Establishing secure connection…Loading editor…Preparing document…

Application to Set Aside Order to Pay Waived Court Fees

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!
FL-337

PETITIONER:

RESPONDENT:

OTHER PARENT/PARTY:

CASE NUMBER:

APPLICATION TO SET ASIDE ORDER TO PAY WAIVED COURT FEES-ATTACHMENT
Attachment to Request for Order (form FL-300)

1. I am the I request that the court set aside the Order to Pay Waived Court Fees and Costs (form FL-336).

2. In making this request, I ask the court to consider the information in the court's case file, the information attached to this application, the information specified in the supporting declaration, and the evidence presented at the hearing.

NOTICE

To request a hearing, the party must complete and file with the court clerk the following: (1) Request for Order (form FL-300) and (2) Application to Set Aside Order to Pay Waived Court Fees-Attachment (Family Law) (form FL-337). These forms must be completed and filed with the court clerk within 30 days from the date of personal service of the Order to Pay Waived Court Fees and Costs (form FL-336) OR within 35 days from the date the Order to Pay Waived Court Fees and Costs (form FL-336) was served by mail.

In addition, the party requesting the hearing must serve the other party with (1) copies of the above-listed documents filed with the court and (2) a blank Responsive Declaration to Request for Order (form FL-320). You may obtain Judicial Council forms from the clerk of the court, your county law library, or www.courts.ca.gov/forms.

If the request for hearing is filed with the court clerk within this time, the Order to Pay Waived Court Fees and Costs (form FL-336) will not be enforced until after the hearing.

3. The reasons in support of this request are (specify below):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

Form Adopted for Mandatory Use

Judicial Council of California

FL-337 [Rev. July 1, 2016]

APPLICATION TO SET ASIDE ORDER TO PAY WAIVED COURT

FEES-ATTACHMENT

(Family Law)

Page 1 of 1

Government Code, § 68637

www.courts.ca.gov

Enter text

What this application does and when it’s used

The Application to Set Aside Order to Pay Waived Court Fees is a court filing used when a party seeks relief from a prior judicial order that required payment of fees that were previously waived. The application explains changed circumstances or errors that justify vacating the payment obligation, cites supporting facts and exhibits, and asks the court to rescind or modify the earlier order. It typically identifies the original case number, the party requesting relief, the basis for the request, and any proposed order language for the judge’s signature.

Why a properly prepared application matters

Using this application lets an affected party correct procedural errors, present new evidence, or show extraordinary circumstances so a court may rescind an order to pay waived fees and prevent unfair financial burden. It preserves appellate options and clarifies enforcement status.

Why a properly prepared application matters

Who typically files or responds to this application

Typical users who complete this Application to Set Aside Order to Pay Waived Court Fees include pro se litigants, civil plaintiffs, defense counsel, and court clerks managing fee-waiver records.

  • Pro se litigants seeking to reverse fee obligations after procedural errors.
  • Civil attorneys filing motions to correct misapplied fee-waiver determinations and preserve record.
  • Court clerks preparing orders and tracking changes to fee-waiver status in dockets.

Essential elements to include in the application

Core components of a professional application organize facts, legal grounds, attachments, proposed order text, signature blocks, and clear relief requests for judicial review.

Caption

Include court name, case number, case caption, and judge name to match the original docket and avoid misfiling or service errors; note filing date and document title.

Statement of Facts

Provide concise chronology of events that led to the original order, explain fee-waiver grant, and identify new facts or errors that justify setting aside the payment obligation.

Legal Basis

Cite statutes, rules, or case law supporting relief, such as procedural error, fraud, or manifest injustice; reference local rules governing motions to set aside orders.

Attachments

Attach fee-waiver order, proof of waiver, affidavits, declarations, relevant docket entries, billing statements, and any supporting exhibits that corroborate changed circumstances or clerical mistakes and medical records if applicable.

Proposed Order

Provide draft order with specific language to vacate or modify the payment requirement, indicate effective date, and include directive about refunds, offsets, or future enforcement stays.

Signature Block

Include name, bar number (if attorney), address, telephone, email, and signature line; pro se filers must add a declaration of truth under penalty of perjury where required.

Step-by-step: preparing and submitting the application

Follow these steps to prepare, file, and serve the application correctly and reduce risk of rejection.

  • 01
    Gather Records: Collect waiver order, filings, and supporting exhibits.
  • 02
    Draft Motion: Write factual statement, legal grounds, and proposed order.
  • 03
    Sign & Attach: Include signatures, declarations, and notarizations if needed.
  • 04
    File & Serve: File with clerk, serve parties per local rule.

Recommended e-filing and e-sign workflow settings

Key e-filing and workflow settings to prepare the application for eSubmission and clerical acceptance.

