Madera Superior Court Filing Fees and Waivers

An attorney requesting court services is responsible for securing payment, and collection proceedings may proceed against the attorney if the client does not pay.

1.8.1 Responsibility for Fees. (a) When an attorney orders services on behalf of a client, that attorney shall be responsible for securing payment for those services. (b) Any attorney requesting services from the Court acknowledges that collection proceedings may proceed against the requesting attorney should the client fail to pay the requisite fees.

Applies to

Ex parte order application

An ex parte order application may not be made until any required fee is paid, except for guardian-ad-litem appointments and approvals of undertakings or attachments.

No application for an ex parte order, except for the appointment of a guardian ad litem or the approval of an undertaking or an attachment, shall be made until any required filing or other fee, if any, has been paid.

Applies to

Telephonic appearance form

A litigant must pay a non-refundable, non-waivable telephone appearance fee to the Program Administrator with the form, in addition to any required court filing fees.

2.7.6 Payment of Fee to Program Administrator. The litigant must accompany the Form with payment of a non-refundable, non-waivable telephone appearance fee, consistent with the fee schedule listed in California Rules of Court, rule 3.670, subdivision (k). This fee is paid to the Program Administrator and not to the Court. This fee covers all of the costs of litigant’s participation in the telephonic hearing and no other telephone or separate teleconference charge shall be assessed against the litigant. This payment is separate from, and in addition to, any filing fees which may be required to be paid to the Clerk of the Court in connection with the subject hearing or proceeding.

Applies to

Fax filing

Fax-filing fees must be paid to the Clerk within three days after completion of the fax filing; failure to pay may result in the pleading being stricken after notice to the parties.

2.11.1 Payment of Fees. Fees for papers delivered to the Court via facsimile filing shall be remitted within three (3) days after the fax filing is completed by payment to the Clerk. If a party or counsel fails to pay the fee within the required time, the pleading shall be stricken on the Court’s own motion after notice to the parties of record.

Applies to

Traffic school application

A fine and fee must be paid to the Superior Court in the county where the violation occurred, in accordance with that court’s policy.

(1) Fine and fee is payable at the Superior Court in the county of violation according to that court’s policy;

Applies to

Traffic school attendance

Each person permitted or ordered to attend traffic violator school must pay a fee equal to the underlying offense’s bail plus authorized administrative fees to the Division that authorized attendance.

4.2.5 Added Fees for Traffic Violator School. Each person permitted or ordered to attend traffic violator school shall pay a fee equal to the bail for the offense for which he or she was cited. In addition each person shall also pay administrative fees as authorized by law. Payment for both such fees shall be made to the Division which permitted or ordered the traffic violator school attendance.

Fee

$200

Applies to

Child custody recommending counseling mediation

Family Court Services may charge a party $200 if the party fails to attend or is unavailable within 15 minutes without giving at least 48 hours' notice.

Family Court Services may charge fee of $200.00 to a party who fails to attend entirely or who fails to make themselves available within a 15-minute grace period for a scheduled Child Custody Recommending Counseling/Mediation session without notifying the Family Court Services office personnel no less than 48 hours in advance.

Fee

$100

Applies to

Child custody recommending counseling mediation

Family Court Services shall collect $100 from each parent for each subsequent counseling or mediation session, subject to possible increases by policy memorandum.

For each subsequent Child Custody Recommending Counseling/Mediation, the Family Court Services division of the Court shall collect a charge of $100.00 per parent.

Fee

$100

Applies to

Child custody interview

Each parent must pay a $100 fee before a Family Court Services child interview.

For each child interview conducted by Family Court Services there shall be a $100.00 fee collected from each parent prior to the interview.

Applies to

Family court services fees

Parties must pay counseling and mediation fees at the Family Court Services appointment unless a valid fee waiver is on file, and nonpayment may cause cancellation.

Parties shall pay all fees at the time of their appointment with Family Court Services, unless they have a valid fee waiver on file. Nonpayment of fees may result in appointment cancellation.

Fee

$600

Applies to

Child custody investigation or evaluation

Family Court Services shall collect $600 from each parent for a referred child custody investigation or evaluation, subject to later policy-memorandum changes.

For each matter referred by the Court for a child custody investigation or evaluation, Family Court Services shall collect a charge of $600.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum.

Fee

$200

Applies to

Limited scope investigation or evaluation or expanded mediation

Family Court Services shall collect $200 from each parent for a Limited Scope child custody investigation or evaluation or Expanded Mediation, subject to later policy-memorandum changes.

For each matter referred by the Court for a Limited Scope child custody investigation or evaluation or an Expanded Mediation, Family Court Services shall collect a charge of $200.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum.

