Free 09 FW-008 v.9 03.11.09 CLEAN.of - California


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FW-008
1

Order on Court Fee Waiver After Hearing (Superior Court)

CONFIDENTIAL
Clerk stamps date here when form is filed.

Person who asked the court to waive court fees: Name: Street or mailing address: City: State: Zip:

2

Lawyer, if person in 1 has one (name, address, phone number, e-mail, and State Bar number):

3 4

A request to waive court fees was filed (date): There was a hearing on (date): at (time): in (Department): The following people were at the hearing (check all that apply): Person in 1 Lawyer in 2 Others (names):

Fill in court name and street address:

Superior Court of California, County of

Fill in case number and name:

Case Number:

Read this form carefully. All checked boxes

are court orders.

Case Name:

Notice: The court may order you to answer questions about your finances and later order you to pay back the waived fees. If this happens and you do not pay, the court can make you pay the fees and also charge you collection fees. If there is a change in your financial circumstances during this case that increases your ability to pay fees and costs, you must notify the trial court within five days. (Use form FW-010.) If you win your case, the trial court may order the other side to pay the fees. If you settle your civil case for $10,000 or more, the trial court will have a lien on the settlement in the amount of the waived fees. The trial court may not dismiss the case until the lien is paid. 5 a. After reviewing your (check one): Request to Waive Court Fees the court makes the following order: Request to Waive Additional Court Fees

The court grants your request and waives your court fees and costs as follows: Fee Waiver. The court grants your request and waives your court fees and costs listed below (Cal. Rules of (1) Court, rule 3.55.) You do not have to pay the court fees for the following: · Giving notice and certificates · Filing papers in superior court · Sending papers to another court department · Making copies and certifying copies · Court-appointed interpreter in small claims court · Sheriff's fee to give notice · Reporter's daily fee (for up to 60 days after the grant of the fee waiver, at the court-approved daily rate) · Preparing and certifying the clerk's transcript on appeal · Court fees for phone hearing (2) Additional Fee Waiver. The court grants your request and waives your additional superior court fees and costs that are checked below. (Cal. Rules of Court, rule 3.56.) You do not have to pay for the checked items. Jury fees and expenses Fees for a peace officer to testify in court Court-appointed interpreter fees for a witness Fees for court-appointed experts Reporter's daily fees (beyond the 60-day period after grant of the fee waiver, at court-approved daily rate) Other (specify): Fee Waiver for Appeal. The court grants your request and waives the fees and costs checked below, for your appeal. (Cal. Rules of Court, rules 8.26 and 8.818.) You do not have to pay for the checked items. Preparing and certifying clerk's transcript for appeal Other (specify):

(3)

Judicial Council of California, www.courtinfo.ca.gov New July 1, 2009, Mandatory Form Government Code, § 68634(e) Cal. Rules of Court, rule 3.52

Order on Court Fee Waiver After Hearing (Superior Court)

FW-008, Page 1 of 2
American LegalNet, Inc. www.FormsWorkflow.com

Case Name:

Case Number:

b. The court denies your request and will not waive or reduce your fees and costs. (1) The reason for this denial is as follows: (a) Your request is incomplete, and you did not provide the information that the court requested (specify items missing): (b) (c) You did not go to court on the hearing date to provide the information the court needed to make a decision. The information you provide shows that you are not eligible for the fee waiver you requested because (check all that apply): i. Your income is too high. ii. Other (explain): There is not enough evidence to support a fee waiver. Other (state reasons):

(d) (e) (2)

You may pay some court fees and costs over time. You may make monthly payments of $ beginning (date): and then payable on the 1st of each month after that, until the fees checked below are paid in full: (a) Filing fees. (b) Other (describe): You must pay all other court fees and costs as they are due. The court partially grants your request so you can pay court fees without using money you need to pay for your household's basic needs. You are ordered to pay a portion of your fees, as checked below. The court only partially grants the request because (state reasons for partial denial):

c.

(1) (2)

You must pay % of your court fees. The court waives some fees. The fees checked below are waived. You must pay all other court fees. Filing papers at superior court Giving notice and certificates Sheriff's fee to give notice Sending papers to another court department Court-appointed interpreter Court-appointed interpreter fees for a witness Reporter's daily fee up to 60 days after order Reporter's daily fees beyond the 60 days Jury fees and expenses after initial order Court-appointed experts' fees Fees for a peace officer to testify in court Making certified copies Court fees for telephone hearings Other (describe): Other (specify):

(3)

Warning! If b or c above are checked: You have 10 days after the clerk gives notice of this order (see date below) to pay your fees as ordered, unless there is a later date for beginning payments in item b(2). If you do not pay, your court papers will not be processed. If the papers are a notice of appeal, your appeal may be dismissed.

Date: Signature of Judicial Officer

Clerk's Certificate of Service
I certify that I am not involved in this case and (check one): A certificate of mailing is attached. I handed a copy of this order to the party and attorney, if any, listed in 1 and 2 , at the court, on the date below. This order was mailed first class, postage paid, to the party and attorney, if any, at the addresses listed in 1 and 2 , from (city): , California on the date below. , Deputy Clerk, by Date:
New July 1, 2009 Mandatory Form

Court Fee Waiver Order After Hearing (Superior Court)

FW-008, Page 2 of 2