SECTIONS 68630-68641 - California Statutes

GOVERNMENT CODE

SECTION 68630-68641

68630. The Legislature finds and declares all of the following:
(a) That our legal system cannot provide "equal justice under law"
unless all persons have access to the courts without regard to their
economic means. California law and court procedures should ensure
that court fees are not a barrier to court access for those with
insufficient economic means to pay those fees.
(b) That fiscal responsibility should be tempered with concern for
litigants' rights to access the justice system. The procedure for
allowing the poor to use court services without paying ordinary fees
must be one that applies rules fairly to similarly situated persons,
is accessible to those with limited knowledge of court processes, and
does not delay access to court services. The procedure for
determining if a litigant may file a lawsuit without paying a fee
must not interfere with court access for those without the financial
means to do so.
(c) That those who are able to pay court fees should do so, and
that courts should be allowed to recover previously waived fees if a
litigant has obtained a judgment or substantial settlement.

68631. An initial fee waiver shall be granted by the court at any
stage of the proceedings at both the appellate and trial court levels
if an applicant meets the standards of eligibility and application
requirements under Sections 68632 and 68633. An initial fee waiver
excuses the applicant from paying fees for the first pleading or
other paper, and other court fees and costs as specified in rules
adopted by the Judicial Council, unless the court orders the
applicant to make partial payments under subdivision (c) of Section
68632, subdivision (d) of Section 68636, or subdivision (e) of
Section 68637. Under circumstances set forth in Section 68636, the
court may reconsider the initial fee waiver and order the fee waiver
withdrawn for future fees and costs or deny the fee waiver
retroactively. At the end of the case, the court may recover fees and
costs that were initially waived under circumstances set forth in
Section 68637.

68632. Permission to proceed without paying court fees and costs
because of an applicant's financial condition shall be granted
initially to all of the following persons:
(a) A person who is receiving public benefits under one or more of
the following programs:
(1) Supplemental Security Income (SSI) and State Supplementary
Payment (SSP) (Article 5 (commencing with Section 12200) of Chapter 3
of Part 3 of Division 9 of the Welfare and Institutions Code).
(2) California Work Opportunity and Responsibility to Kids Act
(CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of
Division 9 of the Welfare and Institutions Code) or a federal Tribal
Temporary Assistance for Needy Families (Tribal TANF) grant program
(Section 10553.25 of the Welfare and Institutions Code).
(3) Food Stamps (Chapter 51 (commencing with Section 2011) of
Title 7 of the United States Code) or the California Food Assistance
Program (Chapter 10.1 (commencing with Section 18930) of Part 6 of
Division 9 of the Welfare and Institutions Code).
(4) County Relief, General Relief (GR), or General Assistance (GA)
(Part 5 (commencing with Section 17000) of Division 9 of the Welfare
and Institutions Code).
(5) Cash Assistance Program for Aged, Blind, and Disabled Legal
Immigrants (CAPI) (Chapter 10.3 (commencing with Section 18937) of
Part 6 of Division 9 of the Welfare and Institutions Code).
(6) In-Home Supportive Services (IHSS) (Article 7 (commencing with
Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code).
(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3
of Division 9 of the Welfare and Institutions Code).
(b) A person whose monthly income is 125 percent or less of the
current poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human Services
under the authority of paragraph (2) of Section 9902 of Title 42 of
the United States Code.
(c) A person who, as individually determined by the court, cannot
pay court fees without using moneys that normally would pay for the
common necessaries of life for the applicant and the applicant's
family. Only if a trial court finds that an applicant under this
subdivision can pay a portion of court fees, or can pay court fees
over a period of time, or under some other equitable arrangement,
without using moneys that normally would pay for the common
necessaries of life for the applicant and the applicant's family, the
court may grant a partial initial fee waiver using the notice and
hearing procedures set forth in paragraph (5) of subdivision (e) of
Section 68634. "Common necessaries of life," as used in this article,
shall be interpreted consistently with the use of that term in
paragraph (1) of subdivision (c) of Section 706.051 of the Code of
Civil Procedure.

