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ACORN Community Legal Education Series
 California Indian Legal Services
 Bishop · Escondido · Eureka · Oakland · Santa Rosa · Washington, D.C.

How Can I Get a Fee Waiver for My Court Fees and Costs?

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Helpful Information

What’s in this guide and how can it help me?

In most cases, when you use the court system in California, you have to:

  • pay a fee to "file" (submit) court papers
  • pay other court costs

If you can’t afford to pay these fees and costs, you can ask the court for a "fee waiver."  This guide explains what a fee waiver is, and what you have to do to apply for a fee waiver.  This guide has four sections:

  • What Is a Fee Waiver?
  • How Do I Submit the Application Form and Court Order?
  • What Happens After I Submit My Application?
  • Some Helpful Legal Terms

TIP: If a word in this guide appears in strong (bold) text, we define it afterwards. At the end of this guide, you’ll find a list of these words and their definitions, so you can refer back to them if you need to.

 I already know what a fee waiver is and what the application process is. I just need help filling out the forms. 

What do I do?

All courts in California have to use the same fee waiver application forms that were created and approved by the Judicial Council of California. For help filling out the forms, click here to view "How Do I Fill Out My Fee Waiver Forms?"

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What Is A Fee Waiver?

What is a fee waiver?

A "fee waiver" is an application you submit to the court, asking them to let you file your court papers for free.

Fee waivers are based on financial need (you have to show that you can’t afford to pay the fees). To apply for a fee waiver, there are forms you’ll need to fill out and submit with the other paperwork for your case. You’ll need to provide your financial information to the court. The court reviews your application and decides whether or not you qualify for the fee waiver.

TIP: A fee waiver is also called a "Waiver of Court Fees and Costs."

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What kinds of cases do I have to pay court fees and costs for?

Most cases require you to pay court fees and costs.

Some common examples of cases where you may be required to pay filing fees include:

  • eviction
  • guardianship
  • child support
  • divorce
  • unsealing your birth records

TIP: Some cases don’t require you to pay any court fees. Two examples are a request for a Domestic Violence restraining order, and a request for a Domestic Violence Prevention Act restraining order.

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What costs does a fee waiver cover?

A fee waiver covers:

  • the "filing fees" (the amount you have to pay when you first file your paperwork with the court)
  • "court costs," such as charges for copies, faxing, and mailings that the court has to pay in your case

A fee waiver does not cover:

  • the cost of copies you make
  • the fees you have to pay if you need to get certified copies of any documents, such as birth certificates
  • traffic court fines

TIP: A "certified copy" is one that is issued directly by a court or government agency. It is printed on official government paper and has an official government seal.

TIP: If your case goes to trial, you may have to pay more fees. In order to waive these fees, you’ll have to file additional forms.

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How much are the court filing fees?

Each county court system charges different fees.

NOTE:  To find out how much the court filing fees are in the county court where you are filing your legal documents, you should call the court clerk for that the county.

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How do I contact the court clerk?

Most counties have more than one court clerk. Different clerks handle different kinds of cases. You need to talk to the clerk who handles the specific kind of case you’re involved in. In order to find the right court clerk, you should:

  • call the general number for the courthouse in the county where you’re filing your case
  • tell the court operator what kind of case you’re involved in
  • ask him or her to direct you to the court clerk who handles that specific kind of case.

NOTE:  Click here for a list of general phone numbers for California county courthouses.

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What forms do I fill out to apply for a fee waiver?

You’ll need to fill out an:

  • Application for Waiver of Court Fees and Costs and
  • Order on Application for Waiver of Court Fees and Costs

You use the Application for Waiver of Court Fees and Costs to request an "order," or "court order," saying you don’t have to pay court fees and costs.

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What is a court order?

A court order is a form signed by a judge. In a court order, the judge commands (or "orders") a government department or agency to take some specific action

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Why do I have to submit the Order on Application for Waiver of Court Costs?

You have to submit the order so a judge can sign it and either order the court to:

  • "grant" (approve) your fee waiver or
  • "deny" (reject) your fee waiver

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How do I show that I can’t afford to pay the court costs and fees?

Remember, fee waivers are based on financial need. When you fill out the application, there are specific ways you have to show that you can’t afford to pay the court fees and costs in your case.

