Rule 5.46.Waiver of fees and costs—Supreme Court or Court of Appeal

Division 1. Family Rules · Chapter 3. Filing Fees and Fee Waivers · Article 2. Special Procedures · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.46 points a family law litigant seeking a fee waiver in the Supreme Court or Court of Appeal to rule 8.26 of the appellate rules.

Full Text of Rule 5.46

Text sizeJump to: (a) (b)

(a) Application

Rule 8.26 of the appellate rules specifies the procedure and forms for applying for an initial waiver of court fees and costs in the Supreme Court or Court of Appeal.

(b) Information

Parties may refer to rule 8.26 for information about:

(1) Applying for a fee waiver in appeals, writ proceedings, and petitions for review;

(2) Required forms requesting a fee waiver;

(3) The confidentiality of fee waiver applications and hearings;

(4) Time required for the court to grant a fee waiver; and

(5) Denial of a fee waiver application.

End

Plain-English Summary

Fee waivers on appeal are governed by the appellate rules, not by Division 1. This rule exists so that a family law litigant looking for the answer in Title 5 finds the signpost rather than a gap.

It lists what rule 8.26 covers: applying for a waiver in appeals, writ proceedings, and petitions for review; the required forms; the confidentiality of applications and hearings; how long the court has to grant a waiver; and what happens when an application is denied.

Frequently Asked Questions

Which rule governs a fee waiver on appeal?

Rule 8.26 of the appellate rules. Rule 5.46 directs family law litigants to it for the Supreme Court and the Court of Appeal.

Does my trial court fee waiver carry over to my appeal?

Rule 5.46 does not say so; it routes the question to rule 8.26, which specifies the procedure and forms for applying for an initial waiver in the reviewing court.

Amendment History

Rule 5.46 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: fee waiver appeal Californiarule 8.26 fee waivercourt of appeal fee waiver family law