68633. (a) An applicant for an initial fee waiver under subdivision
(a) of Section 68632 shall complete, under penalty of perjury, a
Judicial Council application form requiring the applicant to list his
or her current street address, or another address where the court
can contact the applicant, occupation, employer, and the type of
public benefits that he or she is receiving. At the time the
application is submitted, the applicant shall not be required to
provide documents supporting receipt of public benefits, to provide
evidence of identity, to submit to interviews regarding the applicant'
s financial circumstances, to be physically present to file the
application, or to fill out additional parts of the application form.
(b) An applicant for an initial fee waiver under subdivision (b)
of Section 68632 shall complete, under penalty of perjury, both of
the following:
(1) A Judicial Council application form requiring the applicant to
provide his or her current street address, or another address where
the court can contact the applicant, occupation, and employer.
(2) A financial statement showing monthly or yearly income as
determined under rules, and on forms, adopted by the Judicial
Council. At the time the application is submitted, the applicant
shall not be required to provide documents to prove income,
dependents, or expenses, to provide evidence of identity, to submit
to interviews regarding the applicant's financial circumstances, to
be physically present to file the application, or to fill out
additional parts of the application form.
(c) An applicant for an initial fee waiver under subdivision (c)
of Section 68632 shall complete, under penalty of perjury, both of
the following:
(1) A Judicial Council application form requiring the applicant to
provide his or her current street address, or another address where
the court can contact the applicant, occupation, and employer.
(2) A financial statement showing monthly or yearly income and
expenses and a summary of assets and liabilities as determined under
rules, and on forms, adopted by the Judicial Council. At the time the
application is submitted, the applicant shall not be required to
provide documents to prove income, dependents, or expenses, to
provide evidence of identity, to submit to interviews regarding the
applicant's financial circumstances, or to be physically present to
file the application.
(d) The clerk shall provide forms adopted by the Judicial Council
pursuant to this article without charge to any person who requests
those forms or indicates that he or she is unable to pay any court
fees or costs. An applicant shall not be required to complete any
form as part of his or her application under this article other than
those forms adopted by the Judicial Council.
(e) An applicant for an initial fee waiver shall be informed that,
at a later date, the court may require proof of receipt of benefits
or financial information to verify eligibility, as provided in
Section 68636, and that a trial court may seek reimbursement of
initially waived fees under circumstances set forth in Section 68637.
This notice requirement is satisfied if the information is provided
on the Judicial Council fee waiver application form.
(f) Financial information provided by an applicant shall be kept
confidential by the court. No person shall have access to the
application except the court, authorized court personnel, and any
person authorized by the applicant. No person shall reveal any
information contained in the application except as authorized by law.
Any hearing regarding whether to grant or deny a fee waiver request
shall be held in camera, and the court shall exclude all persons
except court staff, the applicant, those present with the applicant's
consent, and any witness being examined. The fact that an applicant'
s fees and costs have been initially waived and the amount of the
waived fees and costs are not confidential. The Judicial Council
shall adopt procedures to keep the financial information confidential
and to consider a request seeking that confidential information.
(g) Counsel representing an applicant who is filing in a general
jurisdiction civil case pursuant to an agreement that counsel will
advance litigation costs shall indicate that agreement on the
application form. The court shall set a hearing to determine whether
or not the applicant is able to pay court fees without using moneys
that normally would pay for the common necessaries of life. This
subdivision does not apply if the applicant is represented by counsel
for, or affiliated with, a qualified legal services project, as
defined in Section 6213 of the Business and Professions Code.

