placed out of the home, the youth generally is placed in a Short-Term Residential Treatment Program (STRTP) or a Resource Family home. A youth can complete a STRTP in as little as six months and must demonstrate they have made substantial progress toward rehabilitation and are able to either return home, step down in the continuum of care, or transition into Non-Minor Dependent status.

Inter-Court Communication

If the originating court (Delinquency or Dependency), upon receipt of a joint assessment for dual status youth, decides that the youth should only be on the opposite status (e.g. delinquency court determines minor should be served through dependency system) , the originating Court will dismiss their case and send a copy of that minute order to the alternate Court.

If the result of the 241.1 Hearing is that dual status pursuant to WIC § 300/602 is appropriate, the Court will order which agency should be "lead agency" and document that finding in the minute order. On a case-by-case basis, the lead Court shall determine whether to suspend proceedings and vacate any future Court appearances in the non-lead Court, or whether hearings in the non- lead Court will continue concurrently with lead Court hearings.

A copy of the minute order will be sent by the lead Court clerk to the non-lead Court clerk.

Court Findings and Orders

See Attachment A :

If Dependency is lead court, the probation officer will have the necessary probation N forms forwarded to the CFS social worker before the court report must be filed.

If Delinquency is the originating court, the CFS Social Worker will send the necessary Dependency JV forms to the Probation officer before the court report must be filed.

144 Appendix C

V. Case Planning and Supervision

Definition:

Innovative, family centered, and collaborative case planning will produce positive results to decrease risk of delinquency and dependency involvement.

Policy:

Every effort will be made to unify the Case Plans from Probation and CFS. The dual jurisdiction responsibility for individual case workers should include: a) Medical Care b) Mental Health Services c) Dental Care d) Visitation between the child and family e) Educational Services f) Emancipation Planning g) ILP Planning h) Community services i) Substance abuse counseling and treatment j) Collection of restitution k) Conditions of Probation and Dependency Orders

Individual and Team responsibility for the above will vary and be determined by the needs of the child, family, case plan, community safety, and positive outcomes. Collaboration, communication, and interaction between workers are necessary for ongoing assessment of case needs and service delivery. Every effort should be made to keep this process family-centered and strength- based.

Lead agency responsibilities:

• Placement
• Case management and coordination of service delivery with the non-lead agency
• Attend Court hearings (or by agency represented staff)
• Writing and submitting Court reports
• Complying with the mandates of WIC 300 and WIC 602 hearings, Division 31 and
Title IV-E regulations
• Completing monthly face-to-face contacts with the minor and family
• Maintaining monthly (at minimum) contact with the non-lead agency worker to
confer/collaborate on progress of case, assessments and recommendations

Non-lead agency responsibilities:

• Assigning secondary worker/officer to the case
• Coordinating service delivery with lead agency worker/officer
• Be available to attend Court hearings if requested

145 Appendix C

• Writing and submitting assessment for Court reports to the primary worker/officer no later than 5 days before the report must be filed. • Complying with the mandates of WIC 300 and WIC 602 hearings, Division 31 and Title IV-E regulations, including writing reports as required for any concurrent non-lead court hearings • Maintaining monthly (at minimum) contact with the lead agency worker to confer/collaborate on progress of case, assessments and recommendations • Sharing all necessary information and documentation including, but not limited to birth certificate, immunization records, social security card, etc. to aid in out-of-home placement (This information shall be provided within three (3) workings days after dual status is designated by the Court if available)

Procedure and Documentation:

• Lead agency will determine lead case worker and will maintain primary responsibility for
case planning, placement visits, court hearings, court reports.
• Workers from each agency will coordinate to ensure that placement visits are done
jointly when a possible.
• Supervision as to conditions of Probation will be responsibility of assigned DPO.
• If disagreements and or differences arise regarding services and case planning, the case
will be reviewed with CFS supervisor and Probation Supervisor through a Team
Conference. Should the supervisors not be able to negotiate an outcome, the case will be
referred to the respective CFS and Probation Department Directors.
• Workers will meet on a monthly basis to dete1mine the ongoing case needs and
facilitate reunification when appropriate.

