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Court Rules

California Rules of Court

Rule 3.53. Application granted unless acted on by the court

Cal. Rules of Court, rule 3.53

Current text effective September 1, 2015.

The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after it is filed. If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.

#History

Rule 3.53 amended effective September 1, 2015; adopted as rule 3.57 effective January 1, 2007; previously amended effective January 1, 2007; previously amended and renumbered as rule 3.53 effective July 1, 2009.

What this rule requires

Filing Timing and Cure Windows

  • The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after it is filed.

  • If an initial fee-waiver application is deemed granted, the clerk must prepare and serve the applicable waiver notice five court days after filing.

    The rule's wording

    If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.

Service and Proof of Service Rules

  • If an initial fee-waiver application is deemed granted, the clerk must serve the applicable waiver notice five court days after the application is filed.

    The rule's wording

    If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.

Filing Fees and Waivers

  • The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after it is filed.

Document Filing Requirements

  • If an initial fee-waiver application is deemed granted, the clerk must prepare the FW-005 notice, or the FW-005-GC notice if the application benefits a (proposed) ward or conservatee.

    The rule's wording

    If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.

Official text: courts.ca.gov , checked October 19, 2026.