Rule 3.52.Procedure for determining application

Division 2. Waiver of Fees and Costs · Last amended 2015 · Last verified July 29, 2026

In one sentenceRule 3.52 walks through how a court rules on a fee-waiver application, specifying the forms for granting or denying it with or without a hearing and requiring that any granted or denied order be accompanied by the appropriate follow-up notice form.

Full Text of Rule 3.52

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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.

End

Plain-English Summary

Once an application is filed, Rule 3.52 tells the court how to process it. The court decides the application under the standards the Government Code sets, then documents its decision on one of several standard forms depending on the outcome: an order deciding the application without a hearing, or an order deciding it after a hearing, with separate versions of each for applications made on behalf of a ward or conservatee.

The rule also requires follow-through paperwork. A granted waiver comes with a blank notice the recipient can later use to tell the court about an improved financial situation or a settlement. A denial issued without a hearing — because the application on its face showed the applicant was not eligible — comes with a blank form the applicant can use to request a hearing instead.

Frequently Asked Questions

What form does a California court use to grant or deny a fee waiver without a hearing?

Order on Court Fee Waiver, form FW-003 (or the ward/conservatee version, FW-003-GC), under Rule 3.52(2).

Can an applicant get a hearing if the fee waiver is denied without one?

Yes. Rule 3.52(5) requires the denial order to come with a blank Request for Hearing About Fee Waiver Order, which the applicant can file to ask for a hearing.

What paperwork accompanies an order granting a California court fee waiver?

A blank Notice of Improved Financial Situation or Settlement, which the recipient uses later if their finances change, per Rule 3.52(4).

Amendment 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 & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

Also known as: how does a judge decide a fee waiver applicationFW-003 FW-008 order forms Californiarequest hearing after fee waiver denied