Cal. Rules of Court, rule 3.52 · Division 2. Waiver of Fees and Costs
Procedure for determining application
Text — As posted by the Judicial Council of California (read October 22, 2026)
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.
Notes and commentary — not rule text
History
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.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_52
- Text hash
- sha256 47ea1123a5c1478e2b2ed41241cf8146c613f57f8616d253eaa3ecccff2d5e2a
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 2 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 3.52. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.