Rule 3.52. Procedure for determining application

The procedure for determining an application is as follows:

(1) The trial court must consider and determine the application as required by Government Code sections 68634 and 68635.

(2) An order determining an application for an initial fee waiver without a hearing must be made onOrder on Court Fee Waiver (Superior Court)(form FW-003) or, if the application is made for the benefit of a (proposed) ward or conservatee, onOrder on Court Fee Waiver (Superior Court) (Ward or Conservatee)(form FW-003-GC), except as provided in (6) below.

(3) An order determining an application for an initial fee waiver after a hearing in the trial court must be made onOrder on Court Fee Waiver After Hearing (Superior Court)(form FW-008) or, if the application is made for the benefit of a (proposed) ward or conservatee, onOrder on Court Fee Waiver After Hearing (Superior Court) (Ward or Conservatee)(form FW-008-GC).

(4) Any order granting a fee waiver must be accompanied by a blankNotice of Improved Financial Situation or Settlement(form FW-010) or, if the application is made for the benefit of a (proposed) ward or conservatee, aNotice to Court of Improved Financial Situation or Settlement (Ward or Conservatee)(form FW-010(GC).

(5) Any order denying an application without a hearing on the ground that the information on the application conclusively establishes that the applicant is not eligible for a waiver must be accompanied by a blankRequest for Hearing About Fee Waiver Order (Superior Court)(form FW-006) or, if the application is made for the benefit of a (proposed) ward or conservatee, aRequest for Hearing About Court Fee Waiver Order (Superior Court) (Ward or Conservatee)(form FW-006-GC).

(6) Until January 1, 2016, a court with a computerized case management system may produce electronically generated court fee waiver orders as long as:

(A) The document is substantively identical to the mandatory Judicial Council form it is replacing;

(B) Any electronically generated form is identical in both language and legally mandated elements, including all notices and advisements, to the mandatory Judicial Council form it is replacing; and

(C) The order is an otherwise legally sufficient court order, as provided in rule 1.31(g), concerning orders not on Judicial Council mandatory forms.