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The following forms
are utilized in applying for and receiving a waiver of court fees pursuant
to
California Rule of Court, Rule 985. Please read all information
carefully to determine your eligibility for a waiver.
Please click on the
three (3) choices below to obtain the forms that you require.
Application for
Waiver of Court Fees and Costs
Information Sheet on
Waiver of Court Fees and Costs
Order on Application
for Waiver of Court Fees and Costs
Submit an original
and one copy of each completed document to the court.
Government Code
Section 68511.3(a) 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 #2, must also be
completed.
f you wish to view
any of the Government Codes, they are available through the California Law web
site located at
www.leginfo.ca.gov/calaw.html.
Then, follow the directions for finding the code you are interested in.
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.
Pursuant to
California Rule of Court, Rule 985, 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
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,
marshal's, and constable's fees pursuant to Article 7 of
Title 3 of
Division 2 of the Government Code
The fee for a
telephone appearance pursuant to
Government Code section 68070.1(c).
f you wish to view
any of the Government Codes, they are available through the California Law web
site located at
www.leginfo.ca.gov/calaw.html.
Then, follow the directions for finding the code you are interested in.
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.
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 Rule of Court, Rule 985, 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
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.
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