Client contacts and services shall be provided and documented by both agencies in adherence to their Department's policy regarding face-to-face contacts. All contacts made by the lead and non- lead agency shall be documented in their respective databases. Probation Officers are required to enter data into Odyssey CMS and to enter placement contact and service notes into Child Welfare Services/Case Management System (CWS/CMS). The Child Welfare Social Worker will enter their contact notes into CWS/CMS

A quarterly update will be submitted to the 241.1 management team by each supervisor who has 241.1 cases assigned to their team. This report will include: a) Documentation of collaboration/ communication. b) Any updates to unified case plan c) Update on placement and progress toward goals

Non-MinQLDependents: Case planning and Supervision

For dual status youth, pursuant to the existing MOU, the lead agency will maintain responsibility for placement and supervision of the NMD under EFC unless another arrangement is determined by mutual agreement of CFS and Probation to be in the best interest of the child.

146 Appendix C

When a dual-juris youth is about to qualify for services under AB12, the two agencies will re- assess whether the youth would continue to benefit from Dual Status. If the youth would be better served by a single agency, this recommendation will be made with preference for the agency that originated the case to retain it.

If the dual status youth has not met his/her rehabilitative goals by his/her 18th birthday, the probation department may keep the youth under 602 Status and not transition him to NMD status if this will best meet the youth's needs.

If the Social Worker and Probation Officer do not agree on a recommendation to the Court about AB 12 Status and which agency should continue services, their supervisors will meet and try to resolve to a joint recommendation, and if this is unsuccessful it will be resolved at the Division Director level.

Case Management when NMD becomes subject to Adult Probation: When a Non-Minor Dependent becomes subject to adult probation supervision, it does not change the non-minor's ability to participate in EFC and it does not change the agency responsible for the case management services of the Non-Minor Dependent.

Re-Entry: If the NMD exits (opts out) EFC and then decides to re-enter (opts in) EFC, a previously dual- jurisdiction non-minor dependent can state their preference as to which agency will supervise them, with the ultimate decision lying with the court.

147 Appendix C

VJ; Data Collection and Reporting { Definition: Data collection and reporting is a critical clement of the County Dual Jurisdiction agreement.

Policy: Pursuant to AOC requirements, data will be collected and maintained by CFS and Juvenile Probation.

Procedure: For CFS Lead or Probation youth in placement, follow these instructions on CWS CMS Data Entry, Click on the Client Notebook, ID tab, the worker will enter one of the following options:

-Dep 300 recv Prob Svcs -Dual Status Chl W elfLead -Dual Status Prob Lead -Ward 601/602 Rev CWS

The first option, Dep 300 Recv Prob Svcs, would be indicated ifa dependent is receiving infolmal probation services. The final option, Ward 601/602 Recv CWS should be selected ifa Ward is receiving Voluntary Family Maintenance Services. Start and end dates should be entered, with no ovedapping dates.

(

148 Appendix C

Attachment A

Supplemental Order for Dual Jurisdiction Youth

PETITIONER OR ATTORNEY PHONE: 473-2200 DEPARTMENT OF HEALTH AND HUMAN SERVICES DCFS#: DIVISION OF CHILDREN AND FAMILY SERVJCES WKR#: 3250 KERNER BLVD. SAN RAFAEL, CA 94901 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN 3501 CIVIC CENTER DRIVE, SUITE 113 [Court use] SAN RAFAEL, CA 94903 Child's Name: Click or tap here to enter text.

SUPPLEMENTAL ORDER FOR YOUTH UNDER DUAL Case Number: JURISDICTION Click or tap here to enter text. Welf. & Inst. Code§ 241.1

