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

What Is Form FW-003-GC?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2019;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form FW-003-GC by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Order on Court Fee Waiver
Clerk stamps date here when form is filed.
FW-003-GC
(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:
Lawyer, if person in
1
has one:
2
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:
Fill in case number and name:
Lawyer for (proposed) ward or conservatee, if any:
4
Case Number:
Name:
State Bar No:
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
are court orders.
X
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:
• Court fee for phone hearing
• Filing papers in superior court
• Giving notice and certificates
• Making copies and certifying copies
• Sending papers to another court department
• Sheriff’s fee to give notice
(List continued on next page.)
Judicial Council of California, www.courts.ca.gov
Order on Court Fee Waiver
FW-003-GC,
Page 1 of 3
Revised September 1, 2019, Mandatory Form
(Superior Court) (Ward or Conservatee)
Government Code, §§ 68631, 68634(e)
Cal. Rules of Court, rules 3.52 and 7.5
Order on Court Fee Waiver
Clerk stamps date here when form is filed.
FW-003-GC
(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:
Lawyer, if person in
1
has one:
2
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:
Fill in case number and name:
Lawyer for (proposed) ward or conservatee, if any:
4
Case Number:
Name:
State Bar No:
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
are court orders.
X
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:
• Court fee for phone hearing
• Filing papers in superior court
• Giving notice and certificates
• Making copies and certifying copies
• Sending papers to another court department
• Sheriff’s fee to give notice
(List continued on next page.)
Judicial Council of California, www.courts.ca.gov
Order on Court Fee Waiver
FW-003-GC,
Page 1 of 3
Revised September 1, 2019, Mandatory Form
(Superior Court) (Ward or Conservatee)
Government Code, §§ 68631, 68634(e)
Cal. Rules of Court, rules 3.52 and 7.5
Name of (Proposed) Ward or Conservatee:
Case Number:
• Reporter’s fee for attendance at hearing or trial, if you request that the court provide an official reporter
6
a.
(1)
• 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
Court-appointed interpreter fees for a witness
Fees for court-appointed experts
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
Below
On Attachment 6b(1)
File a new revised request that includes the items listed:
(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)
Bring the items of proof to support your request, if reasonably available, that are listed:
(2)
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:
g
Date:
Time:
Hearing
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
and
, at the court, on the date below.
1
2
This order was mailed first class, postage paid, to the party and attorney, if any, at the addresses listed in
and
,
1
2
(city):
from
, California, on the date below.
A certificate of mailing is attached.
Date:
Clerk, by ________________________________
, Deputy
Name:
This is a Court Order.
Order on Court Fee Waiver
FW-003-GC,
Revised September 1, 2019
Page 3 of 3
(Superior Court) (Ward or Conservatee)
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