Removing financial barriers to court participation
Civil cases address issues affecting family stability, housing security, financial wellbeing, and more. But some court users struggle to fully participate in these cases because it can be costly, sometimes totaling hundreds of dollars. Civil fee waivers help ensure that all litigants can participate in court, regardless of their financial status.
"Civil Fee Waivers: National Trends and Best Practices" provides an overview of how courts administer fee waivers, including eligibility standards, proof requirements, and decision-making authority. The report also covers best practices, provides examples of existing applications, and offers implementation tips.
Who should read this?
- Judges & court administrators
- Policymakers & legislators
Download the report for trends, best practices & a national scan
Support for this project was provided by The Pew Charitable Trusts.
Types of fee waivers
Fee waiver types, requirements, and coverage vary significantly across jurisdictions. Generally speaking, "fee waiver" describes the process courts use to alleviate a party's obligation to pay certain costs based on financial status.
Full waiver
In some instances, a court user who is granted a fee waiver does not need to pay any of the fees covered by the waiver. However, a full waiver may not extend to third-party vendor fees, which the litigant will need to pay.
Partial waiver
Some jurisdictions use a sliding scale to grant a partial waiver to people who may not be eligible for a full waiver but are unable to pay the full fee.
Subject-matter waiver
Some jurisdictions do not require a filing fee for certain case types. Examples may include protective orders, mental health proceedings, appeals of the denial of unemployment benefits, adoption petitions, and complaints about missed child or spousal support.
Deferral
In some courts, the fees are deferred, and litigants with a fee waiver can proceed with their case without payment, though they may be required to pay at a later time.
Payment plan
Payment plans allow court users to spread fee payments over time.
Best practices for civil fee waivers
Ensure court users have the information they need about fees and waivers.
Use plain language when developing fee waiver forms and communicating information about fee waivers.
Make fee waivers widely available and streamline the request process.
Develop tools that help decision makers assess financial ability to pay.
Provide an opportunity for court users to continue their case if their fee waiver request is denied.
Eliminate court participation barriers with civil fee waivers
Our team can provide additional guidance on civil fee waivers, ranging from general information to process and form improvements.
Explore more
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NCSC's toolkit, case studies, and other resources explores efforts to refine pretrial practices and includes a bench card to help judges determine the ability of people to pay their legal financial obligations.
A roadmap for more accessible efiling
This report offers a comprehensive insight into electronic filing (efiling) accessibility in US state courts, drawing attention to challenges, best practices and compelling recommendations for improvements in areas such as fee waivers, language support and essential disability accommodations to promote equality, accessibility, and fairness in access to justice.
Reducing & eliminating criminal fines & fees
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