Guardianship

There are several reasons why people represent themselves without a lawyer:

• In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford your own lawyer, you have to represent yourself.
• Some people choose to represent themselves even if they could pay a lawyer because they feel they can handle the case on their own.
• In small claims cases, you are not allowed to have a lawyer, so everyone in small claims court is representing himself or herself.

Whatever the reason, you have the right to represent yourself, to be your own lawyer in all cases in California. But just because you can represent yourself does not mean you should. It is very important that you learn about what is at stake in your case, and what you will be expected to do and know in order to handle it on your own.

What to consider when deciding if you need a lawyer

It is a good idea to have a lawyer to represent you. But, as we just explained, it is not always necessary or possible.

You may need a lawyer if…

• You have a complicated case or a case that may become complicated (but keep in mind you may not always realize a case is or could be complicated without talking to a lawyer).
• You want legal advice.
• You want to discuss strategies for your case, like where to file your lawsuit, whether to file a response, whether to ask for a jury, and many other decisions that will come up during the case.
• You want a confidential attorney-client relationship.
• You are worried that the other side will not “play fair” (a lawyer is more likely to notice this and know what to do).
• You are going to have a jury trial, and there are complicated decisions to make, from choosing a jury to knowing how to present a case to a jury most effectively.
• You are too close emotionally to the case and have a hard time seeing things objectively.

You may not need a lawyer if…

• Your case is straightforward and there is no opposing side (like in a petition to change your name) or the other side and you are in agreement about everything (like an uncontested stepparent adoption or a guardianship of a child where everyone agrees).
• You understand all your options and can make informed choices about your case.
• You are willing to learn and understand the law and the rules and procedures that apply to our case.
• You can spend time to prepare your case.
• You can follow written instructions and work on your own.

Tips for representing yourself

Here are some basic steps you can take to make sure you are prepared to represent yourself in court:

• Read about the law that applies to your case. Do research at the local public law library and ask for help at your court’s self-help center, family law facilitator, or small claims legal advisor. If you can, have a consultation with a lawyer to make sure you are on the right track.
• Look at the options that would solve your problem without having to go to court. For example, you can try alternative dispute resolution (ADR) like mediation or arbitration. For more information on how to solve cases out of court, read our section on Resolving Your Dispute Out of Court.
• Make sure you follow the court procedures. To do this, you must read the laws that affect your case in:
  • California Code of Civil Procedure
  • California Rules of Court
  • Your superior court local rules (you can also find these rules at your law library or your court’s website

Not being a lawyer and not knowing the law is not an excuse for not following court procedures.

• Keep track of all deadlines — especially deadlines for filing papers and serving the other side. If you miss these deadlines, you may lose your case.

• Go to the courtroom where your hearing will be and watch some cases. You can learn:
  • Where the parties sit;
  • How to explain your case to the judge; and 
  • How much time each side has to talk.

• Be prepared for your court hearing. Have copies of:
  • All the papers you filed;
  • All the papers the other side served you with; and 
  • Anything you have not served on the other side but want to use in court. If you have exhibits (like photos or letters you want to show the court), you must mark each one with a label (Exhibit 1, etc.) and make sure they are organized.

• Act professionally in court. Explain your side briefly and clearly. Do not talk about issues that do not support your case.

• Be realistic about what the judge can and cannot do. Make sure you understand what legal relief you can get in your case and focus on that.

• Show respect for the judge, the court clerks, and other people in the courtroom. Do not interrupt the judge or the other side. Do not make personal attacks against the other side.

Click for more information about preparing for court.

Risks of representing yourself

• The biggest risk is that you lose your case because (1) you are unable to follow all the required procedures to bring your case to trial so your case is dismissed, or (2) once you get to trial, you cannot meet all the technical requirements to prove your case.

• If you lose your case, the judge will likely order you to pay for the other side’s court costs and attorney’s fees, which can be a lot of money. Sometimes the costs of suing are more than the amount sued for.

