Form Fw-001 - Request To Waive Court Fees printable pdf download

FW-001-INFO

INFORMATION SHEET ON WAIVER OF SUPERIOR COURT FEES AND COSTS

If you have been sued or if you wish to sue someone, if you are filing or have received a family law petition, or if you

are asking the court to appoint a guardian for a minor or a conservator for an adult or are an appointed guardian or conservator,

and if you (or your ward or conservatee) cannot afford to pay court fees and costs, you may not have to pay them in

order to go to court. If you (or your ward or conservatee) are getting public benefits, are a low-income person, or do not

have enough income to pay for your (or his or her) household’s basic needs and your court fees, you may ask the court

to waive all or part of those fees.

1. To make a request to the court to waive your fees in superior court, complete the Request to Waive Court Fees

(form FW-001) or, if you are petitioning for the appointment of a guardian or conservator or are an appointed

guardian or conservator, complete the Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC).

If you qualify, the court will waive all or part of its fees for the following:

• Filing papers in superior court (other than for an appeal in a case with a value of over $25,000)

• Making and certifying copies

• Giving notice and certificates

• Sheriff’s fee to give notice

• Sending papers to another court department

• Court fee for telephone hearing

• Having a court-appointed interpreter in small claims court

• Reporter’s fee for attendance at hearing or trial, if a reporter is provided by the court.

• Assessment for court investigations under Probate Code section 1513, 1826, or 1851.

• Preparing, certifying, copying, and sending the clerk’s transcript on appeal.

• Holding in trust the deposit for a reporter’s transcript on appeal under rule 8.833 or 8.834.

• Making a transcript or copy of an official electronic recording under rule 8.835

2. You may ask the court to waive other court fees during your case in superior court as well. To do that, complete a

Request to Waive Additional Court Fees (Superior Court) (form FW-002) or Request to Waive Additional Court

Fees (Superior Court) (Ward or Conservatee) (form FW-002-GC). The court will consider waiving fees for items

such as the following, or other court services you need for your case:

• 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

• Other necessary court fees

3. If you want the Appellate Division of Superior Court or the Court of Appeal to review an order or judgment against

you and you want the court fees waived, ask for and follow the instructions on Information Sheet on Waiver of

Appellate Court Fees, Supreme Court, Court of Appeal, Appellate Division (form APP-015/FW-015-INFO).

IMPORTANT INFORMATION!

• You are signing your request under penalty of perjury. Answer truthfully, accurately, and completely.

• The court may ask you for information and evidence. You may be ordered to go to court to answer questions about

your ability, or the ability of your ward or conservatee, to pay court fees and costs and to provide proof of eligibility.

Any initial fee waiver you or your ward or conservatee are granted may be ended if you do not go to court when asked.

You or your ward’s or conservatee’s estate may be ordered to repay amounts that were waived if the court finds you were

not eligible for the fee waiver.

• Public benefits programs listed on the application form. In item 5 on the Request to Waive Court Fees (item 8 of

the Request to Waive Court Fees (Ward or Conservatee)), there is a list of programs from which you (or your ward or

conservatee) may be receiving benefits, listed by the abbreviations they are commonly known by. The full names of

those programs can be found in Government Code section 68632(a), and are also listed here:

• Medi-Cal

• Food Stamps—California Food Assistance Program, CalFresh Program, or SNAP

• Supp. Sec. Inc.—Supplemental Security Income (not Social Security) • SSP—State Supplemental Payment

• County Relief/General Assistance—County Relief, General Relief (GR) or General Assistance (GA)

• IHSS—In-Home Supportive Services

• CalWORKS—California Work Opportunity and Responsibility to Kids Act

• Tribal TANF—Tribal Temporary Assistance for Needy Families

• CAPI—Cash Assistance Program for Aged, Blind, or Disabled Legal Immigrants

FW-001-INFO, Page 1 of 2

Information Sheet on Waiver of

Judicial Council of California,

Revised September 1, 2015

Superior Court Fees and Costs

Government Code, §§ 68630–68640

California Rules of Court, rules 3.51, 7.5

Form Fw-001 - Request To Waive Court Fees

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