On Click or tap to enter a date. this matter came before the Juvenile Court, sitting as□delinquency
court □ dependency court.
The Court finds and orders:
The above-named youth was made a dual-jurisdiction youth on: Click or tap to enter a date.
This Court is□ lead court □ non-lead court making orders for the care, supervision, custody,
conduct, maintenance, and support of the minor.
Pursuant to Marin County protocol for dual-jurisdiction youth, if this Court is the lead court
{leave blank if not applicable}:
1. □ This Court has made orders regarding the placement of the minor.
D Title !Ve findings for the minor's out-of home placement, if necessary, were
made on:
Click or tap to enter a date. □or are now made on the record.
D This Court has adjudicated any petitions filed under Welf. & Inst. Code Section
387 or 777 requesting
more restrictive placement of the minor.
2. D This Court has made any necessary orders regarding parental custody as to the minor.
3. □ This Court has made all necessary orders regarding Special Immigration Juvenile Status
4. □ If the youth is a non-minor, this Court has made all necessary orders related to the non-
minor's AB12/Extended
Foster Care Status.
5. D This Court has reviewed and approved the minor's Independent Living Program and case
plan.
6. D This Court has made all necessary orders for the minor's medical, dental, and psychological
treatment.
7. D This Court has made any necessary orders permitting the minor to travel as requested by
the Lead Agency.

Other findings and orders as follows:

8. D If the delinquency court/Probation Department are the lead court and agency and minor's
wardship terminates prior to the next dependency Status Review hearing under Welf. & Inst. Code

149 Appendix C

§ 366.21, § 366.22, § 366.25, § 366.3 or Selection and Implementation Hearing under§ 366.26, the Department of Children and Family Services shall become the lead agency. Care and custody of the minor is vested with the Department of Children and Family Services for placement in: D Approved home of a relative or NREFM; □ Resource family home; D Transitional housing program; D Short-Term Residential Treatment Program; D Other placement order

9. If the minor is in custody, parent/guardian visitation shall occur in accordance with facility rules and regulations and under the direction of Juvenile Probation. D Visitation with would be detrimental to the minor based on facts stated on the record. D Other visitation or contact orders as follows:

10. D The minor is the subject of a sustained Welf. & Inst. Code Section 300 petition and is a dependent of the Court in Post-Permanency Status. The next Post-Permanency Review hearing under§ 366.3 is calendared on: Click or tap to enter a date. The minor was adjudicated a Welf. & Inst. Code Section 602 ward of the juvenile court on Click or tap to enter a date. Pursuant to Marin County protocol for dual-jurisdiction youth, the dependency matter is suspended until earlier of the time the minor's wardship is completed or the Court otherwise determines the dependency matter shall resume. This matter is set for further hearing on at am/pm for status update.

11. Other orders as follows:

Date:

HON. JUDGE OF THE SUPERIOR COURT

150 Appendix C

Marin County Memorandum of Understanding and Protocol for Dually"Involved Youth ( Signature Page

,,,., ••or le Beverly K. Wood (date)
sid ng Judge of the Marin County Juvenile Court
, Marin Co1.U1ty Supe1ior Court

C e ro a on teer Marin Co1.U1ty Probation Department

Eric Olson (date)
Director o f Probation Services
Marh1 County Probation Department

(date)
Social Sel'vices Division Director
Maritt Co1.U1ty Departtnent of Children and Family
Services

151 Appendix C

152 Appendix C

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

ACCOUNTS (see PROBATE PROCEEDINGS) ATTORNEYS FEES attorneys for conservators and guardians, 6.75F ADMINISTRATION OF CIVIL LITIGATION, attorneys for trustees, 6.74D 2.3 – 2.6 conservator, order appointing, 6.57D case management conferences, 2.4 decedent’s estates, compensation, 6.71-6.76 defaults, (this index) defaults (family law), 7.27A ex parte applications (this index) dependency, parents/minor, 5.2D forms issued upon filing of complaint, 2.3 family law cases (uncontested), 7.27A law and motion (this index) petition to establish fact of death, 6.50E responsive pleading, 2.6 sanctions (this index) BENCH WARRANTS, 3.4 settlement conferences (this index) summons and complaint, service of 2.5 BOND (see PROBATE PROCEEDINGS) remote appearances (this index) BROKER’S COMMISSIONS (see PROBATE AFFIDAVITS (see DECLARATIONS) PROCEEDINGS)

