Santa Cruz Superior Court Filing Fees and Waivers

Fee

750

Applies to

Guardianship or conservatorship petition

A $750 Court Investigator fee applies to the initial guardianship or conservatorship petition filing, and a $250 fee applies to each later investigation or review, subject to the specified statutory waivers.

A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b).

Applies to

Final account settlement order

All Court Investigator assessments must be paid before the court will sign an order settling the final account.

All assessments must be paid before the Court will sign an order settling the final account.

Fee

200

Applies to

Diversion restitution

The standard diversion restitution fee is $200 for a misdemeanor, subject to consideration of different amounts or waiver for compelling or extraordinary reasons under Penal Code § 1001.90.

The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90.

Fee

$750

Applies to

Guardianship or conservatorship petition

A $750.00 Court Investigator fee is imposed on the initial guardianship or conservatorship petition, with a $250 fee for each later investigation or review unless waived under the specified Probate Code provisions.

A $750.00 fee for the services of the Court Investigator shall be imposed upon the initial filing of a guardianship or conservatorship petition and a $250.00 fee for each investigation or review thereafter, unless waived pursuant to Probate Code §§ 1513.1(a) and 1851.5(b).

Applies to

Order settling final account

All assessments must be paid before the court signs an order settling the final account, and prior assessment waivers are reviewed to determine ability to pay.

All assessments must be paid before the Court will sign an order settling the final account. All previous waivers of assessments will be reviewed at that time to determine the ability to pay.

Fee

$50

A $50 fee is imposed as a condition of setting aside a forfeited bail bond.

Once forfeited, a $50 fee will be imposed as a condition of setting aside the forfeiture.

Applies to

Property bond

The applicant must bear all costs associated with processing the property bond.

All costs incurred to process the property bond must be borne by the applicant.

Applies to

Diversion restitution

The standard diversion restitution fee is $200 for a misdemeanor and $350 for a felony, subject to judicial adjustment or waiver for compelling or extraordinary reasons.

The standard fee for diversion restitution is $200 for misdemeanor offenses and $350 for felony offenses; however, the Court in setting a different amount shall consider certain circumstances or may waive the fee where there are compelling or extraordinary reasons under Penal Code § 1001.90.

Applies to

Expert witness fee application

An application for expert-witness fees must include the specifically listed supporting materials.

An application for fees to engage an expert witness must include:

Applies to

Expert witness fee application

The application must include a counsel declaration explaining why an expert is reasonably necessary, with supporting facts rather than conclusory statements.

A declaration from counsel showing that an expert is reasonably necessary (conclusory statements without supporting facts are insufficient);

Applies to

Expert witness fee application

The application must break down the proposed expert costs, including the hourly fee and number of hours necessary.

A breakdown of the proposed costs, including fee per hour, number of hours necessary, etc.

Applies to

Expert witness fee application

The application must include the defendant's completed SUPCR 1127 financial declaration showing inability to pay for the expert.

A financial declaration, using local form SUPCR 1127 Defendant Financial Eligibility Statement for Appointment of Counsel and Reimbursement, of the defendant showing the defendant’s inability to pay for the expert must be completed.

Applies to

Expert witness fee application

The fee declaration must provide sufficient information to evaluate reasonableness and may not merely state that the proposed hourly rate is reasonable and average.

The declaration must contain information from which the County Criminal Defense Conflict Administrator may conclude that the proposed fees are reasonable. A conclusory statement such as “the proposed fee per hour is reasonable and the average” is not sufficient.

Applies to

Expert witness fee application

An application for an expert located more than 200 miles from the county must explain the efforts to retain a local expert and the necessity of using an out-of-area expert.

If an application is for an expert not located within a 200 mile radius of the county, the application must state the efforts made to retain a local expert and why an out-of-area expert is necessary.

Applies to

Expert or additional defense fee application

Expert and additional-defense-fee applications must be numbered, include copies of all prior applications or the equivalent information in the declaration, and identify themselves as the first fee application when applicable.

Each application for an expert or additional defense fees must be numbered. Each application must attach copies of all prior applications in that case, whether granted or denied, or include in the declaration a statement containing this information. If it is the first application for fees, the application must so state.

Applies to

Expert or additional defense fee application

An expert or additional-defense-fee application lacking the required items may be summarily denied.

An application submitted without these required items may be summarily denied.

Applies to

Electronic filing

Electronic filing providers may impose reasonable service-provider fees in addition to court filing fees.

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the Court.

Applies to

Special needs trust instrument

No filing fee is charged when the special needs trust instrument results from a petition to approve a minor's compromise claim under Probate Code section 3600 et seq.

No filing fee shall be charged for said filing if the trust instrument is the result of a petition filed to approve a minor’s compromise claim per Probate Code section 3600 et seq. (Gov. Code, § 70655.)

Applies to

Expert witness fee

For an expert on the court appointment list, the declaration requirement does not apply, and the court will use hourly rates consistent with its preapproved rates.

If the proposed expert is on the court appointment list, this section will not apply and hourly rates consistent with any preapproved rates established by the Court will be utilized;

Applies to

Ability to pay request

The clerk may determine ability to pay and apply the court-established reduction rate in MyCitations for litigants who attest to receiving public benefits; a denied reduction may be challenged at a court hearing before a judicial officer.

A clerk of the court may make ability-to-pay determinations as authorized in government Code 68645.3(e) when a litigant attests that they receive public benefits, including those listed in subdivision (a) of section 68632. The clerk shall adhere to the court-established rate when making reductions in the MyCitations online tool for individuals who receive public benefits. The litigant may request a court hearing in front of a judicial officer if the clerk of the court denies the reduction portion of the request.

Applies to

Electronic filing

Electronic filing service providers may charge reasonable fees in addition to court filing fees.

Electronic filing service providers may charge reasonable fees in addition to any filing fees required by the Court.

Applies to

Electronic filing

A party covered by a court fee waiver or a court order waiving fees is exempt from electronic-filing fees and costs.

Any 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

Jury fees

Jury fees must be paid as provided by Code of Civil Procedure sections 631 et seq.

Jury fees are to be paid as provided in Code of Civil Procedure §§ 631 et seq.

Applies to

Court investigator assessment

Court Investigator assessments are charged to the conservatee's or ward's assets and must be paid to the specified Superior Court address.

Assessments are charged to the conservatee’s or ward’s assets and shall be paid to Superior Court, 701 Ocean Street, Room 110, Santa Cruz, CA 95060.

Applies to

Expert witness fee application

The application generally must include the proposed expert's resume, except when the expert is on the appointment list or is otherwise already known to the court.

A resume of the expert whose services are being sought, unless the expert is on the appointment list or otherwise previously known to the court;

Applies to

Expert witness fee application

For an expert on the court appointment list, the reasonableness-information requirement does not apply, and the Court will use hourly rates consistent with its preapproved rates.

If the proposed expert is on the court appointment list, this section will not apply and hourly rates consistent with any preapproved rates established by the Court will be utilized;

Applies to

Electronic filing

Parties with a court fee waiver or a court order waiving electronic-filing charges are exempt from associated fees and costs.

Any 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

Ex parte filing fee

A refund of the ex parte filing fee takes approximately four to six weeks.

The refund of your filing fee will take approximately 4 to 6 weeks.

Applies to

Special needs trust filing

No filing fee is charged when the trust instrument results from a petition to approve a minor’s compromise claim under Probate Code section 3600 et seq.

No filing fee shall be charged for said filing if the trust instrument is the result of a petition filed to approve a minor’s compromise claim per Probate Code section 3600 et seq.