California Form FW-003, the Order on Court Fee Waiver (Superior Court), is the document a judge signs to grant or deny your request to file court papers without paying fees. You complete only the top three items on the form, identifying yourself, the court, and your case, and submit it together with your fee waiver application (Form FW-001) and the papers that started your case. The court fills in the rest when it rules.
What FW-003 Is and What Part You Fill In
FW-003 is a two-part form. The top holds your identifying information; everything below item 3 is reserved for the court to record its decision. Writing into the judge’s section can cause the clerk to reject the form, so leave items 4 through 6 and the checkboxes below them blank.1Superior Court of California, County of Orange. Self-Help Fee Waiver
FW-003 does not decide eligibility on its own. The judge’s decision rests on the financial information in your FW-001, which asks whether you receive qualifying public benefits, whether your household income is at or below 200 percent of the federal poverty guidelines, or whether paying court fees would force you to give up basic necessities.2California Legislative Information. California Government Code 686323California Legislative Information. California Government Code 68634
Filling In Items 1, 2, and 3
Getting the top three items right keeps your application moving. Each one asks for a specific piece of information.
- Item 1. Your full legal name and current mailing address. If an attorney represents you, add the attorney’s name, address, and California State Bar number in the space provided. The court mails its decision to whichever address appears here, so check it carefully.
- Item 2. The name and street address of the Superior Court where your case is filed. It must match the specific courthouse handling the case, not another branch or county.
- Item 3. The case name (one party versus the other) and the case number if one exists. When you are opening a brand-new case, leave the case number blank; the clerk assigns it when the papers are processed.
Stop there. Section 4 and the checkboxes beneath it belong to the judge.
Filing FW-003 With Your Application
File FW-003 at the same time you file FW-001 and the underlying papers that triggered the fees, whether that is a complaint, petition, answer, or notice of appeal.1Superior Court of California, County of Orange. Self-Help Fee Waiver Hand all three sets to the clerk at the filing window, or submit them through the court’s electronic filing system if one is available. The clerk will not officially file your underlying case papers until the fee waiver question is resolved or you pay the fees.
Superior Court filing fees range from $225 for limited civil cases valued at $10,000 or less up to $435 for unlimited civil cases exceeding $25,000.4Judicial Council of California. Statewide Civil Fee Schedule A granted waiver eliminates the filing fee and also covers copying and certification charges, sheriff and marshal service fees, court reporter attendance, telephone appearances, and the clerk’s transcript on appeal.5Judicial Branch of California. California Rules of Court Rule 3.55 – Court Fees and Costs Included in All Initial Fee Waivers You can also request that jury fees, interpreter fees, and court-appointed expert witness fees be waived.6Judicial Branch of California. California Rules of Court Rule 3.56 – Additional Court Fees and Costs That May Be Included in Initial Fee Waiver
If the court does not act within five court days after you file, the application is deemed granted by operation of law. The judge decides your request based on your finances alone, not the merits of your case.3California Legislative Information. California Government Code 68634
Reading the Judge’s Decision
When the completed FW-003 comes back, items 4 through 6 tell you what happened.
Item 4 is checked when the court grants your request. The form lists the specific fees and costs you no longer owe. A full grant under Rule 3.55 covers filing, copying, certification, sheriff and marshal service, court reporter attendance, telephone appearances, and the clerk’s transcript on appeal.5Judicial Branch of California. California Rules of Court Rule 3.55 – Court Fees and Costs Included in All Initial Fee Waivers Additional fees waived under Rule 3.56 will also appear if you requested them.
Item 5 is checked when the court denies your request in whole or in part. The form states the reason, which will be either an incomplete application or a finding that you do not meet the eligibility criteria. If the judge finds you can afford some fees but not others, item 5 may set a partial waiver or a payment plan. Partial relief is available only under the hardship path, not the public-benefits or income-threshold paths.3California Legislative Information. California Government Code 68634
Item 6 is checked when the court sets a hearing instead of ruling on the papers. The date, time, and location appear on the form, and you get at least 10 days’ notice. Bring documents that support your financial picture: pay stubs, benefit award letters, bank statements, and bills showing your monthly expenses. A hearing can be set for one of two reasons: the judge doubts the accuracy of what you reported, or your application does not clearly establish eligibility one way or the other. You must be told which.
If the Court Denies or Sets a Hearing
You have 10 days from the date the clerk mails the order to act. Your options are to pay the required fees, request a hearing by filing Form FW-006, or provide additional information.7California Courts. If the Court Didn’t Grant Your Fee Waiver Request8California Courts | Self Help Guide. Request for Hearing About Court Fee Waiver Order (Superior Court)
If you do nothing during those 10 days, the court will not process the papers you filed with your application. A complaint or petition effectively dies. A notice of appeal may be dismissed. Mark the deadline the day you receive the denial.
After a Waiver Is Granted: What Can Change
A waiver is not necessarily permanent, and the FW-003 form itself carries a notice about repayment.9Judicial Council of California. Order on Court Fee Waiver (Superior Court)
If you settle or win an award of $10,000 or more, the court holds a lien on that recovery for the full amount of your waived fees, and those fees are paid to the court before you receive anything. Attempting to dismiss your case without filing a declaration about whether recovery exceeded $10,000 can trigger an order to show cause and joint liability for the unpaid fees.10California Legislative Information. California Government Code 68637
If your financial situation improves during the case, you must notify the court within five days using Form FW-010. The court may then schedule a hearing and order you to begin paying fees going forward. If you win your case outright, the judgment must order the losing party to reimburse your waived fees to the court, except in unlawful detainer and family law cases.10California Legislative Information. California Government Code 68637
For appeals, a waiver that is still in effect when you file the notice of appeal automatically covers appellate fees listed in Rule 3.55, so no new application is needed. If your earlier waiver has expired or you never had one, file a fresh FW-001; the same FW-003 records the appellate court’s decision, and the same five-court-day deemed-granted rule and 10-day denial window apply.11Judicial Branch of California. California Rules of Court Rule 8.818 – Waiver of Fees and Costs
Keep your completed copy of FW-003 for the life of the case. The clerk, the sheriff, and the court reporter may each ask to see it before providing services the waiver covers.