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Information Sheet On Waiver Of Appellate Court Fees APP-015 FW-015-INFO - California

Information Sheet On Waiver Of Appellate Court Fees Form. This is a California form and can be used in Appellate Judicial Council .
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APP-015/FW-015-INFO INFORMATION SHEET ON WAIVER OF APPELLATE COURT FEES (SUPREME COURT, COURT OF APPEAL, APPELLATE DIVISION) If you file an appeal, a petition for a writ, or a petition for review in a civil case, such as a family law case or a case in which you sued someone or someone sued you, you must generally pay a filing fee to the court. If you are a party other than the party who filed the appeal or the petition, you must also generally pay a fee when you file your first document in a case in the Court of Appeal or Supreme Court. You and the other parties in the case may also have to pay other court fees in these proceedings, such as fees to prepare or get a copy of a clerk's transcript in an appeal. However, if you cannot afford to pay these court fees and costs, you may ask the court to issue an order saying you do not have to pay these fees (this is called "waiving" these fees). Who can get their court fees waived? The court will waive your court fees and costs if: You are getting public assistance, such as Medi-Cal, Food Stamps, SSI or SSP, County Relief/General Assistance, IHSS (In-Home Supportive Services), CalWORKS, Tribal Temporary Assistance for Needy Families, or CAPI (Cash Assistance Program for Aged, Blind, and Disabled). You have a low income level. Under the law you are considered a low-income person if the gross monthly income (before deductions for taxes) of your household is less than the amount listed below: Family Size 1 2 Family Income $1,215.63 $1,638.55 Family Size 3 4 Family Income $2,061.46 $2,484.38 Family Size 5 6 Family Income $2,907.30 $3,330.21 If more than 6 people at home, add $422.92 for each extra person. You do not have enough income to pay for your household's basic needs and your court fees . What fees and costs will the court waive? If you qualify for a fee waiver, the Supreme Court, Court of Appeal, or Appellate Division will waive the filing fee for the notice of appeal, a petition for a writ, a petition for review, or the first document filed by a party other than the party who filed the appeal or petition, and any court fee for participating in oral argument by telephone. The trial court will also waive costs related to the clerk's transcript on appeal and the fees for making a transcript or copy of an official electronic recording under rule 8.835. If you are the appellant (the person who is appealing the trial court decision), the fees waived include the deposit required under Government Code section 68926.1 and the costs for preparing and certifying the clerk's transcript and sending the original to the reviewing court and one copy to you. If you are the respondent (a party other than the appellant in a case that is being appealed), the fees waived include the costs for sending you a copy of the clerk's transcript. The court cannot waive the fees for preparing a reporter's transcript in a civil case. A special fund, called the Transcript Reimbursement Fund, may help pay for the transcript. (See http://www.courtreportersboard.ca.gov/ consumers/index. shtml#trf and Business and Professions Code sections 8030.2 and following for more information about this fund.) If you are unable to pay the cost of a reporter's transcript, a record of the oral proceedings can be prepared in other ways, by preparing an agreed statement or, in some circumstances, a statement on appeal or settled statement. How do I ask the court to waive my fees? Appeal in Limited Civil Case (civil case in which the amount of money claimed is $25,000 or less). In a limited civil case, if the trial court already issued an order waiving your court fees and that fee waiver has not ended (fee waivers automatically end 60 days after the judgment), your fee for filing a notice of appeal and your costs for the clerk's transcript are already waived; just give the court a copy of your current fee waiver. If you do not already have an order waiving your fees or you had a fee waiver but it has ended, you must complete and file a Request to Waive Court Fees (form FW-001). If you are the appellant (the party who is appealing), you should check both boxes in item 4 on FW-001 and file the completed form with your notice of appeal. If you are the respondent (a party other than the appellant in a case that is being appealed), the completed form should be filed INFORMATION SHEET ON WAIVER OF APPELLATE COURT FEES (SUPREME COURT, COURT OF APPEAL, APPELLATE DIVISION) APP-015/FW-015-INFO Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Judicial Council of California, www.courts.ca.gov Rev. February 20, 2014 Mandatory Form in the court when the fees you are requesting to be waived, such as the fee for the clerk's transcript or telephonic oral argument, are due. Writ Proceeding in Limited Civil Case (civil case in which the amount of money claimed is $25,000 or less). If you want the Superior Court to waive the fees in a writ proceeding in a limited civil case, you must complete a Request to Waive Court Fees (form FW-001). In item 4 on FW-001, check the second box. The completed form should be filed with your petition for a writ. Appeal in Other Civil Cases. If you want the court to waive fees and costs in an appeal in a civil case other than a limited civil case, such as a family law case or an unlimited civil case (a civil case in which the amount of money claimed is more than $25,000), you must complete a Request to Waive Court Fees (form FW-001). In item 4 on FW-001, check the second box to ask the Court of Appeal to waive the fee for filing the notice of appeal or, if you are a respondent (a party other than the one who filed the appeal), the fee for the first document you file in the Court of Appeal. Check both boxes if you also want the trial court to waive your costs for the clerk's transcript (if the trial court already issued an order waiving your fees and that fee waiver has not ended, you do not need to check the first box; your costs for the clerk's transcript are already waived, just give the court a copy of your current fee waiver). If you are the appellant, the completed form should be submitted with your notice of appeal (if you check both boxes in item 4, the court may ask for two signed copies of this form). If you are the respondent, the completed form should be submitted at the time the fee you are asking the court to waive is due. For example, file the form in the trial court with your request for a copy of the clerk's transcript if you are asking the court
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