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Fee waivers in civil appeals

In most civil cases, you have to pay a fee to file a notice of appeal or other paper that starts the proceeding. If you are a respondent in a proceeding in the Court of Appeal or Supreme Court, in most cases, you will have to pay a fee when you file your first paper in that court. You may also have to pay other court fees in these proceedings, such as fees to prepare or get a copy of a clerk's transcript or for the court to hold a deposit for a court reporter’s transcript. If you can't afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the court. 

Who qualifies for a fee waiver

You qualify for a fee waiver if:  

  • You receive public benefits

    For example, you qualify if you receive Medi-Cal, Food Stamps (Cal Fresh), Cal-Works, General Assistance, SSI, SSP Tribal TANF, IHHS, CAPI, WIC, or unemployment benefits. You will need to list which benefit you receive to qualify this way.

  • Your household income, before taxes, is below a set amount

    The set amount is listed on Request to Waiver Court Fees (form FW-001) in item 5b. You will need to give the court information about your household income to qualify this way.

  • You can't meet your household's basic needs and pay the filing fees 

    You will need to give the court information about your income and expenses to qualify this way.  

You must sign your request for a fee waiver under penalty of perjury. You must tell the truth, and your answers must be accurate and complete. 
 

How to ask for a fee waiver

You will need to fill out and file Request to Waive Court Fees (form FW-001). To learn more about appellate court fee waivers, read Information Sheet on Waiver of Appellate Court Fees-Supreme Court, Court of Appeal, Appellate Division (form APP-015/FW-015-INFO). To learn more about trial court fee waivers, read Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO). The California laws about fee waivers are in California Government Code sections 68630 through 68641.

 

Choose the option that best fits your situation:

If the superior court already granted you a fee waiver and it has not ended yet (fee waivers automatically end 60 days after the judgment), your fees are waived. Just give the appellate division a copy of your fee waiver order.

If you did not have a fee waiver in the trial court, if the fee waiver already ended, or if you want to request that the court waive other fees not included in your current fee waiver, such as the fee for holding a deposit for a court reporter’s transcript, fill out Request to Waive Court Fees (form FW-001) and check both boxes in item 4. Use the Instructions for FW-001 as a guide.

  • If you are the appellant (the party appealing), file Request to Waive Court (form FW-001) with your Notice of Appeal. If you have an existing fee waiver, file form FW-001 when that fee waiver ends.
  • If you haven’t already requested a fee waiver when the fee is due for a copy of the clerk’s transcript or for holding a deposit for a reporter’s transcript, file form-FW-001 with your request for a copy of the clerk’s transcript or the reporter's transcript.
  • If you haven’t already requested a fee waiver and want the fees waived for attending oral argument remotely, file form FW-001 when the fee is due.

If you are the appellant (the party appealing), fill out Request to Waive Court Fees (form FW-001), reading the form very carefully. Use the Instructions for FW-001 as a guide. Turn in Form FW-001 with your Notice of Appeal.

If you are the respondent (a party other than the appellant) and:

  • You got a fee waiver from the trial court that has not ended yet, your court costs are already waived. Just give the appellate court a copy of your fee waiver order.
  • You did not have a fee waiver, it ended, or if you want to request that the court waive other fees, such as the fee for holding a deposit for a court reporter’s transcript, fill out Request to Waive Court Fees (form FW-001), reading the form very carefully and using the Instructions for FW-001 as a guide. Turn in Form FW-001 in the trial court with your request for a copy of the reporter's transcript or the clerk's transcript.

If you want to waive the fees for attending oral argument remotely, turn in Form FW-001 to the Court of Appeal when the fee for this remote appearance is due.

  1. Fill out Request to Waive Court Fees (form FW-001). You can use the Instructions for FW-001 as a guide. 
  2. File Form FW-001 with your petition for a writ.
  3. A party other than the petitioner should file Request to Waive Court Fees (form FW-001) at the time court fees are due.

  1. Fill out Request to Waive Court Fees (form FW-001). You can use the Instructions for FW-001 as a guide. 
  2. File Form FW-001 with your petition for review in the Supreme Court.
  3. A party other than the petitioner should file form FW-001 when their first document is filed with the Supreme Court.

If your fee waiver is granted

The appellate and trial courts will waive fees

The appellate court will waive:

  • The appellate or petitioner's filing fee for a notice of appeal, petition for a writ, or petition for review
  • The filing fee for the first document filed in the appellate court by a party other than the party who filed the notice of appeal or petition
  • Any court fee for having your oral argument by telephone

The trial court will waive:

  • The appellant's cost for preparing, copying, and certifying the clerk's transcript, sending the original to the appellate court and a copy to you, and processing the deposit required under California Government Code section 68926.1
  • The fee for the court to hold in trust the deposit for the court reporter’s transcript
  • The respondent's cost for a copy of the clerk's transcript
  • Any fees for making a transcript or copy of an official electronic recording under California Rule of Court 8.835

When it grants a fee waiver, the trial court also may, but is not required to, waive other necessary court fees or expenses upon request.

Reporter's transcript fees are not waived

Even if you qualify for a fee waiver, the court can't waive the fees for preparing a reporter's transcript in a civil case because this is a fee charged by the reporter, not the court. There is a special fund called the "Transcript Reimbursement Fund" that may help you pay for your transcript. If you can't pay for a reporter's transcript, you can prepare a record of the oral proceedings in other ways. 

Let the court know if your financial situation changes

If your finances improve or you can now afford to pay the court fees and costs, you have to tell the court within 5 days. Fill out a Notice to Court of Improved Financial Situation or Settlement (form FW-010) and file it with the clerk of the court handling your case.

Also, you may get a Notice to Appear for Reconsideration of Fee Waiver (form FW-011). This is a notice from the court to go to a hearing to reconsider your fee waiver. The court sends this notice if it thinks your financial situation may have changed or you are abusing the fee waiver. Make sure you go to this court date, or your fee waiver may be canceled and you may have to repay fees that were waived.

Fee waivers expire 60 days after the judgment or dismissal or after the case is finished in some other way. Waivers can also end if the court finds that you are no longer eligible for one.

You may have to pay back the fees later. 

Even if your fees are waived, you may have to pay them back later if your financial situation changes during the case or you settle with the other side for more than $10,000. Find out more in Information Sheet on Waiver of Appellate Court Fees-Supreme Court, Court of Appeal, Appellate Division (form FW-015-INFO).
 

If your fee waiver request is denied

Your fee waiver application may be denied for 1 of 3 reasons:

  • It is incomplete
  • From your application, the court decided you are not eligible for the fee waiver
  • The court has a substantial question about whether you are eligible for the fee waiver

The judge will indicate the reason for denying your request on the court’s fee waiver order.
If your fee waiver is denied, you have 10 days from the date the order is mailed or personally delivered to you to either:

  • Pay your fees
  • Do what the court ordered in the fee waiver order, like filing a new fee waiver request or providing additional information requested by the court.

If you do not do 1 of these 2 things within the 10 days and you are the appellant, your appeal may be dismissed.

If the court denies your fee waiver but sets a hearing
If the court wants more information to make a decision on your fee waiver, the court may set up a hearing date for you. The information about the hearing (like the date, time, and location) will be on the fee waiver order.

Make sure you go to that hearing. Bring with you any documents that the court tells you to bring. The court will tell you what documents it wants you to bring on the fee waiver order.

If you do not go to this court hearing, your fee waiver application will be denied and you will have to pay your fees in 10 days.

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