68634. (a) This section applies to the processing and determination
of fee waiver applications in the trial courts.
(b) All applications for an initial fee waiver shall be accepted
for filing. If an applicant submits an application without providing
all required information to complete the form, the clerk may request
that the applicant supply the omitted information, but shall not
refuse to file the application, or refuse to file any pleadings
accompanying the application, on the ground that the fee has not been
paid. The clerk shall not request that the applicant furnish
information that is not required on the Judicial Council fee waiver
application form. At the time the application is submitted, the clerk
shall not request that the applicant provide documents to support
the information other than those required under Section 68633.
(c) If a person has filed an application for an initial fee
waiver, the person shall be permitted to file his or her pleading or
other papers immediately, without paying any fees.
(d) The court may delegate to the clerk the authority to grant
applications for an initial fee waiver that meet the standards of
eligibility and application requirements set forth in Sections 68632
and 68633. The court shall not delegate to a clerk the authority to
deny or to partially grant an application for an initial fee waiver.
(e) The fee waiver application shall be determined without regard
to the substance of the applicant's pleading or other paper filed, if
any. On review of an application for an initial fee waiver the court
shall take the following actions, as applicable:
(1) Grant the application if the information provided on the
application establishes that the applicant meets the criteria for
eligibility and application requirements set forth in Sections 68632
and 68633.
(2) Deny the application if the application is incomplete. If the
application is denied on this basis, the applicant shall be given
notice of the specific reason for denial and a reasonable opportunity
to submit a revised application.
(3) Deny the application if the information provided on the
application conclusively establishes that the applicant is not
eligible for an initial fee waiver under Section 68632 on the grounds
requested. If the application is denied on this basis, the applicant
shall be given notice of the specific reason for denial and a
reasonable opportunity to request a hearing. The applicant may submit
additional information at the hearing.
(4) Set an eligibility hearing if the court has good reason to
doubt the veracity of the factual statements in the application. The
applicant shall be given 10 days' notice of the hearing and the
specific reason the court doubts the veracity of the factual
statements. The court may require that specified, reasonably
available, additional information be provided concerning the
truthfulness of the factual statements in the application, but shall
not require submission of information that is not related to the
criteria for eligibility and application requirements set forth in
Sections 68632 and 68633.
(5) Set an eligibility hearing if the information provided on the
application does not establish that the applicant meets the criteria
for eligibility and application requirements set forth in Sections
68632 and 68633, but that information does not conclusively establish
that the applicant is not eligible for an initial fee waiver on the
grounds requested. The applicant shall be given 10 days' notice of
the hearing and the specific reason why the court has not granted the
application. The court may require that specified, reasonably
available, additional information be provided, but shall not require
submission of information that is not related to the criteria for
eligibility and application requirements set forth in Sections 68632
and 68633.
After notice and an opportunity to be heard, the court may require
an applicant under subdivision (c) of Section 68632 to pay a portion
of court fees, or to pay court fees over a period of time or under
some other equitable arrangement that meets the criteria of
subdivision (c) of Section 68632. The court shall give a written
statement of reasons if an application is denied in whole or in part.
(f) An application for an initial fee waiver is deemed granted
five court days after it is filed, unless before that time, the court
gives notice of action on the application as provided in subdivision
(e). Any delay by the court in processing an application to
initially waive court fees and costs does not count against any time
limits affecting the pleadings or other papers that the applicant
timely filed.
(g) If an application is denied in whole or in part, the applicant
shall pay the court fees and costs that ordinarily would be charged,
or make the partial payment as ordered by the court, within 10 days
after the clerk gives notice of the denial, unless within that time
the applicant submits a new application or requests a hearing under
subdivision (e). If the applicant does not pay on time, the clerk
shall void the papers that were filed without payment of the court
fees and costs.
(h) A person who applies for an initial fee waiver shall indicate
whether he or she has filed a prior application for an initial fee
waiver in the same case within the previous six months and shall
attach a copy, if one is reasonably available.

