Wednesday, July 23, 2014

Fee Waiver

Forms

The following forms are utilized in applying for and receiving a waiver of court fees pursuant to California Rule of Court, Rule 3.50-3.58 - external link. Please read all information carefully to determine your eligibility for a waiver.

For General Information Regarding Fee Waivers

To File for an Initial Fee Waiver

To File for a Waiver of Additional Court Fees and Costs

The Request to Waive Additional Court Fees (Superior Court) may be filed at the same time as the Request to Waive Court Fees, in which case only one copy of the Order on Court Fee Waiver (Superior Court) should be filed.

Initial Fee Waiver

You must file an original and one copy of both the Request to Waive Court Fees and the Order on Court Fee Waiver (Superior Court) to request that the following court fees and costs be waived.

  • Clerk's fees for filing papers in Superior Court (other than for an appeal in a case with a value of over $25,000)
  • Clerk's fees for making and certifying copies
  • Clerk's fees for giving notice and certificates
  • Clerk's fees for sending papers to another court department
  • Sheriff's fee to give notice
  • Court-appointed interpreter's fees for parties in small claims actions
  • Reporter's daily fee (for up to 60 days after the granting of the fee waiver, at the court-appointed daily rate)
  • Clerk's fees for preparing, certifying, copying, and sending the clerk's transcript on appeal
  • Court fees for phone hearings

Government Code Section 68633 - external link requires applicants to complete the Request to Waive Court Fees under penalty of perjury, identifying their current street address, or another address where the court can contact the applicant, their occupation, their employer, and the basis upon which they believe that they are eligible for a waiver of their court fees and costs.

Applicants Receiving Financial Assistance

(Box 5a. on the Application)

You may attach a copy of written documentation to confirm you are currently receiving aid, such as your medical card or award letter from an assistance program. While Government Code Section 68633 - external link does not require that such information be submitted at the time the application is submitted, Government Code Section 68634 - external link does authorize the court to request such information at a later time, as appropriate.

All Other Applicants

(Boxes 5 a. and 5 b. on the Application)

The fee waiver is signed under penalty of perjury. Misrepresentation of income or expenses is a crime punishable by law. Failure to comply with these requirements, or to submit complete, legible fee waiver forms, will result in a denial of the application.

Additional Court Fees and Costs Waived

You must file an original and one copy of both the Request to Waive Additional Court Fees (Superior Court) and Order on Court Fee Waiver (Superior Court) to request that the following court fees and costs be waived:

  • Jury fees and expenses
  • Fees for a peace officer to testify in court
  • Fees for court-appointed experts
  • Court-appointed interpreter fees for a witness
  • Reporter's daily fees (beyond the 60 day period after the granting of the fee waiver, at the court-approved daily rate)
  • Other necessary court fees

The Request to Waive Additional Court Fees (Superior Court) may be filed at the same time as the Request to Waive Court Fees , in which case only one copy of the Order on Court Fee Waiver (Superior Court) should be filed.

If Your Fee Waiver is Denied

If, upon review of your Request to Waive Court Fees, the court finds that you do not meet the necessary criteria, you will receive a notice from the court advising you of the denial of your request for fee waiver. After notice of fee waiver denial, you will have 10 days from the date on the notice to pay the filing fees, to provide additional information as requested, or to request a hearing regarding your fee waiver eligibility using the Request for Hearing About Fee Waiver Order (Superior Court) form that the court will supply to you with the notice of your fee waiver application denial.

If one of these actions is not taken within 10 days of notice of the fee waiver application denial, the document(s) filed by you will be voided.

Change in Financial Circumstances or Case Settlement

Government Code Section 68636 (a)3 - external link requires a person who has been found eligible for the waiver of their court fees and costs to file a Notice to Court of Improved Financial Situation or Settlement with the court within 5 days of any change in financial circumstances that affects their ability to pay all or a portion of the court fees and costs that were initially waived. Upon such notification, the court may schedule a hearing to determine the person's eligibility to pay future court fees and costs.

NOTICE: If you win your case, the court may order the other side to pay the fees. If you settle your civil case for $10,000 or more, the court will have a lien on the settlement in the amount of the waived fees. The court may not dismiss the case until the lien is paid.