APPEALS CHILD CUSTODY/VISITATION/SUPPORT dismissal, 8.4 (see FAMILY LAW PROCEEDINGS) motions, 8.5 record on appeal - civil matters, 8.6 CITATION OF RULES record on appeal - felonies and misdemeanors, civil, 2.1 8.7 family law, 7.1 record on appeal - infractions, 8.8 felony & misdemeanor, 3.1 general and administrative, 1.1 APPLICATION OF RULES infraction, 4.1 appellate, 8.1 civil rules, 2.2 CIVIL RULES, 2.1-2.23 family law rules, 7.2 CONSERVATORSHIPS (see PROBATE APPLICATIONS PROCEEDINGS) ex parte (this index) CONTINUANCES APPOINTMENT OF COUNSEL case progress conference (family), 7.5D child, for (family law), 7.18A infraction, 4.5, 4.6 conservatees, 6.63 law & motion (civil, non-family), 2.9B juvenile hearings, 5.1F ASSIGNMENT OF CASES law & motion (family law), 7.10 criminal matters, 3.2 probate matters, 6.2B, 6.5D domestic violence, 7.7 settlement conference(family), 7.23D family law generally, 7.3 small claims, 2.19 infraction, 4.3 juvenile cases, 5.1A, 5.6 COURT COLLECTIONS, 3.16, 4.9 minor’s compromise, 2.16D COURT REPORTERS, 1.18 ATTORNEYS family, 7.33 competency, 5.2 complaints concerning,5.2E, 7.18B DECLARATIONS conduct of, 1.2 compensation, 6.72B, 6.74, 6.75 court appointed (see APPOINTMENT OF doctor’s declaration (conservatorship), COUNSEL) 6.57E, 6.59B education and training, 5.2B Extraordinary compensation, 6.72B juvenile proceedings (this index) income and expense, 7.13A late appearances, 1.4 minor’s interest or right, notice of, 5.3 modification of support, 7.14D non-resolution, discovery, 7.16H

153 Index – 7/1/26

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

DECLARATIONS (continued) EX PARTE APPLICATIONS orders shortening time (family law), 7.6C civil litigation (non-family), 2.12 physician’s declaration, 6.57E, 6.59B domestic violence, 7.7 support calculations, 7.13D family law, 7.6, 7.7 supporting declaration, elisor, 7.35B juvenile, 5.1D uncontested judgments, 7.26, 7.27 probate, 6.3 uninsured motorist, 2.18A FAMILY LAW PROCEEDINGS DEFAULTS administration of, 7.1-7.7 entry of, 2.6B assignment of cases (this index) family law generally, 7.27 attorney’s fees and costs, 7.13, 7.25B(7), 7.27A case resolution, 7.5 DISCOVERY child & spousal support proceedings, 7.14, 7.27 deposition (family law), 7.15 computer software, court use of, 7.14A discovery facilitator program (civil), 2.13, 6.4 financial information, 7.13 discovery facilitator program (family), 7.16 modification, 7.14D juvenile court, 5.1C, 5.1M support calculations 7.13D motions (civil), 2.7B temporary spousal support, 7.14B time-share calculations, 7.14C DISMISSAL OF CRIMINAL CONVICTION, child custody/visitation, 7.17-7.21 3.13 appointment of attorney for child, 7.18A child custody recommending counseling,7.17 DOCUMENTS (see also FORMS) criminal protective order, 7.17B approval of minor’s compromise, 2.16A recommendations and testimony, 7.17J digital signatures, 1.15 parenting coordinator, 7.21 estate planning documents, transfer of, 6.52 supervised visitation, 7.20 financial information, 7.13 default, 7.26 issue conference, 2.15 discovery (this index) law & motion, civil (non-family), 2.7, 2.8 documents/exhibits, 7.8 law & motion, family law, 7.8 evaluation of child, 7.19 local forms, required family, 7.17G ex parte matters and orders, 7.6, 7.7 minors, proceedings involving, 2.16 family law facilitator, 7.29 – 7.31 settlement conference statement, 2.14B, 6.5B 7.24, disqualification protocol, 7.30 7.25 general, 7.29 spousal property petition (probate), 6.6 grievance procedure, 7.31 support calculations, 7.13D DOMESTIC VIOLENCE, 7.7 financial information, 7.13 hearings (this index) ELECTRONIC DEVICES, USE OF, 1.7 judgments, (this index) attorney’s fees (this index) ELECTRONIC FILING, 1.51 by declaration, 7.26 default, 7.26-7.28 ELECTRONIC RECORDING, community/separate property, 7.27E Use of laptops or other devices, 1.7 support, child/spousal, 7.27A-C Use of electronic recording (court reporters) visitation, 7.27D 1.18B uncontested, 7.26-7.27 law & motion (this index) ELECTRONIC RECORDS, 1.50 orders, (this index) settlement (bench/bar) conferences (this index) EXHIBITS spousal support (see child & spousal support) discovery, Family 7.15C trial readiness conferences, 7.22 issue conference, 2.15B trial setting conference, 7.23C law and motion Family, 7.8 probate, 6.2B FAMILY LAW RULES, 7.1-7.35 small claims, 2.20