E-filing Workflow Field Name Configuration
Primary Signature Acceptance Method Field Typed or drawn; attach audit trail
Signer Authentication Requirements and Level Email link; SMS OTP optional for higher assurance
File Format and Size Limits PDF/A recommended; max 25 MB per upload
Service and Court Filing Method E-file portal where available; mail otherwise
Document Retention and Audit Trail Settings Retain signed PDF and audit log for records

Platform and technical considerations for eSubmission

Digital submission and e-signature require compatible PDF files, authenticated signers, and secure transmission to the court e-filing system.

  • File Types: PDF/A and PDF supported
  • Signer Authentication: Email, SMS, or KBA
  • Integrations: Works with multiple cloud providers

Process flow from filing to court disposition

This process moves from filing to judicial review, possible hearing, and final disposition or enforcement action.

  • Upload: Attach completed application and exhibits to court filing.
  • Clerk Review: Clerk checks formatting and docketing before assigning judge.
  • Hearing: Court may schedule a hearing or decide on papers.
  • Order: Judge issues order to set aside, modify, or deny relief.

Timing, service, and local deadlines to watch

Deadlines and timing for filing an application vary by jurisdiction; meet local rules for motion timing and service to avoid waiver.

Typical Filing Window After Order:

Often within 30 days of order; check local rule.

Request for Stay or Relief:

File concurrently to pause enforcement if immediate financial harm exists.

Hearing Scheduling, Notice, and Service:

Court often sets hearing within 14 to 45 days; serve parties.

Opposition Response Time Under Local Rules:

Responses commonly due 14 to 21 days after service; check local civil rules.

Appeal Options and Post-Order Motions:

Orders may be appealable or subject to new motion; appellate deadlines vary by jurisdiction.

Common pitfalls to avoid

  • Failing to attach the original fee-waiver order or docket entry often leads the clerk to deny or return the application for deficiency.
  • Using vague legal grounds like 'unfairness' without citing specific rules, statutes, or case law makes relief unlikely on motion.
  • Serving parties incorrectly or missing local service rules can derail the case and cause the court to dismiss the application.
  • Failing to propose narrow, concrete remedial language in a draft order leaves judges unsure how to implement relief; be specific.

Consequences of incorrect or improper filings

Denial or Dismissal: Application rejected for defects
Contempt Risk: Failure to comply may trigger contempt
Sanctions: Monetary sanctions possible for frivolous filings
Fee Liability: Court may order payment despite motion
Appellate Waiver: Late challenges can forfeit appellate rights
Perjury Exposure: False declarations may result in charges

Illustrative scenarios showing typical outcomes

Illustrative cases show how courts respond to properly supported applications and the evidence that influenced outcomes.

Clerical Error Fixed

The petitioner discovered a clerical typo in the fee-waiver order that incorrectly listed a dismissal fee, prompting a motion to correct the record.

  • Judge granted relief after verifying the docket entry.
  • The court issued a narrow order vacating the payment requirement and instructed the clerk to amend the fee-waiver entry; no sanctions were imposed and the case proceeded without delay, preserving appellate rights.

New Evidence Considered

A litigant obtained newly discovered billing records showing fees had been charged despite a prior waiver; they filed the application with supporting affidavits.

  • Court held brief evidentiary hearing.
  • Based on the affidavits and billing exhibits the judge set aside the payment order and ordered accounting; the clerk adjusted the docket and issued a corrected fee determination and provided instructions for refund, if applicable.

Security and compliance considerations for e-submission

Encryption: TLS 1.2/1.3 encrypted in transit
Data at Rest: AES-256 encryption at rest
Certifications: SOC 2 Type II and ISO 27001
Privacy: HIPAA BAA available on request
Legal Frameworks: Compliant with ESIGN and UETA
Audit Trail: Timestamps, IP, action log

Comparing common eSignature plans relevant to court filings

Compare common eSignature plans for handling filings and signatures required by court procedures, with signNow listed first per platform pricing and capability differences.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial available, no credit card Free trial varies by plan and region Free trial varies by plan and region Free trial varies by plan and region Free trial varies by plan and region
Bulk Send Yes; available on select paid plans Yes; vendor feature Yes; vendor feature Yes; vendor feature No; feature not offered on plans
Audit Trail Yes; full audit trail and logs Yes; full audit trail and logs Yes; full audit trail and logs Yes; full audit trail and logs Yes; full audit trail and logs
HIPAA Compliant Yes; BAA available on request Yes; BAA available Yes; BAA available No; HIPAA BAA not available No; HIPAA BAA not available
Envelope Cap No cap on envelopes per user Limits to 100 envelopes per user per year Varies by plan and vendor Varies by plan and vendor Varies by plan and vendor

Frequently asked questions and practical answers

Frequently asked questions on procedural, timing, and evidentiary issues when applying to set aside an order to pay waived fees.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users