• If you lose and you are ordered to pay the other side’s costs, you will get a judgment entered against you. This means that instead of winning money or some form of relief, you now owe the other side money.

• A judgment is valid for 10 years and can be renewed for another 10 years as many times as is necessary until the judgment is paid. It can result in a garnishment of your wages, a levy of your bank accounts, property liens, and other collection methods.

In order to assess whether or not to sue, you should consult with a lawyer.

Types of cases where lawyers are necessary 

• Malpractice cases: If you are suing for medical malpractice, or some other type of professional negligence, the law says you need to prove that (1) the doctor or other professional breached (broke) the duty of care owed to you and (2) you suffered damages as a direct and proximate cause of the breach. These legal requirements are very hard to prove, and you will need expert witnesses to do it.  First, expert witness fees are very expensive. If you have a lawyer representing you on a “contingency” basis (meaning the lawyer only gets paid if you win), the lawyer will usually hire and pay for the expert witness upfront, so you will not have to reimburse the lawyer until the case is over. If you are representing yourself and do not have a lawyer to advance these costs, you may not be able to afford the experts you need to prove your case.  Also, getting an expert witness and establishing to the court that he or she is an expert can also be very complicated and should be handled by a trained and experienced lawyer.

• Construction defect cases: Construction defect cases often depend on expert witnesses to prove or disprove the allegations of the complaint. This may not be true of a small case in which the property owner hired a handyman or contractor to perform a single job on the property and 1 person performed all the work.  For example, if you hired a roofing contractor to install a new roof, and the new roof leaked, you may be able to sue the roofing contractor without a lawyer or expert witnesses because you may be able to prove on your own that (1) you hired the contractor to install a new roof, (2) you paid the contractor, (3) the roof leaked, and (4) the leaks caused damage.

  But if you had several people working on your house (like an architect, a structural engineer, and a general contractor who, in turn, hired subcontractors and purchased supplies from different suppliers), proving who is at fault when something goes wrong becomes very difficult, and you would probably need an expert witnesses to determine fault and explain it to the court.

  Also, while construction experts are usually not as expensive as medical experts, they can still cost a lot, especially if you need many experts in different specialties. Expert costs for these types of cases can run in the tens of thousands of dollars.

  Some lawyers will take construction defect cases on a contingency basis, but most charge by the hour. You may be able to hire a lawyer on a limited-scope basis to help you with certain parts of the case, while you handle other parts on your own. Get more information on limited-scope representation.

• Cases involving competing title to real estate:  Real estate cases that allege someone committed fraud, like cases in which there is competing title to real property, are usually too complicated for a person without a lot of legal training and experience. Also, even if you win, if you make a mistake in writing up the final order (in civil cases, the court generally does not prepare orders, it is up to the parties to do it), the title insurance company may not insure title, in effect preventing you, as the property owner, from selling or refinancing.

• Cases involving wrongful termination or employment discrimination claims:  If you are suing your employer for employment discrimination or wrongful termination, you most likely will need a lawyer. Proving these cases is complicated and the employer’s lawyers usually fight these cases vigorously. To win this type of case, you must have a lawyer skilled in direct and cross-examination of witnesses and the rules of evidence.

• Administrative writs and appeals:  Cases appealing a final decision by an administrative agency or hearing officer are extremely complicated and limited in the type of review the court can make. A lawyer can tell you if you have a sufficient basis in the record for an appeal and discuss other options with you.

• Other types of cases:  There are other types of cases that are difficult or impossible for non-lawyers to win because the law or procedure is extremely complex or because the cost of bringing the case to trial is high.

Fee Waiver Options

In most cases, you have to pay a fee to file papers with the court. The fees are uniform in all 58 California counties (except for Riverside, San Bernardino and San Francisco counties, where fees may include a small surcharge related to local court construction needs).  Click for the Statewide Civil Court Fee Schedule.  Also, courts have their fee schedules posted on their website. If you cannot afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the court. This section gives you more information about asking the superior court for a fee waiver.

Click if you need a fee waiver for a guardianship or conservatorship case.