68634.5. (a) This section applies to the processing and
determination of fee waiver applications in the appellate courts.
(b) All completed applications for a fee waiver shall be accepted
for filing. If an application is submitted without all required
information filled out on the form, the clerk may return the
application to the applicant and request that the applicant supply
the omitted information, but shall not refuse to file any paper
accompanying the application on the ground that the application is
incomplete or the fee has not been paid. The clerk shall not request
that the applicant furnish information that is not required on the
Judicial Council fee waiver application form. At the time the
application is submitted, the clerk shall not request that the
applicant provide documents to support the information other than
those required under Section 68633.
(c) A person shall be permitted to file his or her papers
immediately, even if the person does not present the filing fee, or
an application for, or order granting, a fee waiver.
(d) The court may delegate to the clerk the authority to grant
applications for a fee waiver that meet the standards of eligibility
and application requirements set forth in Sections 68632 and 68633.
The court shall not delegate to a clerk the authority to deny an
application for a fee waiver.
(e) The fee waiver application shall be determined without regard
to the substance of any other paper filed by the applicant. On review
of an application for a fee waiver, the court shall take the
following actions, as applicable:
(1) Grant the application if the information provided on the
application establishes that the applicant meets the criteria for
eligibility and application requirements set forth in Sections 68632
and 68633.
(2) Deny the application if the application is incomplete. If the
application is denied on this basis, the applicant shall be given
notice of the specific reason for denial and a reasonable opportunity
to submit a revised application.
(3) Deny the application if the information provided on the
application conclusively establishes that the applicant is not
eligible for a fee waiver under Section 68632 on the grounds
requested. If the application is denied on this basis, the applicant
shall be given notice of the specific reason for denial and a
reasonable opportunity to submit additional information related to
the criteria for eligibility and application requirements.
(4) If the court concludes that there is a substantial evidentiary
question regarding the applicant's eligibility, the court:
(A) May require the applicant to provide specified, reasonably
available, additional information concerning the factual statements
in the application, but shall not require submission of information
that is not related to the criteria for eligibility and application
requirements set forth in Sections 68632 and 68633.
(B) May set a hearing to consider evidence concerning the
applicant's eligibility.
(C) Shall give a written statement of reasons if an application is
denied.
(f) An application for a fee waiver is deemed granted five court
days after it is filed, unless before that time, the court gives
notice of action on the application as provided in subdivision (e).
(g) If an application is denied, the applicant shall pay the court
fees and costs that ordinarily would be charged within 10 days after
the clerk gives notice of the denial, unless within that time, the
court grants a fee waiver based on a new application or additional
information provided by the applicant under subdivision (e). The
clerk shall notify the applicant of the consequences for failure to
pay the court fees.
(h) A person who applies for an initial fee waiver shall indicate
whether he or she has filed a prior application for a fee waiver in
the same case and shall attach a copy, if one is reasonably
available.

68635. (a) This section applies only to waivers of trial court
fees.
(b) Notwithstanding any other provision of this article, a person
who is sentenced to the state prison or confined in a county jail
shall pay the full amount of the trial court filing fees and costs to
the extent provided in this section.
(c) To apply for an initial fee waiver, a person who is sentenced
to the state prison or confined in a county jail shall complete,
under penalty of perjury, a Judicial Council application form giving
the current address of the inmate and a statement that he or she is
incarcerated, together with a statement of account for any moneys due
to the inmate for the six-month period immediately preceding the
application. The form shall be certified by the appropriate official
of the Department of Corrections and Rehabilitation or a county jail.
(d) When the pleadings or other papers are filed, the court shall
assess and, if funds exist, collect as partial payment, a partial
filing fee of 20 percent of the greater of either of the following:
(1) The average monthly deposits to the inmate's account.
(2) The average monthly balance in the inmate's account for the
six-month period immediately preceding the application.
(e) After the initial filing fee is partially paid, the inmate
shall make monthly payments of 20 percent of the preceding month's
income credited to the inmate's account. The Department of
Corrections and Rehabilitation, or a county jail, shall forward
payments from this account to the clerk of the court each time the
amount in the account exceeds ten dollars ($10) until the filing fees
are paid in full.
(f) The fees collected by the court under this section shall not
exceed the amount of the fees that would be charged to a person who
is not incarcerated.
(g) The court may delegate to a clerk the authority to process
requests for fee waivers from inmates under this section.
(h) An inmate shall not be prohibited from filing pleadings or
other papers solely because the inmate has no assets and no means to
partially pay the initial filing fee.

