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.
Rule 3.53.Application granted unless acted on by the court
Division 2. Waiver of Fees and Costs · Last amended 2015 · Last verified July 29, 2026
In one sentenceRule 3.53 deems a fee-waiver application automatically granted if the court takes no action within five court days of filing, which triggers the clerk to prepare and serve a notice confirming the waiver.
Full Text of Rule 3.53
Plain-English Summary
Rule 3.53 puts a clock on the court’s response to a fee-waiver application. If five court days pass after filing without the court giving notice of any action, the application is treated as granted by default, so the applicant does not have to wait indefinitely for a ruling.
When that default applies, the clerk handles the paperwork automatically, preparing and serving a notice confirming the waiver on the standard form, or the ward/conservatee version where applicable, timed to go out five court days after the filing.
Frequently Asked Questions
What happens if a California court does not act on a fee-waiver application?
Rule 3.53 deems the application granted if the court gives no notice of action within five court days after it is filed.
Does the applicant have to do anything to get the deemed-granted waiver confirmed?
No. The clerk automatically prepares and serves a notice confirming the waiver five court days after filing, under Rule 3.53.
Amendment 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.
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
Also known as: fee waiver deemed granted Californiafive day rule court fee waiverCRC rule 3.53