154 Index – 7/1/26

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

FEES oral argument, 2.10B, 7.12C attorney’s fees (this index) probate proceedings generally, 6.2 child custody, evaluator, 7.13J tentative rulings, 2.10, 6.2D, 7.12A-D child custody counselor, subpoena, 7.17J compensation in probate cases (see PROBATE INFRACTION PROCEEDINGS PROCEEDINGS) adjudication of miscellaneous matters, 4.8 copies of court records, 1.10 appeals, 8.6 court investigator, assessment of, 6.60D alternate procedures for judicial review, 4.7 court file retrievals and viewing, 1.8 arraignments, 4.4 court records research, 1.9 continuances, (this index) discovery facilitator, 2.13F court sessions, traffic, 4.3 payment of, 1.12, 1.13 court collection program, (this index) filings, 4.2 FELONY & MISDEMEANOR PROCEEDINGS INFRACTION RULES, 4.1-4.10 adding cases to calendar, 3.11 application of overpayments, 3.9 INTERPRETERS bench warrants, (this index) court interpreters, 1.5 community service work, request, 3.17 juvenile cases, 5.1I complaints, filing of, 3.3 remote appearance, 1.53 court collection, 3.16 dismissal of criminal conviction, 3.13 INVENTORY AND APPRAISAL (see electronic recording, 1.7, 1.18B PROBATE PROCEEDINGS) guardians ad litem, 3.12 letter pleas, misdemeanors, 3.5 JUDGMENTS modification of terms and conditions of family law, 7.26-7.28 misdemeanor probation, 3.18 motions, 3.6-3.8 JURY consolidation, 3.8 jurors, qualification and selection, 1.17 dismiss, 3.7 commissioner, 1.17A filing and service of papers, 3.6 excuse from jury service, 1.17D petition, mental health diversion, 3.19 postponement from jury service, 1.17D protective orders, 3.15 qualification and summoning, 1.17C trial readiness conferences, 3.10 source lists, 1.17B term of service, 1.17E FELONY & MISDEMEANOR RULES, 3.1-3.19 JUVENILE RULES, 5.1-5.8 FORMS (see also DOCUMENTS) local forms list, App. A-B JUVENILE PROCEEDINGS attorneys, 5.2 GENERAL AND ADMINISTRATIVE complaints against, procedures for, 5.2E 1.1 – 1.52 delinquency, minimum training, 5.2B dependency, minimum training, 5.2A GUARDIANSHIPS (see PROBATE general rules, 5.1 PROCEEDINGS) adding matters to calendar, 5.1G assignment of cases/calendars, 5.1A HEARINGS continuances, 5.1F civil law & motion (non-family), 2.9 discovery (this index) continuances (this index) ex parte (this index) criminal arraignment dates, 3.3 filing requirements, 5.1B domestic violence, remote appearance, 7.7A interpreters (this index) family law & motion, 7.12 parent in custody, 5.1J family law & motion, dates, 7.9 settlement conferences (this index) juvenile proceedings, 5.1 dependent child’s interest or right, 5.3 minors, interest or right of, 5.1E

