FW-001: Request to Waive Court Fees

Rule 3.52 lists the information that must appear on a fee waiver application. The applicant's identifying information (name, address, contact) is at the top of the list , without it the court cannot determine who is asking or send the decision back.

• Listing the spouse's name when only one applicant is asking for a waiver. Each applicant files their own FW-001; if both spouses need a waiver, each files a separate form.
• Using a different spelling than the underlying complaint or petition; the FW-001 should pair with the parent paper, so use the same name spelling.

The applicant's street and mailing address is explicitly required by rule 3.52(a)(1) , the court mails the FW-003 decision to this address.

• Listing a homeless shelter's address without including a 'c/o' line; the court mails the FW-003 decision here, so make sure the address physically reaches the applicant.
• Using the courthouse address by mistake. This is the applicant's home address.

Component of the required address. Same authority as petitioner_street.

• Listing a neighborhood instead of the postal city; use the city as it appears on the applicant's mail.

Component of the required address. Default 'CA' is appropriate for nearly all applicants.

• Out-of-state applicants applying to a California court for a fee waiver: include the actual state, not 'CA' as a placeholder.

Component of the required address.

• ZIP that does not match the city; the court's mailing of FW-003 will bounce.

Phone number is explicitly enumerated alongside name and address in rule 3.52(a)(1).

• Omitting area code; the form caption is read by clerks statewide.
• Listing a phone the applicant cannot answer; the court may call about the application.

The form asks for occupation. If the applicant is unemployed, leaving this blank is appropriate , the eligibility analysis under item 5 doesn't require employment to qualify.

• Employed applicant leaving this blank, hoping a sparse application looks more sympathetic; the court treats blank as 'unemployed' and may question the omission if the income figures suggest otherwise.
• Self-employed applicants writing 'none' instead of 'self-employed' or their actual line of work.

Employer name is required if the applicant is employed. Optional if unemployed.

• Listing a staffing agency when the actual employer is the underlying client; use whichever name appears on the applicant's W-2 or 1099.
• Self-employed gig workers leaving this blank; write 'self-employed' or the platform name (e.g., 'Uber driver, self-employed').

Employer address , required if employer name is filled.

• Listing a worksite address when the employer's official mailing address is different; for a staffing-agency placement, the agency's address is the employer's, not the client's worksite.

Caption identifying the court is universally required on California Judicial Council forms. Without it the clerk cannot route the application.

• Listing a different court than the one where the underlying case is being filed; FW-001 must go to the same court as the parent paper.
• Omitting the branch in multi-branch counties. Some clerks route paper packets by branch and missing branch info delays processing.

Case caption short title (e.g., 'Smith v. Jones') is required on every page of court documents. For a brand-new case where parties don't yet have an opposing party, write 'In re [Applicant Name]' or similar.

• For family law cases: writing only one party's name; family-law captions use 'In re Marriage of Smith' or 'Petitioner v. Respondent', not just one name.
• Mismatching the underlying form's caption; the case name on FW-001 must match the parent form so the clerk pairs them.

Case number is required IF one has been assigned. FW-001 is commonly filed with the very first paper in a case (e.g., simultaneously with the complaint or petition), in which case no case number exists yet , leave blank, the clerk assigns one.

• Inventing a case number for a brand-new filing; leave blank when filing FW-001 with the very first paper of a case.
• For SUBSEQUENT applications in an existing case (e.g., later jury fee waiver), forgetting to copy the assigned number.

The form requires the applicant to specify whether they are seeking waiver of Superior Court fees (the typical case) or Review Court (Court of Appeal / Supreme Court) fees. These have separate fee schedules and waiver thresholds.

• Checking 'Review Court' when seeking a waiver in trial-level proceedings; Review Court (Court of Appeal / Supreme Court) is for appeals only. Default for first-instance filings is Superior Court.
• Checking neither box; the form requires one of the two.