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I’m ready to fill out the forms. What do I do?

The self-help guide, "How Do I Fill out Court Fee Waiver Forms?," provides detailed instructions about how to complete the forms.  Click here to access the self-help guide "How Do I Fill out Court Fee Waiver Forms?"

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How Do I Submit the Application Form and Court Order?

How do I submit the forms once I’ve filled them out?

You file the Application for Waiver of Court Costs and Fees and the Order on Application for Waiver of Court Costs and Fees at the same time you submit the rest of the documents in your case to the court clerk.

NOTE:  Call the court clerk to ask if:

  • you have to bring all your documents to the court clerk/courthouse and submit them in person or
  • you can send your documents to the mailing address for the court clerk/courthouse

Make sure you:

  • Give or send the court clerk a self-addressed, stamped envelope with your fee waiver application and order. This way, the court can respond to your request more quickly.
  • Make a copy of the fee waiver application and the order for your own records.

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What Happens After I Submit My Application?

Do I get official copies of the application and order forms that I submit to the court?

Yes. You should get back official copies of the fee waiver application and order.

  • You submit one original and one copy of both the fee waiver application and the order to the court clerk.
  • The court clerk stamps "filed" on the copy of the fee waiver application and either gives it back to you in person when you submit it, or mails it to you in your self-addressed stamped envelope.
  • You also get a copy of the court order you submit. However, you’ll have to wait until after the judge signs it to get the court order back. The court clerk will stamp the order "filed" and send it to you only after the judge signs it.

TIP: The stamped, "filed" copies are called "conformed copies."

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How do I find out if the fee waiver application and order I submitted were filled out right?

If you bring your application and order to the courthouse in person:

  • The court clerk will look at them right away and tell you if there are any problems.
  • If there are no problems, the court clerk will hand you conformed copies of your application.
  • If there are problems, the court clerk will explain what you have to do to fix them. You’ll have to fix the forms and submit them again.

NOTE:  If the court clerk won’t accept your fee waiver application, but won’t explain what’s wrong with it, you can call your local CILS office or legal aid program.

If you mail your forms:

  • And there are no problems, the court clerk will mail you a conformed copy of your fee waiver application.
  • But if there are problems, the court clerk will either call you and tell you to pick up the fee waiver application and order, or mail them back to you unfiled.

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How long will I have to wait for the court clerk to call me or mail my fee waiver application back to me?

The court clerk will usually contact you within two weeks, whether or not there is a problem.

You should keep track of what you get back from the court, and when you get it.

NOTE:  If it has been a month since you submitted your forms by mail, and you haven’t gotten a conformed copy of your fee waiver application, call the court clerk to ask what’s happening with your case.

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I have my conformed copy of the Application for Waiver of Court Costs and Fees. What happens next?

The court clerk sends your application to the judge for review.

NOTE:  Occasionally, the judge has questions about fee waiver applications and will order you to come to court and answer questions about your financial situation. If the judge wants you to come to court and answer questions, he or she will send you notice scheduling a hearing. If you get notice of a hearing, you can contact your local CILS office or legal aid office to discuss your situation.

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How will I know if the judge approves my fee waiver application?

If the judge approves your fee waiver application, the court clerk will send you a copy of the Order on Application for Waiver of Court Fees and Costs signed by the judge.

The order will tell you whether your fee waiver application was granted:

  • "in whole" (in full) or
  • in part

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What happens if my fee waiver application is granted in whole?

You won’t have to pay any court fees or costs.

TIP: Your fee waiver can only be granted in whole if you checked Box 1. a. on your fee waiver application form, claiming that you couldn’t pay any of the court fees and costs.

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What happens if my fee waiver application is granted in part?

You’ll have to pay some court fees and costs. These may include fees and costs for:

  • filing papers
  • making photocopies
  • faxing or mailing documents
  • a court-appointed interpreter
  • expert witnesses
  • sheriff and marshal services

TIP: If you checked Box 1. b. on your fee waiver application form, your fee waiver will always be granted in part (since you’ve already paid some fees and costs, or you didn’t ask that all the fees and costs be waived).

TIP: The signed order will show you which fees you still have to pay. The judge will check off boxes next to the fees you don’t have to pay.

