|     printer icon  Printer-friendly version of this page

2016 California Rules of Court

Rule 3.52. Procedure for determining application

The procedure for determining an application is as follows:

(1)The trial court must consider and determine the application as required by Government Code sections 68634 and 68635.

(2)An order determining an application for an initial fee waiver without a hearing must be made on Order on Court Fee Waiver (Superior Court) (form FW-003) or, if the application is made for the benefit of a (proposed) ward or conservatee, on Order on Court Fee Waiver (Superior Court) (Ward or Conservatee) (form FW-003-GC), except as provided in (6) below.

(3)An order determining an application for an initial fee waiver after a hearing in the trial court must be made on Order on Court Fee Waiver After Hearing (Superior Court) (form FW-008) or, if the application is made for the benefit of a (proposed) ward or conservatee, on Order on Court Fee Waiver After Hearing (Superior Court) (Ward or Conservatee) (form FW-008-GC).

(4)Any order granting a fee waiver must be accompanied by a blank Notice of Improved Financial Situation or Settlement (form FW-010) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice to Court of Improved Financial Situation or Settlement (Ward or Conservatee) (form FW-010(GC).

(5)Any order denying an application without a hearing on the ground that the information on the application conclusively establishes that the applicant is not eligible for a waiver must be accompanied by a blank Request for Hearing About Fee Waiver Order (Superior Court) (form FW-006) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Request for Hearing About Court Fee Waiver Order (Superior Court) (Ward or Conservatee) (form FW-006-GC).

(6)Until January 1, 2016, a court with a computerized case management system may produce electronically generated court fee waiver orders as long as:

(A)The document is substantively identical to the mandatory Judicial Council form it is replacing;

(B)Any electronically generated form is identical in both language and legally mandated elements, including all notices and advisements, to the mandatory Judicial Council form it is replacing; and

(C)The order is an otherwise legally sufficient court order, as provided in rule 1.31(g), concerning orders not on Judicial Council mandatory forms.

Rule 3.52 amended effective September 1, 2015; adopted as rule 3.56 effective January 1, 2007; previously amended and renumbered as rule 3.52 effective July 1, 2009; previously amended effective January 1, 2007 and July 1, 2015.

[ Back to Top ]