(a) Applications for waiver of fees and costs.
(A) If the trial court previously issued an order granting a party's request to waive court fees and costs in a case, and that fee waiver is still in effect, all of the court fees for an appeal to the appellate division in that case that are listed in (d) are waived by that order, and the party is not required to file a new application for waiver of court fees and costs for an appeal to the appellate division in that case.
(B) If the trial court did not previously issue an order granting a party's request to waive court fees and costs in a case or an order that was previously issued is no longer in effect, an application for initial waiver of court fees and costs for an appeal must be made on Request to Waive Court Fees (form FW-001). The appellant should file the application with the notice of appeal in the trial court that issued the judgment or order being appealed. The respondent should file any application at the time the fees are to be paid to the court.
(2) Writ proceedings
To request the waiver of fees and costs in a writ proceeding, the petitioner must complete Request to Waive Court Fees (form FW-001). The petitioner should file the application with the writ petition.
The clerk must provide Request to Waive Court Fees (form FW-001) and Information Sheet on Waiver of Fees and Costs (Supreme Court, Court of Appeal, Appellate Division) (form APP-015/FW-015-INFO) without charge to any person who requests any fee waiver application or states that he or she is unable to pay any court fee or cost.
(b) Procedure for determining application.
The application must be considered and determined as required by Government Code section 68634.5. An order determining the application for initial fee waiver or setting a hearing on the application may be made on Order on Court Fee Waiver (Superior Court) (form FW-003).
(c) Application granted unless acted on by the court.
The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after the application is filed.
(d) Court fees and costs waived.
Court fees and costs that must be waived upon granting an application for initial waiver of court fees and costs are listed in rule 3.55. The court may waive other necessary court fees and costs itemized in the application upon granting the application, either at the outset or upon later application.
(Subd (d) amended effective July 1, 2015.)
(e) Denial of the application.
If an application is denied, the applicant must pay the court fees and costs or submit the new application or additional information requested by the court within 10 days after the clerk gives notice of the denial.
(f) Confidential records.
(1) No person may have access to an application for an initial fee waiver submitted to the court except the court and authorized court personnel, any person authorized by the applicant, and any persons authorized by order of the court. No person may reveal any information contained in the application except as authorized by law or order of the court. An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.
(2) Any person seeking access to an application or financial information provided to the court by an applicant must make the request by motion, supported by a declaration showing good cause as to why the confidential information should be released.
Rule 8.818 amended effective July 1, 2015; adopted effective July 1, 2009.
Advisory Committee Comment
Subdivision (a)(1)(B)..The waiver of court fees and costs is called an "initial" waiver because, under Government Code section 68630 and following, any such waiver may later be modified, ended, or retroactively withdrawn if the court determines that the applicant was not or is no longer eligible for a waiver. The court may, at a later time, order that the previously waived fees be paid.