FW-003 is the Order on Court Fee Waiver (Superior Court), the Judicial Council of California form on which a superior court records its decision on a request to file papers or receive services without paying court fees and costs. The court can grant the waiver, deny it, or order a hearing to ask about your finances. This page lets you fill out the form online on FillingPDF and download or print the completed PDF; the form and its Spanish version are published by the Judicial Council at courts.ca.gov.
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What is FW-003?
Form FW-003, Order on Court Fee Waiver (Superior Court), is the Judicial Council of California court order in which a superior court states its decision on a request to file papers or receive services without paying court fees and costs.
The form is a Mandatory Form that cites Government Code section 68634(e) and California Rules of Court, rule 3.52. It opens with the person who asked for the waiver (item 1), that person's lawyer if there is one (item 2), the court, the case number and name, and the date of the request (item 3). In item 4 the court reviews a Request to Waive Court Fees or a Request to Waive Additional Court Fees and makes one of these orders:
- 4a, grant: a fee waiver under rules 3.55 and 8.818, and, if boxes are checked, an additional fee waiver under rule 3.56.
- 4b, denial: the request is incomplete, or the information shows the person is not eligible for the waiver requested.
- 4c, hearing: the court needs more information and sets a hearing date, time, department and room.
The form states that all checked boxes are court orders. A printed Notice warns that the court may order you to answer questions about your finances and later order you to pay back waived fees. The form is not the request itself, and it is not form FW-006, the Request for Hearing About Court Fee Waiver Order (Superior Court). The Judicial Council also offers FW-003 in Spanish.
Who needs to file FW-003?
The main recipient of Form FW-003 is the person who asked the superior court to waive court fees; that person is named in item 1. If that person has a lawyer, the lawyer is listed in item 2 and receives the order too.
The court completes the order. A judicial officer or a deputy clerk signs it, and the clerk completes the Clerk's Certificate of Service on page 3. You do not use FW-003 to ask for a fee waiver: it answers a request you already made on the Request to Waive Court Fees or the Request to Waive Additional Court Fees.
Read it carefully when you receive it. What you must do depends on the box checked: a grant under 4a needs no payment for the listed fees, a denial under 4b starts a 10-day period, and a hearing under 4c requires you to go to court on the date shown on page 3.
When to file FW-003
FW-003 is issued by the court after it reviews your request to waive court fees, and it is dated and signed on page 3. Any deadline then runs from the date the clerk gives notice of the order, which is the date of service in the Clerk's Certificate of Service.
- Denial under 4b: you have 10 days after the clerk gives notice to pay your fees and costs or, if the request was incomplete, to file a new revised request with the missing items. If you were found not eligible, you have 10 days to pay or to ask for a hearing on form FW-006.
- Hearing under 4c(1): go to court on the date, time, department and room shown on page 3. If you do not go, the judge will deny your request and you will have 10 days to pay your fees.
- Change in finances: if your ability to pay fees and costs increases during the case, notify the trial court within five days, using form FW-010.
- Accommodations: ask at least five days before the hearing.
Documents you need
- A new revised Request to Waive Court Fees with the incomplete items listed, only if the court denied the request as incomplete under item 4b(1) and you do not pay.
- Form FW-006, Request for Hearing About Court Fee Waiver Order (Superior Court), only if the court denied the request as not eligible under 4b(2) and you want a hearing; the court encloses a blank copy.
- The items of proof listed in 4c(2), if reasonably available, brought to the hearing when the court sets one under 4c(1).
- Form FW-010, to notify the trial court within five days if your financial circumstances change and your ability to pay fees and costs increases.
- Form MC-410, Request for Accommodations by Persons With Disabilities and Response, only if you need an assistive listening system, real-time captioning or a sign language interpreter at the hearing.
How to fill out FW-003
Identify the person who asked for the waiver
In item 1, enter the name, street or mailing address, city, state and ZIP code of the person who asked the court to waive court fees.
List the lawyer, if there is one
In item 2, enter the lawyer's name, firm name, address, phone number, e-mail and State Bar number. Leave it blank if the person in item 1 has no lawyer.
Enter the court and case details
Fill in the county after Superior Court of California, County of, the court's street address, the case number and the case name.
Record the request dates in item 3
Enter the date the request to waive court fees was filed and, if the court made a previous fee waiver order in the case, the date of that order.
Check the request reviewed in item 4
Mark whether the court reviewed a Request to Waive Court Fees, a Request to Waive Additional Court Fees, or both.
Check the grant in item 4a
Under 4a(1), check the box to grant the fee waiver for the listed fees and costs. Under 4a(2), check each additional fee waived, or specify an item under Other.
