Cal. R. 8.26

As amended through September 20, 2024

Rule 8.26 - Waiver of fees and costs

(a)Application form

An application for initial waiver of court fees and costs in the Supreme Court or Court of Appeal must be made on Request to Waive Court Fees (form FW-001) or, if the application is made for the benefit of a (proposed) ward or conservatee, on Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC). The clerk must provide Request to Waive Court Fees (form FW-001) or Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC) and the Information Sheet on Waiver of Fees and Costs (Supreme Court, Court of Appeal, or 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.

(Subd (a) amended effective September 1, 2015.)

(b)Filing the application

(1)Appeals

(A) The appellant should submit any application for initial waiver of court fees and costs for an appeal with the notice of appeal in the superior court that issued the judgment or order being appealed. For purposes of this rule, a respondent who files a notice of cross-appeal is an "appellant."

(B) A party other than the appellant should submit any application for initial waiver of the court fees and costs for an appeal at the time the fees are to be paid to the court.

(2)Writ proceedings

(A) The petitioner should submit the application for waiver of the court fees and costs for a writ proceeding with the writ petition.

(B) A party other than the petitioner should submit any application for initial waiver of the court fees and costs at the time the fees for filing its first document in the writ proceeding are to be paid to the reviewing court.

(3)Petitions for review

(A) The petitioner should submit the application for waiver of the court fees and costs for a petition for review in the Supreme Court with the petition.

(B) A party other than the petitioner should submit any application for initial waiver of the court fees and costs at the time the fees for filing its first document in the proceeding are to be paid to the Supreme Court.

(Subd (b) amended effective October 28, 2011.)

(c) Procedure for determining application

The application must be considered and determined as required by Government Code section 68634.5. An order from the Supreme Court or Court of Appeal determining the application for initial fee waiver or setting a hearing on the application in the Supreme Court or Court of Appeal may be made on Order on Court Fee Waiver (Court of Appeal or Supreme Court) (form APP-016/FW-016) or, if the application is made for the benefit of a (proposed) ward or conservatee, on Order on Court Fee Waiver (Court of Appeal or Supreme Court) (Ward or Conservatee) (form APP-016-GC/FW-016-GC).

(Subd (c) amended effective September 1, 2015.)

(d) 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.

(e) Court fees and costs waived

Court fees and costs that must be waived on granting an application for initial waiver of court fees and costs in the Supreme Court or Court of Appeal include:

(1) The fee for filing the notice of appeal and the fee required for a party other than the appellant filing its first document under Government Code section 68926;

(2) The fee for filing an original proceeding and the fee required for a party other than the petitioner filing its first document under Government Code section 68926;

(3) The fee for filing a petition for review and the fee required for a party other than the petitioner filing its first document under Government Code section 68927; and

(4) Any court fee for telephonic oral argument. (Subd (e) amended effective October 28, 2011.)

(f) 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.

(g) 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 persons 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.

Cal. R. Ct. 8.26

Rule 8.26 amended effective 9/1/2015; adopted effective 7/1/2009; previously amended effective 10/28/2011.

Advisory Committee Comment

Subdivision (a). 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, terminated, 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.

Subdivision (b)(1). If an applicant is requesting waiver of both Court of Appeal fees, such as the fee for filing the notice of appeal, and superior court fees, such as the fee for preparing, certifying, copying, and transmitting the clerk's transcript, the clerk of the superior court may ask the applicant to provide two signed copies of Request to Waive Court Fees (form FW-001).

Subdivision (e). The parties in an appeal may also ask the superior court to waive the deposit required under Government Code section 68926.1 and the fees under rule 8.122 for preparing, certifying, copying, and transmitting the clerk's transcript to the reviewing court and to the requesting party.