Solano Superior Court Filing Fees and Waivers

Fee

$150

Applies to

Jury fee deposit

A $150.00 advance jury fee must be deposited with the Clerk of the Court.

Advance jury fees in the amount of one hundred and fifty dollars ($150.00) shall be deposited with the Clerk of the Court in compliance with Code of Civil Procedure section 631.

Applies to

Ex parte hearing

An ex parte hearing may proceed only after the application, supporting paperwork, any underlying motion, and applicable filing fees have been filed or paid.

An ex parte hearing shall be conducted only following the filing of the ex parte application and supporting paperwork, the filing of any underlying related motion, and payment of any applicable filing fees.

Applies to

Court investigator services

All court investigator fee assessments not waived by the court or county must be paid to the court.

Any and all assessments not waived by the court or county shall be paid to the court.

Applies to

Investigation

An investigation triggered by a petition cannot begin until the applicable investigation fee is paid, unless the court orders otherwise.

If an investigation is required because a petition has been filed, the investigation shall not be undertaken unless and until the applicable investigation fee is paid, unless otherwise ordered by the court.

Applies to

Court investigator services

For non-petition-triggered court investigator services required by law or court order, the assessed fee is due within 30 days after the court mails the Assessment and Order for Payment.

For other court investigator services not triggered by the filing of a petition but still required by law or court order, the assessed fee is payable within 30 days after the Assessment and Order for Payment is mailed by the court.

Applies to

Court investigator services

If the court learns that changed circumstances permit payment, it must order payment after notice and an opportunity to be heard.

If the court becomes aware of a change in circumstances permitting payment of the fees by the person, the court shall order the fees paid after notice to the person and an opportunity to be heard.

Applies to

Request for order

The moving party must pay all applicable legal fees when submitting a Request for Order unless a valid fee waiver order is on file or a fee waiver is submitted concurrently.

Unless the moving party has a valid fee waiver order on file or submits a fee waiver concurrently with the Request for Order, the moving party is required to pay all the applicable fees set by law at the time the Request for Order is submitted to the Family Law Division’s clerk’s office.

Applies to

Continuance order

When a trial or evidentiary hearing is continued at a party’s request or by stipulation, the current continuance fee must be paid before or concurrently with filing the continuation order.

If the evidentiary hearing or trial is continued at a party’s request or by stipulation, the current fee charged for such continuances shall be paid prior to or concurrently with the filing of the order continuing the trial or evidentiary hearing.

Fee

150

Applies to

Civil jury trial

At least one party demanding a jury on each side must pay a nonrefundable $150 fee, unless another party on that side has already paid it.

At least one party demanding a jury on each side of a civil case must pay a non-refundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. (Code Civ. Proc., § 631(b).) ).)

Applies to

Civil jury trial

When multiple plaintiffs or defendants are involved, only one jury fee is required per side to avoid a jury waiver.

If there are multiple plaintiffs and/or defendants in the same case, only one jury fee per side is required to avoid waiver of a jury under Code of Civil Procedure section 631(f).

Applies to

Civil jury trial

The nonrefundable jury fee generally must be paid by the initial case-management-conference date.

The nonrefundable jury fee must be paid on or before the date scheduled for the initial case management conference in the action, except as follows:

Applies to

Unlawful detainer jury trial

In unlawful detainer actions, the jury fee is due at least five days before trial.

1. In unlawful detainer actions the fees shall be due at least five days before the date set for trial.

Applies to

Civil jury trial

When no case-management conference is scheduled, or for the specified legacy case, the jury fee is due no later than 365 calendar days after filing the initial complaint.

2. If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012 and the initial complaint was filed after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint.

Applies to

Civil jury trial

If the initial case management conference occurred before June 28, 2012 and the initial complaint was filed before July 1, 2011, the fee is due at least 25 calendar days before the date initially set for trial.

3. If the initial case management conference was held before June 28, 2012 and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial.

Applies to

Civil jury trial

A late-appearing jury-requesting party must pay the fee at least 25 calendar days before the initially scheduled trial date.

4. If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial.

Applies to

Civil jury trial

A party waives the right to a jury trial unless another party on the same side timely paid the nonrefundable jury fee, except as provided in Code of Civil Procedure section 631(d).

Except under the circumstances provided in Code of Civil Procedure section 631(d), (discussed in FAQ 1.4), a party has waived the right to a trial by jury in that action, unless another party on the same side of the case timely paid the nonrefundable jury fee.

Applies to

Civil jury trial

For specified untimely jury fees, the waiver is relieved only if payment is made by the earlier of December 31, 2012, or 25 calendar days before trial.

If a party failed to timely pay a nonrefundable jury fee that was due between June 27, 2012, and November 30, 2012, inclusive, the party will be relieved of a jury waiver on that basis only, if the party pays the fee on or before December 31, 2012 or 25 calendar days before the date initially set for trial, whichever is earlier.

