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Common Questions

What is the California FW-006 form?

The California FW-006 form is a request for a hearing regarding a court fee waiver order. If your initial request to waive court fees has been denied, this form allows you to ask the court for a hearing. During this hearing, you can present additional information about your financial situation that may support your request for a fee waiver.

Who should fill out the FW-006 form?

This form should be filled out by individuals who have previously requested a waiver of court fees and whose request has been denied. It is essential for anyone seeking to appeal that decision and provide further details about their financial circumstances.

What information is required on the FW-006 form?

The form requires several key pieces of information:

  • Your name and contact information.
  • Your lawyer's details, if applicable.
  • The date of the order denying your fee waiver request.
  • Your case number and case name.
  • A description of additional facts that support your fee waiver request.

How do I submit the FW-006 form?

Once you have completed the FW-006 form, you must file it with the appropriate Superior Court in California. Be sure to check that you have included any necessary attachments, such as a copy of the order denying your request, if available. The court clerk will stamp the date when the form is filed.

What should I include in the additional facts section?

In the section for additional facts, you should provide any relevant information that was not included in your initial fee waiver request. This could include changes in your financial situation, unexpected expenses, or any other circumstances that may affect your ability to pay court fees. If you need more space, you can attach a separate sheet of paper or use form MC-025.

What if I need accommodations for my hearing?

If you require accommodations such as assistive listening systems, real-time captioning, or sign language interpretation, you must request these services at least five days before your hearing. Contact the clerk’s office for further information and to obtain form MC-410, which is specifically for accommodation requests.

Is there a deadline for submitting the FW-006 form?

What happens after I submit the FW-006 form?

After you submit the FW-006 form, the court will review your request and schedule a hearing. You will be notified of the date and time of your hearing, where you can present your case and any additional evidence supporting your request for a fee waiver.

Can I appeal the court's decision after the hearing?

If the court denies your fee waiver request again after the hearing, you may have limited options for appeal. It is essential to consult with a legal professional to understand your rights and the procedures available for appealing the court's decision.

Document Specifications

Fact Name Fact Details
Form Title FW-006 Request for Hearing About Court Fee Waiver Order (Superior Court)
Purpose This form allows individuals to request a hearing regarding a court's denial of their fee waiver request.
Governing Law Government Code, § 68634(e)(3) governs the use of this form in California.
Confidential Information Personal information, such as the applicant's name and address, is required but remains confidential.
Filing Date The clerk will stamp the date when the form is filed, marking the official submission.
Case Information Applicants must provide their case number and case name as part of the form.
Additional Facts Applicants can describe additional facts supporting their fee waiver request, with options to attach extra documents.
Request for Accommodations Assistive services are available if requested at least five days before the hearing.
Form Updates This form was updated on July 1, 2009, and is a mandatory form for fee waiver hearings.

Dos and Don'ts

When filling out the California FW-006 form, it's essential to follow certain guidelines to ensure your application is processed smoothly. Here are four things you should and shouldn't do:

  • Do provide accurate and complete information in all sections of the form.
  • Do attach any relevant documents that support your request for a fee waiver.
  • Don't forget to check the box if you have a copy of the order denying your previous request.
  • Don't leave any sections blank; incomplete forms can delay your hearing.

Misconceptions

Here are seven common misconceptions about the California FW-006 form:

  • It is only for those with lawyers. Many believe that only individuals represented by attorneys can file this form. In reality, anyone can submit the FW-006, regardless of whether they have legal representation.
  • You must have all your financial documents ready to file. Some think they need to provide every piece of financial information upfront. While it's helpful to have supporting documents, you can still request a hearing to present more information later.
  • The form is only for those who have been denied a fee waiver. This is not true. The FW-006 can be used to request a hearing even if you want to appeal a decision or provide additional information to support your original request.
  • You cannot attach additional documents. Many assume that the form must stand alone. However, you can attach extra sheets or documents to provide further context or evidence for your financial situation.
  • The hearing is guaranteed to result in a fee waiver. Some people believe that simply requesting a hearing means they will automatically receive the waiver. The court will review the information presented and make a decision based on the merits of the case.
  • Filing this form is a complicated process. While it may seem daunting, the FW-006 is designed to be straightforward. With clear instructions, most individuals can complete it without extensive legal knowledge.
  • You cannot request accommodations for the hearing. Some individuals think that they have to manage without assistance during the hearing. In fact, accommodations like sign language interpreters or assistive listening systems can be requested in advance.

Documents used along the form

The California FW-006 form is a critical document for individuals seeking a hearing regarding their court fee waiver request. However, it is often accompanied by other important forms and documents that help provide context, support, or additional information to the court. Understanding these supplementary documents can enhance one’s ability to navigate the court system effectively.

  • MC-025: Attachment to Declaration - This form allows individuals to provide additional facts or evidence that support their fee waiver request. If the space on the FW-006 is insufficient, this attachment can be used to elaborate on financial circumstances or other relevant details.
  • MC-410: Request for Accommodations - If assistance is needed during the hearing, this form can be submitted to request services like sign language interpretation or assistive listening devices. It’s essential to make this request at least five days prior to the hearing.
  • FW-001: Application for Waiver of Court Fees - This is the initial form that individuals fill out to request a waiver of court fees. It collects information about the applicant's financial situation and eligibility for a fee waiver.
  • FW-003: Order on Court Fee Waiver - After reviewing the application, the court issues this order to either grant or deny the fee waiver request. This document is crucial for understanding the court's decision and the next steps.
  • FW-008: Request for Hearing on Fee Waiver Order - Similar to the FW-006, this form is used specifically to request a hearing if the initial fee waiver request was denied. It focuses on the need for a hearing to present additional information.
  • FW-007: Notice of Hearing on Fee Waiver Order - This document notifies all parties involved about the scheduled hearing regarding the fee waiver. It ensures that everyone is aware of the date and time to appear in court.
  • Judicial Council Form FL-150: Income and Expense Declaration - This form provides a detailed overview of an individual's income and expenses. It can be attached to support the fee waiver request by illustrating financial hardship.
  • Proof of Service - This document serves as evidence that all necessary parties have been informed about the hearing and any related filings. It is an important procedural step to ensure fairness in the process.

Being aware of these additional forms can significantly aid individuals in their pursuit of a fee waiver and ensure they are well-prepared for their hearings. Each document plays a unique role in the process, contributing to a clearer understanding of financial circumstances and the need for assistance from the court.