155 Index – 7/1/26

MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES

LAW & MOTION ORDERS appellate 8.5 civil (non-family), 2.11 civil (non-family), 2.7-2.11 custody modification, juvenile court, 5.4 continuances (this index) disbursement of funds, 1.14 copies of papers, 2.8A, 2.8B domestic violence, 7.7 discovery facilitator program, 2.13 ex parte matters, civil, 2.12 ex parte applications, 2.12 (this index) ex parte matters, family law, (this index) form and format of papers, 2.7 ex parte matters, probate, 6.3 hearings, 2.9 (this index) minors’ funds, 2.16C, 6.41, 6.56B orders, 2.11 (this index) proposed orders, submission of, 6.2C shortened time, 2.8D, 2.12 accounts, in general, 6.31 shortened time, unlawful detainer, 2.17C extraordinary compensation, 6.72F tentative rulings, 2.10 referees, 6.21 family law, 7.8-7.14 shortening/extending time, 7.6C child & spousal support proceedings,7.14 unlawful detainer, 2.17B continuances (this index) withdrawal of funds, guardianship 6.55, 6.56C financial information, 7.13 format of supporting documents, 7.8 PROBATE PROCEEDINGS hearings, (this index) accounts, 6.31 – 6.34 hearing dates, 7.9 blocked, 6.55 length of hearings, 7.12D bonds, 6.32 off-calendar, 7.11 conservatorship proceedings, 6.58, 6.60 oral argument, 7.12C generally, 6.31 tentative rulings, 7.12A guardianship proceedings, 6.54F felony & misdemeanor proceedings (this index) substituted judgments (trusts), 6.70 probate, 6.2 trustee’s first account, 6.33, 6.68 waiver of, 6.34, 6.67 MEDIA COVERAGE, 1.6 bond, 6.15-6.19 application, 6.15 MEDIATOR COMPLAINT PROCEDURE, modification, 6.18 7.17K reducing, 6.17 special administrators, 6.19 MINORS waiver of, 6.16 appointment of counsel, 7.18A broker’s commissions, 6.27A(2), 6.30 assets, use of, 6.54J claims, 6.24-6.25 attorney representation (juvenile court), 5.2 compensation, 6.71-6.76 child custody/support/visitation (see accounting/bookkeeping expenses, 6.71C FAMILY LAW PROCEEDINGS) apportionment of, 6.73B children and minors in court, 7.17H attorneys fees, (this index) compromise of minor’s claim, 2.16 conservators, for 6.75 deposit money, orders to, 2.16C, 6.56B costs, reimbursement of, 6.71E distribution to, 6.41 declarations, 6.72B, 6.74D, 6.75F funds, disposition of, 6.55 6.56 extraordinary, 6.72, 6.73C guardians ad litem, appointment of, 3.12, 5.3C guardians, for, 6.75 guardianship, appointment of, 6.53, 6.54 partial allowance of, 6.73 juvenile cases (JUVENILE PROCEEDINGS) procedures for obtaining, 6.76 sale of real property, 6.71D MOTIONS statutory, 6.71, 6.73A appellate, 8.3 tax related services, 6.71C civil law & motion (see LAW & MOTION) trustees, for, 6.74 criminal (see FELONY & MISDEMEANOR will, provided in, 6.74C PROCEEDINGS) conservatorships, 6.53, , 6.57-6.63 family law & motion (see LAW & MOTION) accounts/reports in, 6.60 in limine, 2.15B, 3.10 attorneys, court appointed, 6.63 conservators appointment of, 6.57B

