When one of the personal injury cases we handle needs a lawsuit and the injury happened in Marin County, or a defendant lives there, the Marin County Superior Court is a proper court for it (Code of Civil Procedure 395). Several of the court's local rules are stricter than the statewide rules; this guide covers them, each from the official source listed at the end.
For the Marin offices a case involves before it reaches court, such as the CHP, the County's claims clerk and the coroner, see our page on personal injury cases in Marin County.
What happens in a Marin injury lawsuit, step by step?
- Filing. The complaint can be filed in person in Room 113, by mail, or through eFiling. The court says eFiling is mandatory for parties who have lawyers; people representing themselves are encouraged, but not required, to use it. At filing, the clerk gives the plaintiff a notice naming the assigned judge, a notice of the first case management conference, and a file-stamped summons and complaint (Marin County Rule, Civil 2.3).
- Service. The plaintiff serves the summons and complaint together with those notices, a blank case management statement (form CM-110) and a blank Notice of Settlement of Entire Case (form CM-200), and files proof of service within 60 days of filing (Marin County Rule, Civil 2.5; California Rules of Court 3.110(b)). The statewide rules also require serving the court's ADR information package with the complaint (Rules of Court 3.221(c)).
- Response or default. A defendant has 30 days after service to respond (Code of Civil Procedure 412.20), and the parties may agree to one 15-day extension without asking the court (Rules of Court 3.110(d)). If nothing is filed, the plaintiff must request entry of default within 10 calendar days after the time runs out (Marin County Rule, Civil 2.6).
- First case management conference. Marin sets it no later than 180 calendar days after the complaint is filed (Marin County Rule, Civil 2.4). Notice must come at least 45 days ahead, and each side files a case management statement at least 15 calendar days before it (Rules of Court 3.722 and 3.725).
- Discovery and motions. The sides exchange evidence, and discovery disputes go to the court's Discovery Facilitator Program (Marin County Rule, Civil 2.13).
- Settlement conference. The court holds a mandatory settlement conference in every case where a jury trial has been demanded, and in others at its discretion (Marin County Rule, Civil 2.14).
- Issue conference and trial. Before trial, the trial judge holds an issue conference to settle witnesses, exhibits and jury materials (Marin County Rule, Civil 2.15). A case must be brought to trial within five years after it is commenced against the defendant (Code of Civil Procedure 583.310).
Where do I go in the Hall of Justice?
| What you need | Office or line | Where and when |
|---|---|---|
| File papers in a civil case | Civil Clerk's Office, (415) 444-7040 | Room 113; 8:00 AM to noon and 1:00 PM to 4:00 PM |
| Ask about mediation, arbitration or a settlement conference | ADR Coordinator, (415) 444-7040, option 6 | Room 113, same hours |
| An urgent (ex parte) order | Civil ex parte line, (415) 444-7044 | Heard Monday to Friday at 9:00 AM in Courtrooms A, H and L |
| A tentative ruling before a motion hearing | Online, or (415) 444-7260 | 2:00 PM to 4:00 PM on the court day before the hearing |
| Look at a case file | Court Records, (415) 444-7080 | Room 113 |
| Free help for people without a lawyer | Legal Self Help Center, (415) 444-7130 | Room C-44; walk-in 8:30 AM to noon, Tuesday to Thursday |
The court's street address is 3501 Civic Center Drive, San Rafael. Parking at the court is free all day; for accessible parking, the court directs drivers north on Civic Center Drive from North San Pedro Road and left onto Vera Schultz Drive, then under the building. If you come by train to SMART's Marin Civic Center station, SMART notes that its riders may not park on Civic Center property, and points them to free street parking on McInnis Parkway and Merrydale Road.
What do Marin's local rules add to the state rules?
| Stage | Statewide rule | What Marin adds |
|---|---|---|
| Judge | The court sets an initial case management conference (Rules of Court 3.722(a)) | One judge is assigned for all purposes when the case is filed (Civil 2.2) |
| Service | Proof of service within 60 days (Rules of Court 3.110(b)) | Five listed documents go with the summons; a missed date brings an order to show cause about sanctions (Civil 2.5) |
| First conference | Notice at least 45 days ahead (Rules of Court 3.722(b)) | Set no later than 180 calendar days after filing; the court may sanction parties who do not attend (Civil 2.4) |
| Default | Request entry of default within 10 days (Rules of Court 3.110(g)) | If not requested, an order to show cause issues at the first conference (Civil 2.6) |
| Discovery disputes | A meet and confer declaration with the motion (Code of Civil Procedure 2016.040) | Every discovery motion is referred to a volunteer facilitator (Civil 2.13) |
| Settlement conference statement | Due 5 court days before (Rules of Court 3.1380(c)) | Due at least 10 court days before, with extra contents; $99 a day for late statements (Civil 2.14) |
How do settlement conferences work in Marin?
