(a) Application The rules in this division govern applications in the trial court for an initial waiver of court fees and costs because of the applicant’s financial condition. As provided in Government Code sections 68631 and following, any waiver may later be ended, modified, or retroactively withdrawn if the court determines that the applicant is not eligible for the waiver. As provided in Government Code sections 68636 and 68637, the court may, at a later time, determine that the previously waived fees and costs be paid. (Subd (a) amended and lettered effective July 1, 2009; adopted as unlettered subd effective January 1, 2007.)
Rule 3.50.Application of rules
Division 2. Waiver of Fees and Costs · Last amended 2015 · Last verified July 29, 2026
In one sentenceRule 3.50 opens the fee-waiver rules by describing what an initial fee waiver is, explaining that a granted waiver can later be modified or revoked if the applicant turns out not to qualify, and routing probate-related waivers to a separate rule.
Full Text of Rule 3.50
(b) Definitions For purpose of the rules in this division, “initial fee waiver” means the initial waiver of court fees and costs that may be granted at any stage of the proceedings and includes both the fees and costs specified in rule 3.55 and any additional fees and costs specified in rule 3.56. (Subd (b) adopted effective July 1, 2009.)
(c) Probate fee waivers Initial fee waivers in decedents’ estate, probate conservatorship, and probate guardianship proceedings or involving guardians or conservators as parties on behalf of their wards or conservatees are governed by rule 7.5. (Subd (c) adopted effective September 1, 2015.)
Plain-English Summary
Rule 3.50 introduces the set of rules governing court fee waivers — the process that lets a litigant who cannot afford court costs ask the court to cover them instead. It frames the waiver as provisional rather than permanent: a court can end, modify, or retroactively withdraw a waiver if it later determines the applicant was not eligible, and it can order previously waived fees repaid down the line.
The rule also defines a term used throughout the rules that follow. An "initial fee waiver" is the waiver a court can grant at any point in a case, and it covers two layers of fees — the fees listed in Rule 3.55, which every granted waiver must include, and the additional fees in Rule 3.56, which a court may include depending on the circumstances.
One category is carved out here: fee waivers tied to decedents’ estates, guardianships, and conservatorships follow their own rule rather than the general procedure in this division.
Frequently Asked Questions
What is an "initial fee waiver" under the California fee-waiver rules?
Can a California court take back a fee waiver after granting it?
Yes. Rule 3.50(a) allows a waiver to be ended, modified, or retroactively withdrawn if the court later finds the applicant was not eligible, and the court may later order the waived fees paid.
Do probate cases use the same fee-waiver rule as other civil cases?
No. Rule 3.50(c) sends fee waivers in decedents’ estate, guardianship, and conservatorship proceedings to a separate probate-specific rule.
Amendment History
Rule 3.50 amended effective September 1, 2015; adopted effective January 1, 2007; previously amended effective July 1, 2009.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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