Complete a denial in item 4b
Check 4b(1) if the request is incomplete and list the missing items below or on Attachment 4b(1). Check 4b(2) if the person is not eligible and state the reasons below or on Attachment 4b(2).
Set a hearing in item 4c
Check 4c(1) and state the eligibility questions below or on Attachment 4c(1). Under 4c(2), list the proof to bring, below or on Attachment 4c(2).
Enter the hearing details on page 3
Write the court's name and address if different from above, then the hearing date, time, department and room.
Date and sign the order
Enter the date and check whether the signer is a Judicial Officer or Clerk, Deputy, then add the signature.
Complete the Clerk's Certificate of Service
Check whether the order was handed to the party and attorney at the court or mailed first class, enter the city of mailing if mailed, then add the date, deputy's signature and name.
Review and download the completed PDF
Check each item against the court's decision, then download or print the completed PDF from FillingPDF.
How to submit FW-003
You do not file FW-003 yourself: the court issues it, and the clerk gives it to you by hand at the court or by first-class mail to the addresses in items 1 and 2. What you send back depends on the order.
- Pay: if the court denies your request under 4b, pay your fees and costs to the court within 10 days after the clerk gives notice. The form does not give a payment address; use the court named on the form.
- File a revised request: if the request was incomplete under 4b(1), file a new revised request with the incomplete items listed, within 10 days.
- Ask for a hearing: if you were found not eligible under 4b(2), use the blank form FW-006 the court enclosed, within 10 days.
- Attend the hearing: if 4c(1) is checked, go to the court at the address on page 3, or the court named at the top if no other is given, and bring the proof listed under 4c(2) if reasonably available.
- Report changes: send form FW-010 to the trial court within five days of a change that increases your ability to pay.
- Accommodations: contact the clerk's office for form MC-410 at least five days before the hearing.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Missing the 10-day deadline after a denial under item 4b; the court then cannot process the court papers filed with your request, and a notice of appeal may be dismissed.
- Not going to court on the hearing date when item 4c(1) is checked; the judge will deny your request and you will have 10 days to pay your fees.
- Assuming every fee is waived: under 4a(2), additional fees such as jury fees or court-appointed expert fees are waived only if the box is checked.
- Counting the 10 days from the signing date instead of the date the clerk gives notice of the order, shown in the Clerk's Certificate of Service.
- Not notifying the trial court within five days, on form FW-010, when your financial circumstances change and you can pay more.
- Asking for a hearing on a denial under 4b(2) with something other than form FW-006, the form the court encloses for that purpose.
- Requesting an assistive listening system, captioning or sign language interpreter less than five days before the hearing.
- Coming to the hearing without the proof listed in 4c(2) when it is reasonably available.
Frequently asked questions
What is form FW-003?
FW-003 is the Order on Court Fee Waiver (Superior Court), the Judicial Council of California form on which the court records its decision on a fee waiver request. The court can grant the waiver, deny it as incomplete or ineligible, or set a hearing to ask more questions.
Can I fill out FW-003 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and is not connected to the court. The form is a court order, so it takes effect only when a judicial officer or clerk signs it.
Does the person asking for the fee waiver fill out FW-003?
No, the court does. The form says all checked boxes are court orders, and a judicial officer or deputy clerk signs it. You ask for the waiver on the Request to Waive Court Fees; FW-003 is the answer you receive.
What do I do if the court denies my fee waiver on FW-003?
You have 10 days after the clerk gives notice to act. If the request was incomplete, pay or file a new revised request with the missing items. If you were found not eligible, pay, or ask for a hearing on form FW-006, which the court encloses.
What happens if I miss the hearing in item 4c(1)?
The judge will deny your request to waive court fees, and you will have 10 days to pay your fees. If you miss that deadline, the court cannot process the papers you filed with your request, and a notice of appeal may be dismissed.
Which fees does a granted fee waiver cover?
Item 4a(1) lists them, including filing papers in superior court, copies and certified copies, sheriff's fee to give notice and the court fee for a phone hearing. Jury fees and court-appointed expert fees are waived only if checked under 4a(2).
Do I have to tell the court if my finances improve?
Yes. The Notice on FW-003 says that if your financial circumstances change during the case and increase your ability to pay fees and costs, you must notify the trial court within five days, using form FW-010.
Can the court make me pay back a waived fee?
Yes, in some cases. The Notice says the court may order you to answer questions about your finances and later order you to pay back waived fees, and it can charge collection fees if you do not pay. A lien can also apply to a settlement.
Is there a Spanish version of FW-003?
Yes. The Judicial Council of California offers form FW-003 in Spanish on its self-help page for the form, alongside the English version, effective September 1, 2019.
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