How to Fill Out California FW-002: Request to Waive Additional Court Fees

California Form FW-002, Request to Waive Additional Court Fees (Superior Court), is the form you file when new court costs come up after a judge has already granted you a fee waiver. Think jury deposits, court-appointed interpreters or experts, peace officer witness fees, court reporter charges. You download it from the California Courts website or pick one up at any superior court clerk’s office, check the fees you need covered, and file it with the court handling your case. There’s no charge to file it.

When FW-002 Is the Right Form

FW-002 is a supplemental request. It assumes a judge has already signed an Order on Court Fee Waiver (Form FW-003) in your case. If that’s you, FW-002 is how you add later-arising costs to the waiver you already have.¹

If you’ve never had a fee waiver granted in this case, start with Form FW-001 (Request to Waive Court Fees) instead. You can submit FW-001 together with FW-002, but the court won’t act on the additional-fee request until the underlying waiver is in place.² Eligibility for the underlying waiver depends on receiving qualifying public benefits, having household income at or below 200 percent of federal poverty guidelines, or showing a judge you can’t pay court fees without sacrificing basic living expenses.³

Which Fees You Can Ask to Waive

Item 5 of FW-002 is the heart of the form. The court will only waive the specific fees you check or write in, so take time with this section. The checkboxes cover:¹

Jury fees and expenses. California requires a nonrefundable $150 deposit from at least one party on each side of a civil case to demand a jury trial, plus daily juror costs like mileage and per diem.⁴
Court-appointed interpreter fees for a witness.
Fees for a peace officer to testify. Subpoenaing a law enforcement officer usually means paying the employing agency for the officer’s salary and travel.
Fees for court-appointed experts.
Other. A write-in line for any additional court-related cost, such as court reporter fees, which run $30 for proceedings under one hour and the actual reporter cost (per half-day) for longer sessions.⁵

Skip a box and you stay on the hook for that cost. If you’re not sure a fee will come up, check it anyway.

Filling Out the Form

FW-002 is one page with six numbered items, plus the court and case information at the top.

At the top, enter the name and street address of the superior court where your case is pending, along with your case name and case number.

Item 1 asks for your full legal name, address, and phone number. The court mails its decision here, so use a current address.

Item 2 is for your lawyer, if you have one: name, firm, address, phone, and State Bar number. The item also asks whether your lawyer has agreed to advance any of your fees or costs, and if yes, your lawyer signs here.

Item 3 wants the date of your most recent fee waiver order. Pull it from your FW-003.

Item 4 asks whether your financial situation has changed. Check “No” if things are the same or worse than when the court granted your last waiver. Check “Yes” only if your income or assets have gone up, and in that case attach a new FW-001.¹

Item 5 is the fee checklist described above. Check every category you expect to need and use line (e) for anything not listed.

Item 6 asks you to explain why you need these services. Keep it short and direct. For jury fees, say your case is set for jury trial and you can’t afford the deposit. For a court-appointed expert, say what the expert would evaluate and why it matters.

Sign and date the form at the bottom.

Where to File

File FW-002 with the clerk’s office at the courthouse handling your case. You have three options:⁶

In person at the filing window. Fastest, and you get confirmation on the spot.
By mail to the clerk’s office. Allow extra time for delivery and processing.
Online, if your superior court accepts electronic filing of fee waiver forms. Check the local court’s website.

There is no filing fee for FW-002.

What the Court Does Next

A judicial officer reviews your request and records the decision on Form FW-003 (Order on Court Fee Waiver).⁷ One of three things happens:

Granted. The FW-003 lists each additional fee the court is now covering. Keep a copy with your case file.
Denied. The order explains the reason.
Hearing set. If the court needs more information, it schedules a hearing. You get at least 10 days’ written notice and a statement of the court’s specific reason for not granting the request outright.⁸

Check your mail (and any e-filing portal) regularly after you file. A signed FW-003 is your only proof that the additional fees are covered. Don’t assume anything until you see the order.

If the Court Denies Your Request

You have 10 days after the clerk notifies you of a denial to either pay the fees or take further action.⁹ If the problem was an incomplete form, file a corrected version within that window. If the court found you ineligible on the information you gave, ask for a hearing and bring supporting documents: pay stubs, benefit award letters, bank statements, proof of monthly expenses.⁸

If a hearing is set and you skip it, you’ll have 10 days to pay the fees or your case paperwork could be canceled.⁹ Don’t miss the date.

If Your Finances Improve Later

A fee waiver, including an additional-fee waiver, isn’t permanent. If your financial situation improves after the court grants it, you must notify the court within five days using Form FW-010.⁶ That includes a new job, an inheritance, or any significant jump in household income. The court can end your waiver and require you to pay previously waived fees if you don’t report the change.¹⁰

1
Judicial Council of California. Request to Waive Additional Court Fees (Superior Court)
2
California Courts. Request to Waive Additional Court Fees (Superior Court)
3
California Legislative Information. California Code GOV 68632 – Waiver of Court Fees and Costs
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California Legislative Information. California Code of Civil Procedure CCP 631
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California Legislative Information. California Code GOV 68086
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California Courts. Ask for a Fee Waiver
7
Judicial Council of California. Order on Court Fee Waiver (Superior Court)
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California Legislative Information. California Code GOV 68634
9
California Courts. If the Court Didn’t Grant Your Fee Waiver Request
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California Legislative Information. California Code GOV 68630 – Waiver of Court Fees and Costs