California

Family Law

Family Law

Rule 5.43 – Fee waiver denials; voided actions; dismissal

(a) Voided paperwork

The clerk of the court must void the papers that were filed with a petitioner’s or respondent’s fee waiver application if 10 days pass after notice of the fee waiver denial and petitioner or respondent has not:

(1) Paid the fees owed;
(2) Submitted a new Request to Waive Court Fees (form FW-001) if the fee waiver was denied because the first form was incomplete; or
(3) Requested a hearing using Request for Hearing About Court Fee Waiver Order (Superior Court) (form FW-006).
(b) Effect of voided petition or complaint; dismissal or continuation of case

(1)No response or notice of appearance filed

If a petition or complaint is voided under (a) and a response to the petition or complaint has not been filed, or respondent has not appeared in the action, the court may dismiss the case without prejudice. If the court dismisses the case, the clerk of the court must notify the parties.

(2)Response or notice of appearance filed; case continuation or dismissal

If a petition or complaint is voided and a response has been filed with the court, or respondent has appeared in the action, the court must:

(A) Review the response, or documents constituting respondent’s appearance, to determine whether or how the case will proceed based on the relief requested;
(B) Notify the parties of the court’s determination; and
(C) Refund filing fees paid by the respondent if the court dismisses the case.

Cal. R. Ct. 5.43

Rule 5.43 adopted effective January 1, 2013.