Click if you need a fee waiver for an appeal or a writ.

Asking for a fee waiver

If you are low-income and cannot afford to pay the fee to file your court papers, you can ask for a “fee waiver.”

There are 3 ways to qualify for a fee waiver:

• If you are receiving public benefits, like Medi-Cal, Food Stamps (CalFresh), Cal-Works, General Assistance, SSI, SSP, Tribal TANF, IHHS or CAPI;
• If your household income, before taxes, is less than the amounts listed on Form FW-001 in item 5b; OR
• If the court finds that you do not have enough income to pay for your household’s basic needs AND the court fees.

To ask for a fee waiver:

1. Read the Information Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO). (Available in Spanish)
2. Fill out the Request to Waive Court Fees (Form FW-001) (Spanish), reading the form very carefully. Use the Instructions for FW-001 or Video Instructions for FW-001  as a guide.
3. Sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.
4. Make 2 copies of your completed Form FW-001.
5. Turn in your fee waiver forms to the clerk. The clerk will tell you how long it will take to process your request for fee waiver.

If you already have an Order on Court Fee Waiver (Form FW-003 or Form FW-008), but now have additional fees that are not included in the order:

1. Read the Information Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO).
2. Fill out a Request to Waive Additional Court Fees (Form FW-002), and the top of a blank Order on Court Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 as a guide.
3. Make 1 copy of your forms.
4. Turn in your forms to the clerk. The clerk will tell you how long it will take to process your application for fee waiver.
5. The rest of the process is the same as with your original fee waiver.

Remember: You must sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.

Fee waivers expire 60 days after your case is finished, either by a judgment, a dismissal, or in some other way. They can also end if the court finds that you are no longer eligible for the fee waiver.

If your fee waiver request is granted:

If you file a Request to Waive Court Fees (Form FW-001) and your request is granted, you will not have to pay fees for:

• Filing papers in superior court (except for appeals in cases worth over $25,000);
• Making and certifying copies;
• Having the sheriff give notice;
• Getting a court-appointed interpreter in small claims court;
• Having a court hearing by telephone;
• Giving notice and certificates;
• Sending papers to another court department;
• Having a court reporter; or
• Preparing, copying, and certifying a clerk’s transcript on appeal and transmitting it to the appellate court and the party.

If you file a Request to Waive Additional Court Fees (Form FW-002) and the court grants your request, you will not have to pay fees for services the court determines to be necessary for your case. The fees that are waived will be checked off on Form FW-003 or Form FW-008. These may include 1 or more of the following:

• Jury fees and expenses;
• Fees for court-appointed experts;
• Fees for a police officer to testify in court;
• Court-appointed interpreter fees for a witness; or
• Other fees (read Form FW-001-INFO to see examples of the fees you can ask the court to waive). (Form FW-001-INFO is also available in Spanish.)

Important: Even if your fees are waived at first, there are some cases in which you may have to pay them back later. Click to find out when you may have to pay your fees back.

If your fee waiver request is denied

If your request is denied without a hearing

Your fee waiver application may be denied without a hearing for 1 of 2 reasons:

• It is incomplete; or
• From your application, the court decided you are not eligible for the fee waiver.

The judge will check the reason for denying your request on page 2 of Form FW-003.

If your fee waiver is denied without a hearing, you have 10 days from the date in the Clerk’s Certificate of Service (at the bottom of page 2 of Form FW-003 or attached to that form) to:

1. Pay your fees;
2. File a new request if the court found that your request was incomplete; OR
3. Ask for a hearing to show the court more information.

Read item 4b on Form FW-003 carefully to find out what you need to do.

If you do not do 1 of these 3 things, the court will cancel the papers you filed with your fee waiver request and you can miss important deadlines or have to start your case all over.

To ask for a court hearing to bring more information after your fee waiver request is denied:

1. Fill out a Request for Hearing About Court Fee Waiver Order (Form FW-006) and the top of Notice on Hearing about Court Fees (Form FW-007). Use the instructions for FW-006 and instructions for FW-007 as a guide.
2. Make 1 copy of each form and turn them in to the clerk with the originals.
3. The court will send you a completed Form FW-007, telling you when the court date is for your fee waiver hearing.