Gov. Code § 68632 establishes three eligibility tiers: (a) public benefits recipients are entitled to fee waiver as a matter of right; (b) applicants whose gross monthly household income is at or below 200% of the federal poverty guideline (raised from 125% effective January 1, 2026 by Stats. 2025, Ch. 646) are also entitled as of right; (c) applicants who can show they cannot afford court fees while paying for basic household needs may receive a discretionary waiver. The applicant must check at least one path.

• Checking 5a (public benefits) without then checking at least one specific benefit on the next field; the applicant must name the program they receive (CalFresh, Medi-Cal, SSI, SSP, CalWORKS, County Relief, IHSS, or CAPI).
• Checking 5b (200% FPG income, raised from 125% on January 1, 2026) when the applicant qualifies under 5a; 5a is faster because the court does not redo the income math, just verifies enrollment in the named program.
• Checking 5c (basic needs / discretionary) without completing page 2's detailed budget; the discretionary waiver requires page 2.

If the applicant chose path 5a (public benefits), they must check at least one specific benefit. Food Stamps / SNAP / CalFresh is one of the qualifying programs.

• Checking this box when the applicant once received CalFresh but is no longer enrolled; the waiver is only granted for current recipients. Lapsed enrollment shifts the applicant to path 5b (income) or 5c (basic needs).
• Confusing CalFresh with WIC; WIC is not on the qualifying list.

Medi-Cal is one of the enumerated qualifying public benefits for path 5a.

• Confusing Medicare with Medi-Cal; Medicare alone is not on the qualifying list. Medi-Cal (the California Medicaid program) is.
• Checking only this when the applicant is also enrolled in CalFresh or another listed benefit; check all that apply, not just one.

SSI (Supplemental Security Income) is one of the enumerated qualifying public benefits for path 5a.

• Confusing SSI with SSDI (Social Security Disability Insurance); SSDI alone does not automatically qualify under path 5a, though SSDI applicants may still qualify under path 5b (income).
• Confusing SSI with regular Social Security retirement; the latter is not on the qualifying list.

SSP (State Supplementary Payment) is one of the enumerated qualifying public benefits for path 5a.

• Most SSI recipients in California also receive SSP automatically; if the applicant gets an SSI check from California Social Security, they likely qualify for both checkboxes (SSI + SSP).

CalWORKS (California's TANF program) and Tribal TANF are enumerated qualifying public benefits.

• Confusing CalWORKS with CalFresh; CalWORKS is the cash-assistance TANF program for families with children. CalFresh is food assistance. Both can apply but they are separate programs and separate checkboxes.

County Relief / General Assistance is an enumerated qualifying public benefit.

• County program names vary: 'General Assistance' (LA County), 'General Relief', 'County Medical Services Program'; all of these qualify under this checkbox.

IHSS (In-Home Supportive Services) is an enumerated qualifying public benefit.

• IHSS workers (paid caregivers) are not 'IHSS recipients' for this purpose; the qualifying applicant is the person receiving IHSS services, not the caregiver.

CAPI (Cash Assistance Program for Immigrants) is an enumerated qualifying public benefit.

• CAPI is California-specific; lawful immigrants who would qualify for SSI but for immigration status receive CAPI instead. Recent immigrants confused about their program can call their county social services for confirmation.

The verification (declaration under penalty of perjury) at the bottom of FW-001 requires the applicant to print their name above the signature line. CCP § 2015.5 sets the form of perjury declarations.

• Filling only the handwritten signature line and skipping the printed-name field; the form requires both. The printed name lets the court read the declarant's name when the handwritten signature is illegible.
• Using a different name than the petitioner_name caption; consistency matters here, the printed name should match.

Perjury declarations under CCP § 2015.5 must include the date of signing , without a date, the declaration is defective and the court can reject the filing.

• Forward-dating to anticipate filing; sign and date on the day the applicant actually executes the declaration, not on the projected filing date.
• Using a date older than the income figures the applicant reports; if income figures cover this month and the verification date is from last month, the court may question whether the application is current.