FW-008-GC Order on Court Fee Waiver After Hearing (Superior Court) (Ward or Conservatee)

Source: https://www.courts.ca.gov/documents/fw008gc.pdf

Order on Court Fee Waiver After Hearing Clerk stamps date here when form is filed. FW-008-GC (Superior Court) (Ward or Conservatee)

(Proposed) guardian or conservator who asked the court to 1
waive court fees for (proposed) ward or conservatee:
Name:
Street or mailing address:
City: State: Zip:
Telephone:

2 Lawyer, if person in 1 has one: Name: State Bar No: Firm or Affiliation: Fill in court name and street address: Street or mailing address: Superior Court of California, County of City: State: Zip: E-mail: Telephone: (Proposed) ward or conservatee: 3 Name: Street or mailing address: City: State: Zip: Fill in case number and name: Telephone: Case Number: Lawyer for (proposed) ward or conservatee, if any: 4 Name: State Bar No: Case Name: Firm or Affiliation: Street or mailing address: City: State: Zip: E-mail: Telephone: A request to waive court fees was filed on (date): 5 There was a hearing on (date): 6 at (time): in (Department): The following people were at the hearing (check all that apply): Person in 1 Lawyer in 2 Person in 3 Lawyer in 4 Others (names): Additional persons present listed on Attachment 6.

Read this form carefully. All checked boxes X are court orders.

Notice: The court may order you to answer questions about the ward’s or conservatee’s finances after granting a waiver and may order payment of the waived fees from his or her estate. If this happens and the fees are not paid, the court can also charge collection fees. The court may also direct you to make efforts to collect money to pay back waived fees from persons who owe a duty to support the ward or conservatee. If there is a change in the ward’s or conservatee’s financial circumstances during this case that increases his or her ability to pay fees and costs, you must notify the trial court within five days. (Use form FW-010-GC.) If this case is an action against another party and you win the case on behalf of the ward or conservatee, the trial court may order the other side to pay some or all of the waived fees. If you settle the matter 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. The court may also have a lien against the ward’s or conservatee’s estate that must be paid before the estate is distributed, the guardianship or conservatorship proceeding is concluded, and you are discharged as guardian or conservator.

Judicial Council of California, www.courts.ca.gov Revised September 1, 2019, Mandatory Form Order on Court Fee Waiver After Hearing FW-008-GC, Page 1 of 3 Government Code, §§ 68631, 68634(e)Cal. Rules of Court, rules 3.52, 7.5 (Superior Court) (Ward or Conservatee)

Name of (Proposed) Ward or Conservatee: Case Number:

After reviewing your (check one): Request to Waive Court Fees Request to Waive Additional Court Fees 7
the court makes the following order:
a. The court grants your request and waives the ward’s or conservatee’s court fees and costs as follows:
(1) Fee Waiver. The court grants your request and waives the court fees and costs listed below (Cal. Rules
of Court, rules 3.55 and 8.818.) You do not have to pay the court fees for the following:
• Filing papers in superior court • Court fees for phone hearing
• Making copies and certifying copies • Sheriff’s fee to give notice
• Sending papers to another court department • Giving notice and certificates
• Reporter’s fee for attendance at hearing or trial, if you request that the court provide an official reporter
• Assessment for court investigations under Probate Code section 1513, 1826, or 1851
• Preparing and certifying the clerk’s transcript on appeal
• Holding in trust the deposit for a reporter’s transcript on appeal under rule 8.130 or 8.834
• Making a transcript or copy of an official electronic recording under rule 8.835
(2) Additional Fee Waiver. The court grants your request and waives the 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
Fees for court-appointed experts Court-appointed interpreter fees for a witness
Other: (specify):
b. The court denies your request and will not waive or reduce the ward’s or conservatee’s fees and costs.
(1) The reason for this denial is as follows:
(a) Your request is incomplete. You did not provide all of the information that the court requested. The
missing items are specified: Below On Attachment 7b(1)(a)

(b) You did not go to court on the hearing date to provide the information the court needed to make a
decision.
(c) The information you provide shows ineligibility for the fee waiver you requested because
(check all that apply):
i. The ward’s or conservatee’s income is too high.
ii. The reasons stated: Below On Attachment 7b(1)(c)(ii)

(d) There is not enough evidence to support a fee waiver.
(e) Other reasons stated: Below On Attachment 7b(1)(e)

Revised September 1, 2019 Order on Court Fee Waiver After Hearing FW-008-GC, Page 2 of 3 (Superior Court) (Ward or Conservatee)

Name of (Proposed) Ward or Conservatee: Case Number:

7 b. (2) You may pay the initial filing fee over time. You must make monthly payments of at least $ beginning (date): and then payable on the 1st of each month after that, until the fees checked below are paid in full. Filing fees. Other (describe): You must pay all other court fees and costs as they are due. c. The court partially grants your request so you can pay, from the estate of the ward or conservatee or from funds from persons or entities with a duty to support the ward or conservatee, court fees without using money needed to pay for the ward’s or conservatee’s household’s basic needs. You are ordered to pay a portion of the ward’s or conservatee’s fees, as checked in items c(1) and (2) below. The court only partially grants the request for the reasons stated: Below On Attachment 7c

(1) You must pay percent of the ward's or conservatee's court fees.
(2) 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
Jury fees and expenses Fees for a peace officer to testify in court
Court-appointed experts’ fees Court fees for telephone hearings
Making certified copies
Reporter’s fee for attendance at trial or hearing, if you request that the court provide an official reporter
Other fees (specify):
(3) Other orders as specified: Below On Attachment 7c(3)

Warning! If item 7b or 7c above is 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 7b(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): I handed a copy of this order to the party and attorney(s), if any, listed in 1 , 2 , and 4 , at the court, on the date below. This order was mailed first class, postage paid, to the party and attorney(s), if any, at the addresses listed in 1 , 2 , and 4 , from (city): , California, on the date below. A certificate of mailing is attached. Date: Clerk, by ________________________________ , Deputy Name: Revised September 1, 2019 Order on Court Fee Waiver After Hearing FW-008-GC, Page 3 of 3 (Superior Court) (Ward or Conservatee) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form