68636. (a) After the court has granted an initial fee waiver in
whole or in part, and before final disposition of the case, the
person who received the initial fee waiver shall notify the court
within five days of any change in financial circumstances that
affects his or her ability to pay all or a portion of the court fees
and costs that were initially waived.
(b) If, before or at the time of final disposition of the case,
the court obtains information, including information derived from the
court file, suggesting that a person whose fees and costs were
initially waived is not entitled to a fee waiver, or that the person'
s financial condition has changed so that he or she is no longer
eligible for a fee waiver, the court may require the person to appear
at a court hearing by giving the applicant no less than 10 days'
written notice of the hearing and the specific reasons why the
initial fee waiver might be reconsidered. The court may require the
person to provide reasonably available evidence, including financial
information, to support his or her eligibility for the fee waiver,
but shall not require submission of information that is not related
to the criteria for eligibility and application requirements set
forth in Sections 68632 and 68633. The court shall not conduct a
hearing pursuant to this subdivision more often than once every six
months.
(c) At the time of final disposition of the case, the court may
give notice that a person whose fees and costs were initially waived
is required to appear at a court hearing by giving the applicant no
less than 10 days' written notice of the hearing. The court may
require the person to provide reasonably available evidence,
including financial information, to support his or her eligibility
for the fee waiver, but shall not require submission of information
that is not related to the criteria for eligibility and application
requirements set forth in Sections 68632 and 68633.
(d) In conducting a hearing under subdivision (b) or (c), if the
court determines that the person was not entitled to the initial fee
waiver at the time it was granted, the court may order the waiver
withdrawn retroactively. The court may order the person to pay to the
court immediately, or over a period of time, all or part of the fees
that were initially waived. The court shall give the person a
minimum of 10 court days to begin paying the full or partial fees.
(e) In conducting a hearing under subdivision (a), (b), or (c), if
the court determines that the person's financial circumstances have
changed since the grant of the initial fee waiver or partial initial
fee waiver, the court may order the fee waiver withdrawn
prospectively from the time that the person no longer was eligible
for a fee waiver. The court may order the person to pay to the court
immediately, or over a period of time, all or part of the fees that
were waived since the time that the person no longer was eligible for
a fee waiver. The court may order the person to begin paying all or
part of the court fees assessed for future activities in the case.
The court shall give the person a minimum of 10 court days to begin
paying the full or partial fees.
(f) If the court obtains information suggesting that a litigant
whose fees and costs were initially waived is obtaining court
services in bad faith, or for an improper purpose such as to harass
or cause unnecessary delay, or to needlessly increase the costs of
litigation, the court may give notice that the litigant is required
to appear at a court hearing to consider whether limitations should
be placed on court services for which fees were initially waived.

