How Do You Waive Court Fees in California?

The California rule in one table

| Forms | Request to Waive Court Fees, FW-001. Order on Court Fee Waiver, FW-003. Information sheet FW-001-INFO. Additional fees during a case: FW-002. Hearing request: FW-006. Change notice: FW-010 | | Who decides | The judge, on the papers. A hearing is held only in some circumstances | | Granted by default | The application for an initial fee waiver is deemed granted unless the court gives notice of action within 5 court days after filing | | Eligibility, path 1 | Receiving public benefits: SSI/SSP, CalWORKs or Tribal TANF, SNAP or California Food Assistance, County Relief, General Relief or General Assistance, CAPI, IHSS, or Medi-Cal | | Eligibility, path 2 | Monthly income at 125 percent or less of the current federal poverty guidelines | | Eligibility, path 3 | The court determines, on an individual basis, that the applicant cannot pay court fees without using money needed for the common necessities of life for the applicant and family | | What is waived | Filing papers in superior court (other than an appeal in a case valued over 35,000 dollars), making and certifying copies, the sheriff's fee to give notice, the court fee for a telephone hearing, and the reporter's fee at a hearing or trial where the court is not electronically recording and an official reporter is requested | | Repayment exposure | Fees may have to be paid later if eligibility proof cannot be given, finances improve during the case, or a civil case settles for 10,000 dollars or more. The trial court holds a lien on such a settlement for the waived fees and costs |

What makes California different

California runs three doors into the same waiver, and the statute lists them in order: benefits, the 125 percent line, or individual inability. The form itself carries a monthly-income table from a 2014 revision, and one superior-court packet cover sheet describes a 200 percent figure. Neither is published on this page: the statute text read for this guide sets 125 percent, and the printed dollar figures were not reconciled to a current poverty-guideline year. The second difference is the default grant: file the application and it is deemed granted unless the court acts within 5 court days, which is faster protection than a wait-for-approval model.

The third difference is the tail. A waiver is not always the end of the money question. The court may require repayment later on the three triggers above, and the settlement lien is automatic in the form's own warning. Finances improving during the case must be reported to the court within 5 days on form FW-010.

The process, step by step

1. Read the information sheet FW-001-INFO. Complete FW-001, signed under penalty of perjury, and FW-003.
2. File them with the papers being filed, through the clerk. The application is deemed granted unless the court gives notice of action within 5 court days.
3. If the court questions eligibility, it may require additional reasonably available information or set a hearing to consider evidence. If a lawyer is not providing legal-aid type services based on low income, a hearing to explain the request may be required.
4. If denied, within 10 days after the clerk gives notice of the denial: pay the fees and costs, submit a new application or the additional information requested, or ask for a hearing on form FW-006. The FW-003 warning states the court cannot process the request for a hearing or the papers filed if the window is missed.
5. If finances improve during the case, notify the court within 5 days on FW-010.

Related guides

The same process in the other states in this family: California, Texas, Florida, New York, Washington, Oregon, Colorado. Compare all seven at Court Fee Waivers by State.

Source

The forms, the three eligibility paths, the waived-fee list, the repayment and lien rules, the 5-court-day default grant, and the 10-day denial window on this page come from the California Judicial Council forms FW-001, FW-001-INFO, FW-003, FW-002, and FW-006, California Government Code sections 68632 and 68634.5, and California Rules of Court, rule 8.818. One superior-court packet cover sheet describes a 200 percent figure; the statute text read sets 125 percent, and the statute controls on this page. Facts verified 2026-10-27.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your government agency.