If you missed the deadline and filed your request for a hearing more than 10 days after your fee waiver application was denied, the court will deny your hearing request and say so on Form FW-007. If there is another reason why the court denies your hearing request, the court will write it in item 5c.

If the court asks for more information

If the court wants more information to make a decision on your fee waiver, the court will set up a hearing date for you. The information on the hearing will be on page 2 of Form FW-003, under item 4c.

Make sure you go to that hearing. Bring with you any documents that the court tells you to bring. The court will tell you what documents it wants you to bring right above the hearing date information.

If you do not go to this court hearing, your fee waiver application will be denied and you will have to pay your fees in 10 days.

If your request is denied after a hearing

If the court denies your fee waiver request after a hearing, your options depend on what the court orders. First, look at page 2 of the Order on Court Fee Waiver After Hearing (Form FW-008) to see what the court ordered.

• If the court grants you a partial waiver of your fees and costs, you will still have to pay some of the fees, but not all. The court will tell what part of the fees are waived on page 2 of Form FW-008, item c. You must pay any other fees you owe within 10 days after the date in the Clerk’s Certificate of Service (at the bottom of the form or attached to it). If you do not, the court will cancel the papers you filed.
• If the court denies your request for a waiver, but allows you to pay some court fees and costs over time, the court will check items 5b(1) and 5b(2) at the top of page 2 of Form FW-008. On the form in these items, the court will tell you when you must start making the partial payments and how much you must pay each month. If you do not make those payments, or pay for any other fees and costs as they come due, the court may cancel the papers you filed.
• If the court denies your request for a waiver and orders you to pay in full immediately, the court will check item 5b(1) at the top of page 2 of Form FW-008. You must pay your court fees within 10 days after the date in the Clerk’s Certificate of Service (at the bottom of the form or attached to it). If you do not pay, the court will cancel the papers you filed.

Remember: You must act quickly after you get that order if you want your case to move forward.

After Getting the Fee Waiver

Once you get a fee waiver, and as long as your financial situation remains the same, you do not have to do anything related to the fees. BUT if your finances improve or if you can now afford to pay the court fees and costs, you have to tell the court within 5 days. Fill out a Notice to Court of Improved Financial Situation or Settlement (Form FW-010) and file it with the clerk.  Use the instructions for FW-010 as a guide.

Also, you may get a Notice to Appear for Reconsideration of Fee Waiver (Form FW-011). This is a notice from the court to go to a hearing to reconsider your fee waiver. The court sends this form if it thinks your financial situation may have changed. Make sure you go to this court date, or your fee waiver may be canceled.

It is possible that you may have to pay the fees that were waived in some cases. Find out more about paying waived fees back.

Fee waivers expire 60 days after the court issues a judgment or dismissal or finishes the case in some other way.

Waiving additional fees

If you are facing additional court fees that were not waived in your original order, you can request a waiver for these additional fees:

1. Read the Information Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO).
2. Fill out a Request to Waive Additional Court Fees (Form FW-002) and the top of the Order on Court Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 as a guide.
3. Make 1 copy of your forms.
4. Turn in your forms to the clerk. The clerk will tell you how long it will take to process your application for fee waiver.
5. The rest of the process is the same as with your original fee waiver.

Remember: You must sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.

Paying Waived Fees Back

In some cases, even if your fees are waived, you may have to pay them back later.  You may even have to pay the other side’s waived fees.

