(a) Prior to the commencement of an action, or at any time during its pendency, a party may file with the clerk of the court in which the action is pending, or in which the party intends to return a writ, summons and complaint, an application for waiver of fees payable to the court and for payment by the state of the costs of service of process. The application shall set forth the facts which are the basis of the claim for waiver and for payment by the state of any costs of service of process; a statement of the applicant’s current income, expenses, assets and liabilities; pertinent records of employment, gross earnings, gross wages and all other income; and the specific fees and costs of service of process sought to be waived or paid by the state and the amount of each. The application and any representations shall be supported by an affidavit of the applicant to the truth of the facts recited.
Section 8-2.Waiver of Court Fees and Costs
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceLets a Connecticut litigant who can't afford court fees or service costs ask the court to waive them, with a presumption of indigency for people on public assistance or with low income.
Full Text of Section 8-2
(b) The clerk with whom such an application is filed shall refer it to the court of which he or she is clerk. If the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.
(c) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance or (2) such person’s income after taxes, mandatory wage deductions and child care expenses is 125 percent or less of the federal poverty level. For purposes of this subsection, ‘‘public assistance’’ includes, but is not limited to, state administered general assistance, temporary family assistance, aid to persons who are elderly, persons who are blind or visually impaired or persons with disabilities, food stamps and supplemental security income.
(d) Nothing in this section shall preclude the court from (1) finding that a person whose income does not meet the criteria of subsection (c) of this section is indigent and unable to pay a fee or fees or the cost of service of process, or (2) denying an application for the waiver of the payment of a fee or fees or the cost of service of process when the court finds that (A) the applicant has repeatedly filed actions with respect to the same or similar matters, (B) such filings establish an extended pattern of frivolous filings that have been without merit, (C) the application sought is in connection with an action before the court that is consistent with the applicant’s previous pattern of frivolous filings, and (D) the granting of such application would constitute a flagrant misuse of Judicial Branch resources. If an application for the waiver of the payment of a fee or fees or the cost of service of process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application. Nothing in this section shall affect the inherent authority of the court to manage its docket.
Amendment History
(P.B. 1978-1997, Sec. 50.) (Amended June 21, 2010, to take effect Jan. 1, 2011; amended June 13, 2014, to take effect Jan. 1, 2015; amended June 13, 2019, to take effect Jan. 1, 2020.)
Plain-English Summary
Section 8-2 lets a party file an application, before or during a case, asking the clerk's court to waive fees owed to the court and to have the state pay the cost of serving process. The application must lay out the facts supporting the claim, describe the applicant's current income, expenses, assets, and liabilities, provide records of employment and earnings, and list the specific fees and costs sought to be waived along with their amounts. An affidavit must support the application.
The clerk refers the application to the court, which waives the fees and shifts service costs to the state if it finds the applicant indigent and unable to pay. A rebuttable presumption of indigency applies to anyone receiving public assistance — including general assistance, temporary family assistance, aid for elderly, blind, or disabled persons, food stamps, or supplemental security income — or whose after-tax income, minus mandatory wage deductions and child care costs, is at or below 125 percent of the federal poverty level. The court can also find someone indigent even if they don't meet that income threshold. It may deny an application if the applicant has a documented pattern of frivolous filings and granting the waiver would flagrantly misuse Judicial Branch resources. A denied applicant can ask for a hearing on the application.
Frequently Asked Questions
Who qualifies for a fee waiver in Connecticut civil court?
Someone the court finds indigent and unable to pay court fees or service costs qualifies, with a rebuttable presumption of indigency for people receiving public assistance or whose after-tax income is at or below 125 percent of the federal poverty level.
What do I need to submit with a fee waiver application?
You need an application stating the facts supporting your claim, a description of your income, expenses, assets, and liabilities, employment and earnings records, the specific fees you want waived, and a supporting affidavit.
Can the court deny a fee waiver even if I'm low-income?
Yes. The court can deny a waiver if it finds you've repeatedly filed frivolous actions on similar matters and granting the waiver would be a flagrant misuse of Judicial Branch resources.
What happens if my fee waiver is denied?
You can request a hearing on the application, which the clerk must schedule.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 8-2). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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