Fee Waiver

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 3.51. Please read all information carefully to determine your eligibility for a waiver.

The forms above are presented in the .pdf format and will require an Acrobat Reader® from Adobe Systems® to open.

Submitting the Application and Order

Submit an original and one copy of each completed document to the court.

Government Code Section 68511.3(a)(5) authorizes courts to verify the financial status of litigants applying for a waiver of court fees and costs. The application must be fully completed, dated, and signed under penalty of perjury. The top portion of the order, down to and including Item #3, must also be completed.

Applicants Receiving Financial Assistance - (Boxes 4 and 5 on the Application)

In order to expedite the processing of your paperwork, you may attach a copy of written documentation to confirm you are currently receiving aid, such as your MEDICAL CARD OR AWARD LETTER FROM ASSISTANCE PROGRAM. You may provide your social security number rather than written documentation, however, there will be a delay in processing your paperwork while the court verifies you are receiving aid. Your signature on the fee waiver application form authorizes the court to contact the Department of Human Assistance to verify your benefit eligibility.

(This section does not apply to applicants in unlawful detainer cases.)

All Other Applicants - (Boxes 6 and 7 on the Application)

If you are checking either Box 6 or Box 7 on the application, you are required to provide a self-addressed, stamped envelope:

NOTICE

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. After notice, you will have 10 days to pay the filing fees or provide additional information as requested. Otherwise, documents filed by you will be voided.

Fees Covered by the Initial Fee Waiver

Pursuant to California Rule of Court, Rule 3.61, the following fees maybe waived upon granting of your initial Application for Fee Waiver

Clerk's fees for filing papers
Clerk's fees for issuance of process and certificates
Court-appointed interpreter's fees for parties in small claims actions
Reporter's fees for attendance at hearings and trials held within 60 days of the date of the order granting the application
Clerk's fees for preparing, certifying, and transmitting the clerk's transcript on appeal
Clerk's fees for reasonably necessary certification and copying
Clerk's fees for transmittal of papers
Sheriff's and marshal's, fees pursuant to title 3 of the Government Code (commencing with section 26720)
The fee for a telephone appearance pursuant to Government Code section 68070.1(c)

If Your Fee Waiver is Denied

If, upon review of your Application for Fee Waiver 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. You will then have ten (10) days from the date on the notice in which to pay the filing fees for which you have sought a waiver (i.e., if you submitted your Application for Fee Waiver with your initial court filing, you will then be required to pay the initial filing fee within ten (10) days from the date of the notice of denial).

If you do not pay the filing fee within the time specified, your filed document will be voided.

Additional Court Fees and Costs Waived

To waive court fees and costs other than those listed above, an Application for Waiver of Additional Court Fees and Costs and Order for Waiver of Additional Court Fees and Costs must be submitted with the court. Pursuant to California Rules of Court, Rule 3.62, the following fees may be waived:

Jury fees and expenses
Witness fees of peace officers whose attendance is reasonably necessary for prosecution or defense of the case
Witness fees of court-appointed experts
Other fees or expenses as itemized in the application
Court-appointed interpreter's fees for witnesses
Reporter's fees for attendance at hearings and trials held more than 60 days after the date of the order granting the application

Change in Financial Circumstance

A person who has been granted a fee waiver must promptly notify the court of any changed financial circumstance affecting his or her ability to pay court fees and costs. Upon such notification, the court will schedule a hearing to determine the person's eligibility to pay future court fees and costs.