Monterey Superior Court Filing Fees and Waivers

Applies to

Continuance request

The statutory continuance fee must be submitted with every continuance request.

The fee stated in Government Code section 70617 shall be submitted with the request.

Applies to

Court investigator fees

Unless a fee-waiver order exists, the court-investigator fee is due when petitions for probate-conservator appointment, temporary-conservator appointment, or account approval are filed, except an account following the conservatee's death; hardship deferral requires a request and supporting facts in the petition.

Unless a fee waiver order is on file, the court investigator fee must be paid at the time the petition is filed in the following instances: appointment of probate conservator, appointment of temporary conservator, and approval of an account (unless following the death of the conservatee). If the conservator believes the fees should be deferred due to hardship, the subject petition shall include a request for deferral and shall set forth facts to establish a hardship.

Applies to

Court investigation

Deferred court investigator fees become due upon termination of a conservatorship unless hardship or lack of estate assets supports a waiver.

B. Upon termination of the conservatorship, any court investigator fees previously deferred are nonetheless due and payable, except under either of the following conditions:

Applies to

Final account

The court will not approve a conservator's final account until court investigator fees are paid or waived.

C. The order approving final account of conservator will not be granted until the court investigator fees are either paid or waived by the court.

Deadline

10 calendar days

Applies to

Court investigation

A court investigator fee is due within 10 days after the investigation is ordered unless waived, and a hardship deferral request must be included in the petition with supporting facts.

C. The court investigator fee must be paid within 10 days after the court orders the court investigation, unless the Court approves a fee waiver. (See California Rules of Court, rule 7.5) If the petitioner believes the fees should be deferred due to hardship, the petition shall include a request for deferral of the fee and shall set forth facts to establish a hardship.

Applies to

Notice of appeal or petition for extraordinary relief

At filing, a party must submit the required fee or a request to waive court fees for a notice of appeal or petition for extraordinary relief.

At the time of filing a notice of appeal or a petition for extraordinary relief, a party must file the required fee or a request to waive court fees.

Applies to

Elisor appointment

An acknowledgement fee is assessed when an elisor is appointed.

An acknowledgement fee (see Statewide Civil Fee and Local Fee Schedule on the court’s website) will be assessed at the time of the appointment.

Fee

$330

Applies to

Notice of appeal or writ petition

A notice of appeal or writ petition in a limited civil case with more than $10,000 in controversy requires a $330 filing fee.

The fee for filing a notice of appeal or a writ petition in a limited civil case is three hundred thirty dollars ($330) if the amount in controversy is more than ten thousand dollars ($10,000)

Fee

$205

Applies to

Notice of appeal or writ petition

A notice of appeal or writ petition in a limited civil case with less than $10,000 in controversy requires a $205 filing fee.

The fee for filing a notice of appeal or a writ petition in a limited civil case is two hundred five dollars ($205) where the amount in controversy is less than ten thousand dollars ($10,000).

Applies to

Notice of appeal

A new fee-waiver application is unnecessary for a notice of appeal only when a prior trial-court waiver remains effective and covered all appellate fees; otherwise, form FW-001 is required.

When filing a notice of appeal, a party is not required to submit a new application for waiver of court fees if the trial court previously issued a waiver, and the waiver remains in effect, that included all appellate fees. Otherwise, a party must submit a request for a fee waiver on the Request to Waive Court Fees (form FW-001).

Applies to

Writ proceeding

A party seeking a fee waiver in a writ proceeding must submit form FW-001.

To request a fee waiver in a writ proceeding, a party must submit a Request to Waive Court Fees (form FW-001).

Electronic filing providers may charge reasonable service-provider fees, but parties covered by a court fee waiver are exempt from electronic-filing fees and costs.

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the court. A party who has received a fee waiver from the court, or who has otherwise obtained an order of the court waiving such fees, is exempt from the fees and costs associated with electronic filing.

Applies to

Writ petition

No filing fee is required for an appellate writ petition in a criminal case, despite its civil characterization for some purposes.

No fee is required in a criminal case for filing a writ petition in the appellate division, although such a proceeding is civil in nature for some purposes.

Applies to

Notice of appeal

No filing fee is required for a criminal notice of appeal.

No filing fees are required for filing a notice of appeal in a criminal case.

Applies to

Court mediation services

The Family Court Services Mediation Program has no direct cost to either party.

There is no direct cost to either party for the use of the Family Court Services’ Mediation Program.