A mandatory settlement conference is held in every case where a jury has been demanded. Under the statewide rule, each side's statement must include a good faith settlement demand or offer and an itemization of economic and noneconomic damages for each plaintiff (Rules of Court 3.1380(c)). Marin asks for more. The statement is lodged at least 10 court days before the conference, notes the conference and trial dates on its face sheet, and includes, where they apply, highlighted excerpts of medical reports, depositions, photographs and records; the highest previous offer and lowest previous demand; the date of the last face-to-face settlement talk; and any special barriers to settlement. The court may impose a sanction of $99 for each calendar day a statement is late (Marin County Rule, Civil 2.14).
Attendance is personal. Lead trial counsel must come, along with a client representative with full settlement authority, and in cases involving third-party payors, a representative with full authority from each of them; exceptions need the court's written approval in advance. The court's ADR page says civil settlement conferences are heard in the department assigned to the case, and it recruits volunteer attorneys to serve as settlement conference panelists.
The court also describes mediation, arbitration and neutral case evaluation as part of its ADR program, with a list of local ADR attorneys and volunteer court-appointed arbitrators. For people with limited means, it points to the Marin County Bar Association's Modest Means Mediation Program.
How are discovery fights handled?
Marin requires lawyers to try in good faith to resolve each discovery issue before filing a motion, and it makes the Discovery Facilitator Program its standard path when they cannot. The parties may ask for a facilitator before a motion is filed, by filing a stipulation; after a motion is filed, the court refers the dispute automatically. The ADR Coordinator draws names at random from a panel of lawyers licensed at least 10 years or retired judges, one more name than the number of sides, and the sides have 10 calendar days to agree on one or each strike one. The facilitator gives up to two hours free. If the dispute does not resolve, each party files a Declaration of Non-Resolution of no more than three pages at least five court days before the hearing (Marin County Rule, Civil 2.13).
Depositions are a large part of discovery in an injury case. Our guide on how to prepare for a deposition explains what that day involves.
What happens at motion hearings and at the issue conference?
The clerk assigns a hearing date when a motion is filed; dates cannot be reserved by phone. Tentative rulings are posted online, or given by phone at (415) 444-7260, from 2:00 PM to 4:00 PM on the court day before the hearing. A party who wants oral argument must call the court at (415) 444-7046 and notify every other party by 4:00 PM that day, and a non-evidentiary hearing is limited to 20 minutes (Marin County Rule, Civil 2.9 and 2.10). Ex parte papers are due by 10:00 AM one court day before the hearing, and opposition by 3:30 PM the same day.
At least 10 court days before the issue conference, each party files an issue conference statement, a proposed statement of the case for the jury, proposed jury questions, jury instructions, verdict forms and any motions in limine. Witnesses and exhibits left out of the statement can be excluded at trial, except for impeachment, rebuttal or good cause (Marin County Rule, Civil 2.15).
Are there special rules for children and uninsured motorist cases?
Yes, both. A settlement for a minor needs a judge's approval (Probate Code 3500; Rules of Court 7.950). In Marin, the petition must attach current medical reports with a diagnosis and prognosis, medical costs covered by insurance cannot be listed for reimbursement, and an order to deposit the child's money needs Judicial Council forms MC-350, MC-351 and MC-355 (Marin County Rule, Civil 2.16). Our guide on injury claims for children explains the rest of that process.
When a lawsuit will proceed as an uninsured motorist case, the plaintiff's lawyer files a "Request for Temporary Exemption - Uninsured Motorist Case" at filing or within 10 calendar days of learning it, naming the insurer and the coverage limits. If the court designates the case, the local time rules pause for up to 180 calendar days, and a case management conference is set at the end of that period (Marin County Rule, Civil 2.18). Our guide to uninsured and underinsured motorist claims explains the claim against your own insurer.
What about limited civil cases and small claims?
A case is limited civil only if the amount in controversy is $35,000 or less, not counting attorney fees, interest and costs (Code of Civil Procedure 85). The court notes that filing fees and some procedures differ between limited and unlimited cases. Small claims is a special kind of limited case: an individual may ask for up to $12,500 (Code of Civil Procedure 116.221), lawyers cannot represent either side, and no one may file more than two small claims cases a year anywhere in California that ask for more than $2,500 (Code of Civil Procedure 116.231).
What changes the answer in your case?
Whether a public entity is a defendant. A lawsuit against the County, a town or a district cannot be filed until a written claim has been presented and acted on or treated as rejected (Government Code 945.4), and after a written rejection the suit is generally due within six months (Government Code 945.6). Our guide on how to file an injury claim against a city or county covers that first step.
Whether a jury has been demanded. A jury demand makes the settlement conference mandatory, with its 10-court-day statement and personal attendance rules (Marin County Rule, Civil 2.14).
Where the defendant lives. If the crash happened in Marin but the driver lives in Sonoma County, either county's superior court can be proper (Code of Civil Procedure 395). Our guide to what to expect at Sonoma County Superior Court covers the other choice.
Whether you have a lawyer. Represented parties must eFile, while self-represented parties may file on paper, by mail or in the drop box, and can get free help from the Legal Self Help Center (Rules of Court 2.253(b)(2), as the court's civil page cites).