Applies to

Fee waiver request

A party seeking both Superior Court and Court of Appeal fee waivers must submit two separate FW-001 forms to the Superior Court Clerk if no fee waiver request was filed directly with the Court of Appeal.

Where a party appealing a matter seeks a waiver of court fees and costs from the Superior Court of California, County of Solano as well as from the First District Court of Appeal and a fee waiver request has not been filed directly with the First District Court of Appeal, the party shall submit two separate Request to Waive Court Fees forms (Judicial Council form FW-001) to the Clerk of the Superior Court. One form shall be directed to the superior court and the other form shall be directed to the First District Court of Appeal.

Applies to

Fee waiver request

The Superior Court must receive and transmit an FW-001 request seeking waiver of Court of Appeal fees, but acceptance of that form does not constitute a filing under Government Code section 68634.5(f).

The superior court shall receive and transmit to the First District Court of Appeal for filing, processing and determination any fee waiver which seeks to waive fees charged by the First District Court of Appeal. The superior court’s acceptance of the FW-001 form on behalf of the Court of Appeal shall not be deemed a “filing” for purposes of Government Code section 68634.5, subdivision (f).

Applies to

Petition

A defendant seeking waiver of costs associated with a Penal Code section 1203.4 or 1203.4a petition must submit a financial declaration.

Any defendant wishing to file a petition for relief per Penal Code sections 1203.4 or 1203.4a and who wishes to have their costs waived shall file a completed financial declaration on a form designated by the court.

Applies to

Amended notice of hearing

A stipulated continuance filing must be accompanied by all appropriate filing fees.

If the proposed continuance date is approved, an amended Notice of Hearing (Judicial Council form DE-120) with the new hearing date may thereafter be submitted for filing. A copy of the stipulation shall be submitted to the calendar clerk concurrently with the amended Notice of Hearing, along with all appropriate filing fees.

Applies to

Amended notice of hearing

If the proposed continuance date is approved, the filer may submit an amended DE-120 Notice of Hearing with the new date, the continuance order, and all appropriate filing fees to the calendar clerk concurrently.

If the proposed continuance date is approved, an amended Notice of Hearing (Judicial Council form DE-120) with the new hearing date may thereafter be submitted for filing. A copy of the court’s order granting the continuance shall be submitted to the calendar clerk concurrently with the amended Notice of Hearing, along with all appropriate filing fees.

Applies to

Jury fee deposit

Jury fees deposited after June 27, 2012 cannot be refunded.

Jury fees deposited after June 27, 2012, are nonrefundable.

Applies to

Jury fee deposit

The jury-fee forfeiture rule applies only when the jury fees were deposited on or before June 27, 2012.

Because jury fees deposited after June 27, 2012, are nonrefundable, this local rule shall apply only to cases where jury fees were deposited on or before June 27, 2012.

Applies to

Record copy

A party or counsel requesting court records is responsible for the copying charge.

The party or counsel shall be responsible for the cost of any copying.

Applies to

Court investigator services

A Court Investigators Office fee is imposed on the persons responsible for payment under Probate Code section 1513.1.

A fee for the services of the Court Investigators Office shall be imposed upon the person(s) so responsible for payment per Probate Code section 1513.1.

Applies to

Court investigator services

The court investigator fee rate depends on the investigation and is set annually; the applicable amount is determined by the fee schedule in effect on the stated triggering date.

The rate of this fee depends on the nature of the investigation and is determined by the court on an annual basis. All rates are subject to change. The amount of the fee payable shall be determined by the fee schedule in effect on the date the petition triggering the investigation is filed, the date the accounting being reviewed is filed, or the due date of any reviews mandated by law.

Applies to

Court investigator services

On application by a guardian, parent, or ward, the court may defer or waive some or all court investigator fees if payment would hardship the ward or the ward's estate.

Upon application by a guardian, a parent, or a ward, the court may defer or waive a portion or all of the assessed court investigator fees if the court finds that ordering payment of the assessed fees would constitute a hardship for the ward or the ward’s estate pursuant to Probate Code section 1513.1.

Applies to

Jury fees and other listed fees or expenses

The court may waive jury fees and expenses and other listed fees or expenses upon a fee-waiver application, but it is not required to do so.

Yes. A court may (but is not required to) waive jury fees and expenses, and other fees or expenses itemized in an application for a fee waiver under rule 3.56(1) and (6) of the California Rules of Court.

Applies to

Civil jury fee

The government-entity fee-waiver exception does not apply to civil jury fees or civil jury deposits, including the nonrefundable jury fee.

