California

Civil Procedure

Civil Procedure

Rule 3.52 – Procedure for determining application

The procedure for determining an application is as follows:

(1) The 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.

Cal. R. Ct. 3.52

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 andJuly 1, 2015.