What could this look like? An example
For example, imagine a cyclist who is hit by a delivery van in San Rafael and files an unlimited civil case in Marin, with a jury demand, against the driver and the driver's employer.
At filing, the clerk issues the judge assignment and the date of the first case management conference, which falls within 180 days. The cyclist's lawyer serves both defendants with the summons, the complaint and the listed forms and files proof of service within 60 days. When the employer refuses to produce the van's maintenance records, the motion goes to a discovery facilitator. Once trial is set, the lawyer lodges a settlement conference statement 10 court days ahead with highlighted medical records, the last offer and demand, and the date of the last face-to-face talk, and the cyclist and an employer representative with full authority attend. This example is made up to show how the Marin rules fit together; it says nothing about any real case.
What mistakes do people make in a Marin County case?
- Serving the summons and complaint without the notices and blank forms the local rule requires.
- Letting 60 days pass without filing proof of service, which brings an order to show cause about sanctions.
- Lodging the settlement conference statement five court days ahead, as the statewide rule allows, when Marin requires 10.
- Sending someone without full settlement authority to the conference, or leaving out a third-party payor's representative.
- Asking for oral argument on a motion without calling the court and every other party by 4:00 PM the day before.
- Leaving a witness or exhibit off the issue conference statement.
What should I do this week if a Marin lawsuit is likely?
- Confirm your filing deadline in how long you have to file a personal injury claim in California.
- If a public road, bus or building was involved, check that a written claim was presented and note the date of any rejection letter.
- Gather the crash or incident report, photos, medical records and bills, and every letter from an insurer.
- List the full name and address of each person or business you may sue, since each must be served within 60 days of filing.
- Ask your doctors for reports that give a diagnosis and prognosis; Marin's rules require them for a child's settlement, and settlement conference statements use excerpts of medical reports.
- Talk to a lawyer about whether the case is limited or unlimited and whether Marin is the right county.
Frequently asked questions about Marin County Superior Court
How long will a Marin injury case take?
The statewide goal for unlimited civil cases is 75 percent resolved within 12 months of filing, 85 percent within 18 months and all within 24 months (Rules of Court 3.714). These are goals, not promises for any one case. Our guide on how long a personal injury case takes in California walks through each stage.
Do I have to come to the courthouse for the case management conference?
The statewide rule lets each lawyer and each self-represented party appear in person or remotely (Rules of Court 3.722(c)). The judge may also issue an order without any appearance if the written statements are enough.
Can I read the court file in my case?
Case files may be viewed in the Court Records office in Room 113. When court staff must do the research, the court charges $15 per case.
Where can I get free help if I do not have a lawyer?
The Legal Self Help Center in Room C-44 helps in English and Spanish, by walk-in Tuesday to Thursday mornings, by phone at (415) 444-7130, by email and by Zoom. Court staff can give legal information but cannot give legal advice.
Which city pages cover Marin's local offices?
The court is in San Rafael, and our page on personal injury cases in San Rafael covers its police and claims offices. Our page on personal injury cases in Novato does the same for Marin's northern city.
If you were injured in Marin County and are weighing a lawsuit, contact Young Law Group today at (707) 343-0556 or through our contact page to schedule your free consultation and learn how we can help.
Sources
- Superior Court of California, County of Marin: Uniform Local Rules, Civil Rules (effective July 1, 2026)
- Superior Court of California, County of Marin: contact us (offices, phone lines and parking)
- Superior Court of California, County of Marin: Civil division (eFiling, ex parte matters, research requests)
- Superior Court of California, County of Marin: Alternative Dispute Resolution
- Superior Court of California, County of Marin: Small claims
- Superior Court of California, County of Marin: Legal Self Help Center
- SMART (Sonoma-Marin Area Rail Transit): stations
- Code of Civil Procedure section 395 (where an injury case may be filed)
- Code of Civil Procedure section 85 (limited civil cases)
- Code of Civil Procedure section 412.20 (the summons and the 30 days to respond)
- Code of Civil Procedure section 2016.040 (meet and confer declaration)
- Code of Civil Procedure section 583.310 (five years to bring a case to trial)
- Code of Civil Procedure section 116.221 (small claims limit for individuals)
- Code of Civil Procedure section 116.231 (two small claims over $2,500 a year)
- California Rules of Court, rule 3.110 (time for service and response)
- California Rules of Court, rule 3.221 (ADR information package)
- California Rules of Court, rule 3.722 (case management conference)
- California Rules of Court, rule 3.725 (case management statement)
- California Rules of Court, rule 3.1380 (mandatory settlement conferences)
- California Rules of Court, rule 3.714 (case disposition time goals)
- Probate Code section 3500 (court approval of a minor's settlement)
- California Rules of Court, rule 7.950 (petition to approve a minor's settlement)
- Government Code section 945.4 (no lawsuit until the claim is acted on)
- Government Code section 945.6 (time to sue after a claim is rejected)