No. Government Code section 6103 explicitly states: “This section does not apply to civil jury fees or civil jury deposits.” Although this exception to the fee waiver for government entities predates the creation of the nonrefundable jury fee, the plain language of the exception applies to the nonrefundable jury fee.

Applies to

Civil jury fee

Additional parties need not pay the jury fee, but any additional nonrefundable fee they pay cannot be refunded or offset against juror fees or mileage.

No. Code of Civil Procedure 631(b) requires “at least one party demanding a jury on each side” to pay the nonrefundable jury fee, “unless the fee has been paid by another party on the same side of the case.” (Emphasis added.) In addition, Code of Civil Procedure section 631.3, which governs refunds of jury fees states in subdivision (c) that the “fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. Therefore, although they are not required to pay the jury fee, if additional parties on a side pay the nonrefundable jury fee, that fee is still nonrefundable. The additional fee may not be used to offset actual juror fees or mileage, either

Applies to

Jury fees

Qualifying unused $150 advance jury fees and other deposited but unused jury fees may be refunded upon request under Code of Civil Procedure section 631.3.

Yes. Any $150 advance jury fee deposited before June 28, 2012 may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3. Similarly, any jury fees other than the $150 advance jury fees that are deposited, but not used, may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3.

Applies to

Electronic recording

A fee is charged for each requested electronic-recording shared link or CD, but it is waived for a party with an approved fee waiver on file.

Pursuant to Government Code section 70631, a fee will be charged for each shared link or CD requested. The fee for the electronic recording shall be waived for a party with an approved fee waiver on file.

Applies to

Electronic recording transcript

Unless the court orders otherwise, the party requesting preparation of an electronic-recording transcript must bear the transcript-preparation cost.

Pursuant to California Rule of Court 2.952 and 8.835, unless otherwise ordered by the court, the cost for preparing a transcript of an electronic recording shall be borne by the requesting party.

Applies to

Appeal transcript of electronic recording

Unless the court orders otherwise, the requesting party bears the cost of preparing an electronic-recording transcript for an appeal.

Unless otherwise ordered by the court, the cost of preparing a transcript of an electronic recording for purposes of appeal shall be borne by the requesting party.

Applies to

Fee waiver request

A request to waive appellate fees at the Superior Court level must be processed and determined under Government Code section 68630 et seq.

The request to waive fees on appeal at the superior court level shall be processed and determined per Government Code section 68630 et seq.

Applies to

Electronic filing exemption

Inability to pay electronic-filing fees does not qualify as undue hardship or significant prejudice for an exemption.

Undue hardship or significant prejudice does not include the inability to pay fees for electronic filing.

Applies to

Electronic filing and service

EFSPs may charge reasonable processing fees in addition to court filing fees, but a party with a fee waiver need not pay court filing fees and may still owe EFSP processing fees.

Electronic filing service providers (EFSP) may charge reasonable fees in addition to any filing fees required by the court. A party who has received a fee waiver is not required to pay filing fees, but may be subject to EFSP processing fees for electronic filing and service.

Pennies totaling at least $0.50 must be wrapped in a standard coin wrapper.

Coin equal to or in excess of the following amounts shall be wrapped in standard coin wrappers: (1) Fifty cents ($0.50) in pennies.

Nickels totaling at least $2.00 must be wrapped in a standard coin wrapper.

(2) Two dollars ($2.00) in nickels.

Dimes totaling at least $5.00 must be wrapped in a standard coin wrapper.

(3) Five dollars ($5.00) in dimes.

Quarters totaling at least $10.00 must be wrapped in a standard coin wrapper.

(4) Ten dollars ($10.00) in quarters.

A person tendering wrapped coins must write the person’s name and case number on the wrapper.

The person presenting wrapped coins for payment shall have their name and case number written on the wrapped coins.

A person tendering coins is liable to the court for any difference between the wrapper's stated amount and the actual coin amount.

In the event the actual wrapped amount of coin is less than the amount stated on the wrapper, the person who tendered the coins for payment shall be liable to the court for the difference.

Applies to

Court investigator services

The court may periodically review whether the person can pay the assessed court investigator fee.

The court may periodically review the person’s ability to pay the assessed fee.

Applies to

Request for order

No filing fee is charged for a Request for Order filed in a guardianship of the person only.

No filing fee shall be charged for the Request for Order if it is filed in a guardianship of the person only.

The filing fee for a document depends on its content and the relief requested, rather than its caption.

The applicable filing fee for a particular document is governed by the document’s content and the relief requested (if any), not its caption.

The court is not required to accept coins for payment of fees or costs.

The court is not required to accept coins as payment for fees or costs. (Gov. Code, § 68083.)

Fee

$10

The court may, at its discretion, accept coin payments up to $10.00.

However, the court may in its discretion elect to accept payment in coin in an amount up to $10.00 (ten dollars).