68637. (a) This section applies only to waivers of trial court
fees.
(b) (1) If a party whose trial court fees and costs were initially
waived is a prevailing party within the meaning of Section 1032 of
the Code of Civil Procedure, the judgment or dismissal entered in
favor of the party whose fees and costs were initially waived shall
include an order requiring that the party against whom judgment or
dismissal has been entered pay to the court the waived fees and
costs. The court may refuse to enter a partial or full satisfaction
of a judgment until an accompanying order requiring payment of waived
fees and costs has been satisfied.
(2) A party petitioning the court to enter satisfaction of
judgment shall declare, under penalty of perjury, that any order
requiring payment of waived fees and costs has been satisfied.
(3) This subdivision does not apply to any of the following:
(A) Unlawful detainer cases.
(B) Family law matters, for which recovery of fees is subject to
subdivisions (d) and (e).
(C) Cases in which the judgment or dismissal is entered against a
party whose fees and costs were initially waived.
(c) If a party in a civil case whose trial court fees and costs
were initially waived recovers ten thousand dollars ($10,000) or more
in value by way of settlement, compromise, arbitration award,
mediation settlement, or other recovery, the waived fees and costs
shall be paid to the court out of the settlement, compromise, award,
or other recovery.
(1) The court shall have a lien on any settlement, compromise,
award, or other recovery in the amount of all the court fees and
costs initially waived.
(2) The waived fees and costs shall first be paid to the court
before the party whose fees and costs were initially waived receives
anything of value under the settlement, compromise, award, or other
recovery.
(3) Notice of the lien shall be given to the parties under rules
and on forms adopted by the Judicial Council, and the Judicial
Council shall provide by rule the procedures by which a party subject
to a lien may determine the amount of the lien.
(4) The court may refuse to enter a petition for dismissal in the
case until the lien is satisfied. A party filing a petition for
dismissal shall declare, under penalty of perjury, that the lien has
been paid, or that any settlement, compromise, award, or other
recovery has a value of less than ten thousand dollars ($10,000).
(5) In a case in which an initial waiver of fees and costs was
granted, or if a petition to dismiss the case is filed without the
declaration, the court may issue an order to show cause why the lien
should not be enforced and why the court should not enter a judgment
making the parties jointly and severally liable to the court for
initially waived fees and costs.
(d) If a judgment or an order to pay support is entered in a
family law case, the trial court shall consider, based on the
information in the court file, whether a party who did not receive a
fee waiver has the ability to pay all or part of the other party's
waived fees. Any order for the payment of the other party's waived
fees shall be made payable only after all current support and all
accrued arrears owed by the party who did not receive the fee waiver
have been paid. If the court orders payment of the other party's
waived fees, and the party required to pay is not present in court at
the time judgment is entered, the party required to pay shall be
given notice and an opportunity for a hearing to request that the
court set aside the order to pay fees. A request for a hearing shall
be made in writing within 30 days after service of the notice of the
court order. If a request for hearing is made, the order for payment
of initially waived fees shall not be enforced until after the
hearing.
(e) If a judgment is entered in a family law case, the trial court
shall consider, based on the information in the court file, whether
a party's circumstances have changed so that it is reasonable to
require a party who received an initial fee waiver to pay all or part
of the fees that were initially waived. In making this
determination, the court shall use the criteria for eligibility set
forth in Section 68632. In considering whether a child or spousal
support order constitutes a change of circumstances allowing the
party to pay fees, the court also shall consider the likelihood that
the support obligor will remit the payments ordered by the court. If
a support order is the primary basis for the court's finding of
changed circumstances, the court shall order the support obligor to
pay the previously waived fees subject to the provisions of
subdivision (d). When the court orders the party to pay all or part
of the fees that were initially waived, the party required to pay
shall be given notice and an opportunity for a hearing to request
that the court set aside the order to pay fees. A request for a
hearing shall be made in writing within 30 days after service of the
notice of the court order. If a request for hearing is made, the
order for payment of initially waived fees shall not be enforced
until after the hearing.

68638. (a) The trial court may execute on any order for payment of
initially waived fees and costs in the same manner as on a judgment
in a civil action. The court may issue an abstract of judgment, a
writ of execution, or both, for all of the following:
(1) Recovery of the initially waived fees and costs as ordered.
(2) Fees for issuing the abstract of judgment, writ of execution,
or both.
(3) A twenty-five-dollar ($25) fee for administering this
subdivision.
(4) An amount due to levying officers for serving and collecting
on the judgment that will all be added to the writ of execution.
(b) Upon collection, the initially waived fees and costs, the fees
for issuing the abstract of judgment and writ of execution, and the
twenty-five-dollar ($25) administrative fee shall be remitted to the
court. Thereafter, the amount due to the levying officers for serving
and collecting on the judgment shall be paid.

68639. An initial fee waiver shall expire 60 days after the
judgment, dismissal, or other final disposition of the case.

68640. The Judicial Council may adopt a rule of court to allow
litigants who are not eligible for a fee waiver to pay court fees in
installments.

68641. The Judicial Council shall adopt rules and forms to
establish uniform procedures to implement this article, including,
but not limited to, procedures for all of the following:
(a) Considering and determining applications to proceed without
paying court fees and costs at every stage of the proceedings,
including at the trial and appellate levels of the court.
(b) Prescribing the court fees and costs that may be waived at
every stage of the proceedings.
(c) Giving notice of lien and hearings for reconsideration and
recovery of initially waived fees and costs.
(d) Collecting waived fees and costs.
(e) Requesting a hearing when an application is denied.
(f) Any other procedures necessary to implement the provisions of
this article.