Applies to

Child custody investigation fee relief request

A party seeking relief from a Child Custody investigation charge must file the court-specified request, a current Judicial Council Income and Expense Declaration, and specified income documentation or employer wage statement.

If a party believes that he or she does not have the ability to pay the cost of the Child Custody investigation, the party seeking relief shall file a written request for relief (on a form specified by the Court) from the charge and a complete and current Judicial Council Income and Expense Declaration Form with the Clerk setting forth, assets, all income and expenses, including copies of pay stubs for the previous month or a statement by the applicant’s employer of wages earned in the last 30 days.

Applies to

Family court services fees

A supplemental application is required to waive Family Court Services fees, and the waiver must be approved before the first appointment; otherwise, payment is due before that appointment.

Parties who have filed an Application for Waiver of Court Fees and Costs who seek to have the charge imposed for any Family Court Services Fees waived, must submit a supplemental application under California Rules of Court 3.52. Fee waivers must be approved before the first appointment with Family Court Services. Therefore, a fee waiver should be applied for at least two weeks prior to your first appointment. Applicants for waiver of charges will be considered, on the same basis as waiver of filing fees. If no fee waiver has been approved, payment is due prior to the first appointment.

Fee

$100

Applies to

Child custody recommendation counseling mediation

Family Court Services must collect a $100 fee from each parent before each child interview for Child Custody Recommendation Counseling or Mediation.

For each child interview conducted by Family Court Services for Child Custody Recommendation Counseling/Mediation there shall be a $100.00 fee collected from each parent prior to the interview.

Fee

600

Applies to

Guardianship investigation

A $600 charge applies to each guardianship investigation conducted under Probate Code section 1513, is charged to the petitioner, and is due upon the first appointment unless a fee waiver is approved.

There shall be a charge of $600.00 for each investigation conducted pursuant to Probate Code § 1513 charged to the petitioner. This charge shall be paid to the Family Court Services Division at the time an appointment is made for an interview. This charge may increase from time to time by Policy Memorandum. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment.

Fee

400

Applies to

Conservatorship investigation

A $400 charge applies to each court-investigator conservatorship investigation concerning the conservatee.

There shall be a charge of $400 for each conservatorship investigation conducted by a court investigator with respect to that conservatee.

Fee

$1

Applies to

Appellate record

When the court file is stipulated as the record, the court charges $1.00 per page for specified appellate-record copies, shared by the appellant and respondent, who may seek fee relief.

1.9.1 Copying Fees When the parties stipulate that the Court file shall be the record in the case, the Court shall charge a fee of $1.00 per page to cover the cost of paper and labor, for copies of the record for transmission to the Court of Appeal or the Appellate Division of the Superior Court, for copies of the record for the Superior Court’s own files, and for copies of the record for each of the parties. This fee shall be shared by the Appellant and Respondent. An Appellant or Respondent may apply to the appropriate court for relief from such fees.

The court may refuse to enter judgment when a party has not paid fees due and owing, except when the interests of justice require otherwise.

1.8.2 Withholding of Judgment for Non-Payment of Fees. Except where the interests of justice would require otherwise, the Court may refuse to enter judgment when any party to the case has failed to pay fees due and owing to the Court.

Fee

$0.5

Applies to

Forms and form packets

The clerk charges $0.50 per page for preparing copies of 1–25-page forms or form packets.

1-25 $0.50 Per Page*

Fee

$16

Applies to

Forms and form packets

The clerk charges a $16.00 flat rate for preparing copies of 26–40-page forms or form packets.

26-40 $16.00 Flat Rate*

Fee

$20

Applies to

Forms and form packets

The clerk charges a $20.00 flat rate for preparing copies of forms or form packets containing 41 or more pages.

41+ $20.00 Flat Rate*

The clerk may grant qualifying initial fee-waiver applications but may not deny or partially grant them.

1.8.4 Fee Waivers – Delegation of Authority. Per Government Code § 68634(d), the Court delegates to the Clerk of the Court the authority to grant applications for an initial fee waiver that meet the standards of eligibility and application requirements set forth in Sections 68632(a)-(b) and 68633. As further provided for in Government Code § 68634(d), the Court shall not delegate to a clerk the authority to deny or to partially grant an application for an initial fee waiver.

Applies to

Full document copy

Full document copies are subject to the copy fees specified by the statewide civil fee schedule and referenced supporting code sections.

Full copies of documents will accrue the copy fees consistent with the statewide civil fee schedule, and the supporting code sections referenced within.

Applies to

Telephonic appearance form

Payment of the telephone appearance fee to the Program Administrator may be made by credit card or check.

