FW-003-GC Order on Court Fee Waiver (Superior Court) (Ward or Conservatee)

Source: https://www.courts.ca.gov/documents/fw003gc.pdf

Clerk stamps date here when form is filed.FW-003-GC Order on Court Fee Waiver (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: Street or mailing address: Fill in court name and street address: City: State: Zip: Superior Court of California, County of E-mail: Telephone: (Proposed) ward or conservatee: 3 Name: Street or mailing address: City: State: Zip: Telephone: Lawyer for (proposed) ward or conservatee, if any: Fill in case number and name: 4 Name: State Bar No: Case Number: Firm or Affiliation: Street or mailing address: Case Name: City: State: Zip: E-mail: Telephone: A request to waive court fees was filed on (date): 5 The court made a previous fee waiver order in this case on (date): 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 later 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. After reviewing your: Request to Waive Court Fees Request to Waive Additional Court Fees 6 the court makes the following orders: a. The court grants your request concerning the ward's or conservatee's court fees and costs, as follows: (1) Fee Waiver. The court grants your request and waives the 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 fee for phone hearing • Making copies and certifying copies • Giving notice and certificates • Sheriff’s fee to give notice • Sending papers to another court department (List continued on next page.) Judicial Council of California, www.courts.ca.gov FW-003-GC, Page 1 of 3Revised September 1, 2019, Mandatory Form Order on Court Fee Waiver Government Code, §§ 68631, 68634(e)Cal. Rules of Court, rules 3.52 and 7.5 (Superior Court) (Ward or Conservatee)

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

6 a. (1) • 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, certifying, copying, and sending 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 fee waiver request, as follows: Warning! If you miss the deadline below, the court cannot process your request for hearing or the court papers you filed with your original request. If the papers were a notice of appeal, the appeal may be dismissed. (1) The court denies your request because it is incomplete. You have 10 days after the clerk gives notice of this order (see date of service on next page) to: • Pay the ward’s or conservatee’s fees and costs, or • File a new revised request that includes the items listed: Below On Attachment 6b(1)

(2) The court denies your request because the information you provided on the request shows that the ward
or conservatee is not eligible for the fee waiver for the reasons specified:
Below On Attachment 6b(2)

The court has enclosed a blank Request for Hearing About Court Fee Waiver Order (Ward or
Conservatee)(Superior Court) (form FW-006-GC). You have 10 days after the clerk gives notice of this
order (see date of service on next page) to:
• Pay the fees and costs in full or the amount listed in c below, or
• Ask for a hearing in order to show the court more information. (Use form FW-006-GC to request
hearing.)
c. (1) The court needs more information to decide whether to grant your request. You must go to court on the
date on page 3. The hearing will be about questions regarding your eligibility specified:
Below On Attachment 6c(1)

(2) Bring the items of proof to support your request, if reasonably available, that are listed:
Below On Attachment 6c(2)

Revised September 1, 2019 Order on Court Fee Waiver FW-003-GC, Page 2 of 3 (Superior Court) (Ward or Conservatee)

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

Warning! If item c is checked, and you do not go to court on your hearing date, the judge will deny your request to waive court fees, and you will have 10 days to pay the ward’s or conservatee’s fees. If you miss that deadline, the court cannot process the court papers you filed with your request. If the papers were a notice of appeal, the appeal may be dismissed.

NOTE TO GUARDIAN or CONSERVATOR: If there are unpaid court fees after a denial of a request for a fee waiver, your case—including the guardianship or conservatorship proceeding if the waiver is requested in that matter— might not go forward. After a denial, you may choose to advance the court costs yourself to ensure that the case proceeds. If you or another person is appointed as guardian or conservator, you would have an opportunity to be reimbursed for such advances from the assets of the guardianship or conservatorship estate, if any, as allowable expenses of administration. You might also have the right to reimbursement for advanced court costs from persons with an obligation to support the ward or conservatee from assets not part of his or her estate, such as a parent of the ward, the spouse or registered domestic partner of the conservatee who is managing the couple’s community property outside the conservatorship estate, or the trustee of a trust of which the conservatee is a beneficiary.

Name and address of court if different from above:
Hearing g Date: Time:
Date Dept.: Room:

Date: Signature of (check one): Judicial Officer Clerk, Deputy

Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing. Contact the clerk’s office for Request for Accommodation, Form MC-410. (Civil Code, § 54.8.)

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, if any, listed in 1 and 2 , at the court, on the date below. This order was mailed first class, postage paid, to the party and attorney, if any, at the addresses listed in 1 and 2 , from (city): , California, on the date below. A certificate of mailing is attached. Date:

Clerk, by ________________________________ , Deputy

Name:

This is a Court Order. Revised September 1, 2019 Order on Court Fee Waiver FW-003-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