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How will I know if the court rejects my fee waiver application?

The court clerk will send you a notice that says your request for a fee waiver has been denied.

  • The notice will give you the reason(s) the fee waiver was denied.
  • The notice will tell you how much you have to pay and give you a time limit – 10 days – to pay that fee. The court will not allow you to file your case if you don’t pay the fees within that time limit.

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If the court rejects my fee waiver application, can I re-apply?

If you didn’t fill out the fee waiver application completely, the court may send you a notice that is stamped "insufficient information." You may still be able to get the fee waiver if you:

  • check to see what information is missing
  • fill in all the missing information and
  • send the fee waiver application to the clerk again

NOTE:  If you don’t understand why the court rejected your fee waiver application, you can contact your local CILS office or legal aid program to discuss your situation. A legal services attorney may be able to help you get a fee waiver.

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What happens if my financial situation changes, and then I can pay court fees and costs?

You are "obligated" (you must) to tell the court right away if your situation changes, and you now have enough money to pay court fees or costs.

If you don’t tell the court, it may be a violation under penalty of perjury.

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What is a violation under penalty of perjury?

  • Your fee waiver application is a "declaration."
  • A declaration is a statement where the person who signs it swears that the information on the form is true and correct to the best of their knowledge.
  • Someone who makes a sworn statement promises that they are telling the truth "under penalty of perjury." This means that if they knew they were lying, they could have to pay a fine or go to jail.

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Some Helpful Terms

What do some of the legal words I hear about fee waivers mean?

Some of the words you might hear or see in relation to fee waivers, and their meaning, are listed below.
Certified Copy
Certified copy is one that is issued directly by a court or government agency. It is printed on official county or state government paper and has an official government seal.
Court Costs
Court costs are the various expenses that the court has to pay in your case. These include things such as charges for copies, faxing, mailings, court-appointed interpreters, expert witnesses, and sheriff and marshal services.
Court Order
Court order is a form signed by a judge. It is an instruction given by a judge that commands (or "orders") a government department or agency to take some specific action. This is also called an order.
Deny
Deny means the court rejects your fee waiver application.
Fee Waiver
Fee waiver is an application to the court asking the court not to charge any court fees for opening, filing, and reviewing a case. Waiver of Court Fees and Costs is another name for a fee waiver.
File
File means to submit your paperwork to the court.
Filing Fees
Filing Fees are the amount you have to pay to file your paperwork with the court.
Granted
Granted means the court approves your fee waiver application
Insufficient Information
Insufficient information is what the court may stamp on your application for a fee waiver if you don’t fill it out completely.
In Part
In part means that the court has granted your fee waiver application but you have to pay some court costs and fees.
In Whole
In whole means that the court has granted your fee waiver application and you don’t have to pay any court costs or fees. In part means that the court has granted your fee waiver application but you have to pay some court costs and fees.
Notice
Notice is what the court sends to tell you if it has granted or denied your fee waiver, or is scheduling a hearing.

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REVISION 12/03

Disclaimer

This information is intended to assist you with your legal problem. Each area of the law is complex and changing. Your case may have special factors that could affect the applicability of this information. CILS does not guarantee that this information is sufficient to resolve your legal problem. If you have any questions, you should seek the advice and counsel of an attorney.

ACORN Community Legal Education Series

The Advocacy, Collaboration, and Referral Network (ACORN) is a project of CILS. ACORN’s mission is to expand access to legal resources that increase Indian self-sufficiency. This guide is part of our Community Legal Education Series, providing Indians and Indian tribes with user-friendly information and self-help assistance pertaining to their legal status and rights. ACORN Community Legal Education guides, and more information about CILS and California Indian issues, are available on our website at www.calindian.org.

California Indian Legal Services

Central Office:
510 16th Street, Fourth Floor, Oakland, CA 94612
Phone: (510) 835-0284 Fax: (510) 835-8045

Do you have a legal problem? For assistance, contact your local CILS office:

Bishop: (760) 873-3581, or (800) 736-3582
Escondido: (760) 746-8941, or (800) 743-8941
Eureka: (707) 443-8397, or (800) 347-2402
Oakland: (510) 835-0284, or (800) 829-0284
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