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), 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).
(4)Any order granting a fee waiver must be accompanied by a blank Notice of Improved Financial Situation or Settlement (form FW-010).
(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).
(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 July 1, 2015; adopted as rule 3.56 effective January 1, 2007; previously amended effective January 1, 2007; previously amended and renumbered as rule 3.52 effective July 1, 2009.