• If your financial circumstances improve during your case, the court may order you to pay back any fees that were waived after your eligibility ended.
• If the court asks you to provide proof for the information you wrote on your fee waiver request and you do not provide that proof, the court will cancel your fee waiver and you will have to pay back any fees and costs that were waived.
• If you win your civil or small claims case, usually the court orders the other side to pay the fees. The court will not enter a satisfaction of judgment until those fees and costs are paid.
• If you lose your civil or small claims case and the court orders you to pay the other side’s fees, you will have to pay those fees even if the other side had a fee waiver and did not actually pay the court fees.  The judgment against you in the case will not be satisfied (considered paid in full) until you pay back the waived fees of the other side.
• If you have a civil case and you settle with the other side for $10,000 or more, you will have to pay any waived fees. The court will put a lien on your settlement to pay these fees. And the court will not dismiss the case until the fees have been paid.
• If you get a judgment or child/spousal/partner/family support order in a family law case, the court may order you to pay all or part of your waived fees or the other person’s waived fees. If this happens, you have the right to ask for a court hearing to request that the court set aside (cancel) the order to pay the waived court fees and costs.

To ask for a court hearing in a family law case when you have been ordered to pay waived fees and costs:

1. Request a hearing within 30 days from the date of service of the Order to Pay Waived Court Fees and Costs (Form FL-336). If you file in time, you will not have to pay the waived fees until the judge makes a decision after the hearing.
2. Fill out a Request for Order (Form FL-300).
3. Fill out an Application to Set Aside Order to Pay Waived Court Fees-Attachment (Form FL-337) and attach it to Form FL-300.
4. Make 3 copies of your forms.
5. Turn in your forms and copies to the clerk. The clerk will give you a date for the hearing.
6. Have someone 18 or older, not you, serve the other person with 1 copy of the forms that the clerk returns to you AND include a blank Responsive Declaration to Request for Order (Form FL-320).
7. Fill out a Proof of Personal Service (Form FL-330) or a Proof of Service by Mail (Form FL-335) and file it with the clerk.
8. Make sure you go to your hearing. If you do not go, your request will be denied and you will have to pay back the other side’s waived fees and costs.

Laws and rules of court about fee waivers

The California laws about fee waivers are in the Government Code, sections 68630 through 68641.

The California Rules of Court also deal with fee waivers. For:

• Fee waiver rules for the trial courts, read rules 3.50 through 3.58.
• Fee waiver rules in the Court of Appeal, read rules 8.26, 8.100, 8.122, and 8.128.
• Fee waiver rules in the appellate division of the superior court, read rules 8.818, 8.821, 8.832, and 8.833.

Fee Waiver Forms

You may not need all of these forms. Or you may need more forms. If you are not sure which forms to use, talk to a lawyer. Or get help from your court. Your court’s self-help center, family law facilitator, and small claims legal advisor may be able to provide you more help with your fee waiver.

NOTE: All California courts use the same basic set of forms. But some courts have special, local forms, too. To see if you will need any special, local forms, contact your court clerk or check your court’s website. The forms may be posted on their site. If not, the site will list the address and phone number of your local courthouse.

 

Forms to ask for a fee waiver

To download a form (in PDF format), click on the form number in the table below.

Form Name	Form Number	Instructions
Information Sheet on Waiver of Superior Court Fees and Costs	FW-001-INFO	Information sheet only.
Request to Waive Court Fees	FW-001	Instructions for Form FW-001 Video instructions for FW-001
Order on Court Fee Waiver (Superior Court)	FW-003	Instructions for Form FW-003

 

Forms you may need later on in your case

To download a form (in PDF format), click on the form number in the table below.

Form Name	Form Number	Instructions
Request to Waive Additional Court Fees (Superior Court)	FW-002	Instructions for Form FW-002
Request for Hearing About Court Fee Waiver Order (Superior Court)	FW-006	Instructions for Form FW-006
Notice on Hearing About Court Fees	FW-007	Instructions for Form FW-007
Order on Court Fee Waiver After Hearing (Superior Court)	FW-008
Notice to Court of Improved Financial Situation or Settlement	FW-010	Instructions for Form FW-010
Order on Court Fee Waiver After Reconsideration Hearing (Superior Court)	FW-012	Instructions for Form FW-012

Note: Fee waiver forms are for the court only, and some of them are confidential (it should say on the form itself). Do not have them served on the other side.