2.7.7 Method of Payment and Confirmation. Payment to the Program Administrator may be made by credit card or check.

Fee

$20

Applies to

Continuance

The court may impose a $20 continuance fee for any matter continued on its calendar, payable by the requesting party before entry of judgment or dismissal.

(f) Continuation Fee. The Court, at its discretion, may impose a $20 continuance fee for the continuance of any matter on the Court’s calendar. The fee shall be payable to the Court by the party upon whose behalf a continuance of the hearing date was requested. The fee shall be paid prior to the entry of judgment or dismissal of the matter.

Fee

$20

Applies to

Case management conference continuance

When a party caused the circumstance resulting in a continuance, the Court may impose a $20 continuance fee that must be paid before judgment or dismissal.

The Court may, in its discretion, impose a $20 continuance fee if the circumstance causing the continuance is caused by one or more of the parties. The fee must be paid prior to the entry of judgment or dismissal.

The filing fee is waived for a party who submits an in forma pauperis petition and appears unable to proceed without using funds needed for basic necessities.

The required filing fee shall be waived if the party has submitted a petition to proceed in forma pauperis and it reasonably appears that such person could not otherwise proceed without using the funds required for the necessities of life.

Fee

275

Applies to

Subpoena

A $275 subpoena trust deposit is required for the Child Custody Recommending Counselor subpoena.

The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance.

Applies to

Subpoena trust deposit

All subpoena trust deposit fees must be paid at the Civil Division window.

All subpoena trust deposit fees shall be paid at the Civil Division window.

Fee

55

Applies to

Subpoena

If the Child Custody Recommending Counselor subpoena expenses exceed the $275 deposit, additional fees may be added to the depositing party's case at $55 per hour.

If expenses exceed the $275.00 deposit, Family Court Services will add the fees to the case of the depositing party for the additional funds at the current CCRC hourly rate of $55.00 per hour.

Fee

$300

Applies to

Stepparent adoption investigation

A $300 investigation fee applies to each stepparent-adoption investigation, may be increased by policy memorandum, and is due at the first appointment unless a fee waiver has been approved.

There shall be a charge of $300 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator for a stepparent adoption pursuant to Family Code §§ 9000, et seq. [formerly Civil Code § 227.10, et seq.]. This charge may increase from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment.

Fee

$300

Applies to

Declare minor free petition investigation

A $300 investigation fee applies to each investigation under Family Code section 7820 and may be increased by policy memorandum.

There shall be a charge of $300.00 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator pursuant to Family Code §§ 7820, et seq. This charge may increase from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process.

Fee

$450

Applies to

Dual stepparent adoption or declare minor free petition investigation

A $450 investigation fee applies to each investigation under Family Code sections 9000 and 7820 and may be increased by policy memorandum.

There shall be a charge of $450.00 for each investigation conducted by the Family Court Services Division of this Court or by any court-appointed investigator pursuant to Family Code §§ 9000, et seq. and Family Code §§ 7820, et seq. This charge may increase from time to time by Policy Memorandum.

Applies to

Guardianship or conservatorship investigation

A party unable to pay a guardianship or conservatorship investigation charge must request relief under the cited rules, and payment remains due at the first appointment unless a fee waiver is approved.

If a party, who is required to pay an investigation charge under Local Rule 7.8.2 or 7.8.4, believes that neither the party nor the estate has the ability to pay the cost of the investigation, the party requesting relief shall submit a request for relief in compliance with Local Rule 5.1.28 and/or 5.1.8. Please see section 5.1.29 for instructions regarding fee waivers. If no fee waiver has been approved, payment is due at the time of the first appointment.

Applies to

Forms and form packets

Fee Waiver, Small Claims, Civil Harassment, and Domestic Violence forms and packets are provided free of charge.

* The following Forms/Packets are provided at NO CHARGE: (1) Fee Waiver Packet; (2) Small Claims Packets; (3) Civil Harassment Packet; and (4) Domestic Violence Packet.

Applies to

Copy of filed document

Upon request, any party or attorney may obtain an emailed copy of a filed document without charge.

E-mailed copies of any filed document may be provided to any party, or their attorney, upon request at no charge.

Parties that have obtained a fee waiver are exempt from the referenced filing provision.

(d) Parties who have obtained a fee waiver are exempt from this provision.

Applies to

Family court services report

Reports from previous or adjudicated Family Court Services filings are obtained through the Civil Division, and copy charges may apply.

All Family Court Services reports related to previous or adjudicated filings shall be obtained through the Civil Division and charges for copies may apply.

Applies to

Restraining order petition or protective order action

No filing fee is due for petitions or protective-order actions covered by the restraining-order electronic-filing chapter.

There shall be no filing fees for petitions or protective order actions submitted pursuant to this Chapter.