156 Index – 7/1/26

compensation to, 6.75 orders (this index) general plan, 6.57I sales of estate property, 6.26-6.30 PROBATE PROCEEDINGS (continued) broker’s commissions, 6.30 limited, 6.57G condominiums/cooperatives, 6.27C medical authorization, 6.59 generally, 6.26 notice, 6.3E,6.53D, 6.58 personal property, 6.27 powers, additional, 6.57C private sale, 6.29 powers, temporary, 6.53E real property, 6.28 professional, 6.57F securities, 6.27B sales by, 6.58D, 6.61 settlement conferences, 6.5 termination of, 6.62 spousal property petition and election, 6.6-6.8 LPS conservatorships, 6.77 status reports, 6.48 temporary, 6.53 guardianships, 6.54G death, establish fact of, 6.50 telephone appearances, 1.20 declarations (this index) trusts, 6.64-6.70 discharge, obtaining final, 6.49 trustee’s first account, 6.68 distribution of probate estate, 6.35-6.46 waiver of account, 6.67 agreements, 6.39A wills, petition for probate of, 6.10 assignments, 6.39B deletions or interlineations, 6.14 conservatorships, persons under, 6.40 lost or destroyed, 6.13 disclaimers, 6.39C proof of, 6.12 final distribution, 6.37-6.38 guardianships, persons under, 6.40 PROBATE RULES, 6.1-6.77 heirs/beneficiaries, 6.43-6.45 minors, to, 6.41 RECORDS, PUBLIC ACCESS TO, 1.19 notice requirements, 6.35 preliminary distribution, 6.36 REFEREES taxes, 6.38F, 6.38G probate, 6.21 testamentary trustees, to, 6.42, 6.69 ex parte matters, 6.3, 6.77 REMOTE APPEARANCES, 1.20 family allowance, 6.47 interpreter notice, 1.53 guardianships, 6.53, 6.54 compensation for guardians, 6.75 SANCTIONS investigative reports, 6.54C administration of civil litigation, failure to notice, 6.53D, 6.54A comply with rules, 2.21 temporary, 6.53 case management conference, attendance, 2.4 withdrawal of funds, 6.55 conduct of attorneys, 1.2 hearings, procedures generally, 6.2 financial account information, 1.21 appearances, 6.2D late appearances, 1.4 continuances, 6.2B, 6.4D (this index) motions, 2.10D ex parte, 6.3B proof of service, failure to return, 2.5B objections, 6.2E settlement conferences, 2.14D, 7.24B telephone appearances, 1.20 timely file, failure to, 6.2B(5) heirs/beneficiaries, distribution to, 6.43-6.45 identity of, petition to establish, 6.51 SETTLEMENT CONFERENCES Inventory and appraisal, 6.20 -6.23, 6.54E, civil (non-family), 2.14, 2.17A 6.60A issue conference, 2.15 bond, sufficiency of, 6.22 unlawful detainer, 2.17A due date, 6.20B settlement conference statement, 2.14B objections, 6.23 family law, 7.17F, 7.22-7.25 preparation, 6.20A attendance, 7.23B referee, appointment of, 6.21 bench bar, statement generally, 7.24 letters of administration, 6.9-6.11 bench bar, statement form and contents, 7.25 minors (see MINORS) panel, 7.23A miscellaneous petitions and orders, 6.47-6.52 settlement conference, 7.23 notices, decedent’s estate, 6.11 settlement (bench/bar) statement, 7.25

157 Index – 7/1/26

juvenile, 5.1K probate, 6.5 continuance policy, 2.19 exhibits, 2.20

SPOUSAL SUPPORT (see FAMILY LAW PROCEEDINGS)

STIPULATIONS case progress conference, continuance, 7.5D(4) discovery facilitator program, participation in, 2.13B(1), 7.16A default set aside, civil (non-family), 2.6B(3) law and motion, continuance, 2.9B parenting coordinator, 7.21 prohibition of dissemination of report, 7.19F responsive pleading to, 2.6 service of, 2.5

TENTATIVE RULINGS (see HEARINGS)

TIME LIMITS calendar, adding cases, 3.11 court reporter, request for, 1.18A, 1.18C filing papers/documents felony & misdemeanor complaints, 3.3 felony and misdemeanor motions, 3.6 inventory and appraisal, 6.20B issue conference statement, 2.15C letter pleas, 3.5 responsive pleading, 2.6 service of summons/proof of service, 2.5 settlement conference statement, 2.14B, 6.5B trial readiness conferences, 3.10 infraction cases, continuances, 4.5, 4.6 oral argument/testimony, requesting, 2.10B, 6.2D small claims cases, continuances, 2.19

UNINSURED MOTORIST CASES, 2.18

UNLAWFUL DETAINER, 2.17 Calendaring demurrers and motions to strike, 2.17C

WILLS (see PROBATE PROCEEDINGS)

158 Index – 7/1/26