- Food stamps (SNAP)
- Medicaid
- SSI
- FEP or TANF
YesYou might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
|
NoAnswer the next question. |
Fees and Fee Waiver
Fee waivers
In most cases, you must pay a fee to start a case. If you don't pay the fees the court will dismiss your case. This page explains:
Do you qualify for a fee waiver?
There are usually fees to start a case and file with the court. Some people qualify for a waiver of these fees. Answer the questions below to find out if you qualify.
YesYou might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
|
NoAnswer the next question. |
Is your monthly household income less than or equal to the amounts below?
|
Family size |
Family income |
|---|---|
1 |
$1,882.50 |
2 |
$2,555.00 |
3 |
$3,227.50 |
4 |
$3,900.00 |
5 |
$4,572.50 |
6 |
$5,245.00 |
For each additional family member over six, add $672.50
YesYou might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
Are you filing more than one petition for expungement? |
NoAnswer the next question - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities? |
Is your gross monthly income less than or equal to $3,227.50?
YesYou might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
|
NoAnswer the next question - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities? |
Is your monthly household income less than or equal to the amounts below?
|
Family size |
Family income |
|---|---|
4 |
$3,900.00 |
5 |
$4,572.50 |
6 |
$5,245.00 |
For each additional family member over six, add $672.50
YesYou might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
|
NoAnswer the next question - Can you afford to pay the court fees and provide for yourself and your family with food, shelter, clothing, or other necessities? |
If you can't afford to pay the court fees and provide yourself and your family with necessities, you might qualify for a fee waiver. Fill out these forms (available in the forms section): Motion to Waive Fees
Order on Motion to Waive Fees
|
| If you can afford to pay the court fees and provide yourself and your family with necessities then you might not qualify for a fee waiver. |
What fees can you ask the court to waive?
You can ask the court to waive the following fees:
- The filing fee – this is the cost of filing your paperwork and starting a new case. How much your fee will be depends on what kind of case you are filing. You can look at:
- 1158XX
- 1024XX
- 1158.5XX
- 1044XX
- The fees for the required classes in divorce, custody, or temporary separation cases.
- The fee for an adoption certificate or a divorce certificate. This is only required in adoption or divorce cases.
- The fee to have the sheriff serve your papers to start your case. This will only work if you are having papers served in Utah
- The OCAP fee if you used OCAP to prepare your paperwork. OCAP can prepare the papers to request a fee waiver for you. Log into OCAP and open your interview to have the system help with this
- The fees for filing an appeal – the regular fee is $240 and the fee to appeal in small claims is $10
There are some fees that the court can't waive:
- The fee to have a non-Utah sheriff or constable or a private process server serve the documents
- The fee to serve someone by mail
- The fee to publish a legal notice in a newspaper
- The fee to have the county recorder record a judgment
- The witness fee to have someone appear at a trial
- The cost of any postage or copies
- The fee for transcripts in an appeal
What happens if the judge denies your request
The judge can decide:
- to waive all the fees
- to waive some of the fees
- to waive none of the fees
- that you did not to provide the required information or attach supporting documentation. In this case, you may file a corrected motion and supporting documents within 14 days of the judge's decision.
If the judge found that you can pay your court fees, and you:
- have lost your source of income;
- have unaccounted nondiscretionary expenses limiting your ability to pay;
- will suffer immediate irreparable harm if the action is unnecessarily delayed; or
- will otherwise lose the cause of action by unnecessary delays associated with securing funds necessary to satisfy the assessed filing fee,
Then you can file a Memorandum Demonstrating Inability to Pay Fees within 10 days of this order. Scroll down to see the form.
Forms
Information about filing documents in existing cases by email
The forms you need depend on your case. What is your case about?
Required forms - public
- 1301FA
- 1302FA
Optional form
- 1304FA
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Required forms - inmates
- 1301FA
- 1303FA
Optional form - inmates
- 1304FA
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Required forms - public
- Motion to Waive Fees for Expungement - Civil Protective Order and Civil Stalking Injunction or Eviction - PDF | Word
- 1302GE
Optional form
- 1304GE
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Required forms - inmates
- Motion to Waive Fees for Expungement - Civil Protective Order and Civil Stalking Injunction or Eviction - PDF | Word
- 1303GE
Optional form - inmates
- 1304GE
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
- 1386XX
- 1387XX
- 1388XX
Required forms - public
- 1301GE
- 1302GE
Optional form
- 1304GE
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Required forms - inmates
- 1301GE
- 1303GE
Optional form - inmates
- 1304GE
(Used only if the motion is denied and specific criteria are met. Must be filed within 10 days of the entry of the order denying motion.)
Are you sure this is the right form?
Use the district or juvenile court fee waiver form if you are appealing from that court level. Check the box for appeals. You can also ask to waive the bond if one is required.
Use the district or juvenile court fee waiver form if you are appealing from that court level. Check the box for appeals. You can also ask to waive the bond if one is required.
Only use the form below for:
- Asking a higher court to review a lower court's decision (Writs of Certiorari)
- Appeals before the full case is decided (Interlocutory Appeals)
- Asking a higher court for help when you have no other options (Extraordinary Writs)
- Asking an appeals court to review an agency or committee's decision (Petitions for Review)
- 1091XX