Alameda Superior Court Filing Fees and Waivers

CRITICALCivil cases

Fee schedule sets percentage-of-balance fees with maximums for Public Guardian, County Counsel, and Public Defender based on estate size.

Size of estate Fee guidelines $774.99 and under -0- 11 % of balance to Public Guardian $775 – 1,499 9 % of balance to County Counsel 9 % of balance to Public Defender 16% of balance, with a maximum of $ 1,800 to Public Guardian $1,500 – 14,999 11% of balance, with a maximum of $ 1,440 to County Counsel 11% of balance, with a maximum of $ 1,440 to Public Defender 10 % of balance, with a maximum of $ 2,400 to Public Guardian $15,000 – 44,999 8 % of balance, with a maximum of $ 2,160 to County Counsel 8 % of balance, with a maximum of $ 2,160 to Public Defender 4.5 % of balance, with a maximum of $ 3,120 to Public Guardian $45,000 – 74,999 4% of balance, with a maximum of $ 2,700 to County Counsel 4 % of balance, with a maximum of $ 2,700 to Public Defender 3.5 % of balance, with a maximum of $ 3,780 to Public Guardian $75,000 – 104,999 3 % of balance, with a maximum of $ 3,450 to County Counsel 3 % of balance, with a maximum of $ 3,450 to Public Defender 3 % of balance, with a maximum of $ 4,520 to Public Guardian $105,000 – 129,999 2.75 % of balance, with a maximum of $ 4,200 to County Counsel 2.75 % of balance, with a maximum of $ 4,200 to Public Defender 2.9 % of balance, with a maximum of $ 8,400 to Public Guardian $130,000 – 244,999 2.7 % of balance, with a maximum of $ 7,200 to County Counsel 2.7 % of balance, with a maximum of $ 7,200 to Public Defender 2.9 % of balance, with a maximum of $ 10,200 to Public Guardian $245,000 and above 2.7 % of balance, with a maximum of $ 8,400 to County Counsel 2.7 % of balance, with a maximum of $ 8,400 to Public Defender

CRITICAL

Applies to

Application for continuance

Any required continuance fee must be paid within ten days of mailing or faxing the application, or at the time of in-person filing, or before the hearing or conference, whichever is earliest.

parties agree that if this request is granted, Petitioner Respondent Other Parent Other (specify): shall pay any required continuance fee within ten days of the date this form is mailed or faxed to the court, when this application and order is filed if it is filed in person, or before the hearing or conference is held, whichever is earliest.

CRITICALCivil cases

Fees may not be anticipated nor property encumbered without a prior written court order.

No fee or charge may be anticipated nor property encumbered without a prior written order of the court setting forth the fee, charge, and/or encumbrance.

CRITICALCivil cases

No fee or charge may be taken without a prior written court order.

No fee or charge shall be taken without a prior written order of the court setting forth the fee or charge.

CRITICALCriminal cases

A defendant seeking a trial de novo must pay the total amount due within the time specified in the notice.

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.

CRITICALCivil cases

Applies to

Court investigator assessment

Court investigator report fees must be paid before the general-plan hearing; other assessment fees must be paid before approval of the next accounting.

Court investigator assessments for reports must be paid before the hearing on the general plan. All other assessments must be paid before approval of the next accounting. The Court Investigator’s Office will bill the estate or, where applicable, any trust of which the conservatee is a beneficiary.

CRITICALCivil cases

Applies to

Dismissal

The clerk may refuse to enter a dismissal until a court lien for waived fees is paid when the party recovered $10,000 or more, unless the court orders entry.

The clerk of the court shall have the authority to refuse to enter a dismissal in a civil case if the party whose court fees and costs were initially waived has a lien payable to the court because the party recovered ten thousand dollars ($10,000) or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other recovery. The dismissal shall not be entered until the lien has been paid or by order of the court. (See Government Code section 68637(c)(4).)

CRITICALCivil cases

Applies to

Satisfaction of judgment

The clerk may refuse to enter a full satisfaction of judgment until an accompanying order requiring payment of waived fees and costs has been satisfied.

The clerk of the court shall have the authority to refuse to enter a full satisfaction of judgment until an accompanying order requiring payment of waived fees and costs, if any, has been satisfied. (See Government Code section 68637(b)(1).)

WARNINGCivil cases

In probate cases, there is a case set up and investigation claim of $2,400 by the Public Guardian and a case set up claim of $2,040 by County Counsel. These are requested at the time of the general plan and shall only be taken upon written court approval. The Public Defender may claim a case set up fee of $2,040. There is also an investigation fee for all cases in which the Public Guardian investigates of $1,020, regardless of whether the Public Guardian is appointed conservator.

In probate cases, there is a case set up and investigation claim of $2,400 by the Public Guardian and a case set up claim of $2,040 by County Counsel. These are requested at the time of the general plan and shall only be taken upon written court approval. The Public Defender may claim a case set up fee of $2,040. There is also an investigation fee for all cases in which the Public Guardian investigates of $1,020, regardless of whether the Public Guardian is appointed conservator.

WARNINGCivil cases

Applies to

Conservatorship fee claim

Additional fees of $1,080 (Public Guardian) and $600 (County Counsel) may be claimed after following the Probate Code section 2631 liquidation procedure, but only upon written court approval.

In cases where the Public Guardian and County Counsel have followed the Probate Code section 2631 procedure to liquidate the decedent’s estate and pay debts, additional fees of $1,080 to the Public Guardian and $600 to the County Counsel will be claimed. Fees claimed will be taken only upon written court approval.

WARNINGCivil cases

Extraordinary compensation on real property sales: $1,800 (PG) and $1,440 (CC); amounts over $1,800 require detailed declarations; $600 for personal property over $1,800; all require written court approval.

Additionally, there may be a claim by the Public Guardian of $1,800 and by the County Counsel of $1,440 on sales of real property. If the Public Guardian seeks an amount more than $1,800 then the entire amount must be supported by declarations providing detailed information as to the services rendered. The Public Guardian may claim $600 on sales of personal property over $1,800. These claims may be taken only upon written court approval.

WARNINGCivil cases

Fees for estates with substantial non-liquid assets are reserved until assets are liquidated or the conservatee dies, whichever is sooner.

For estates with substantial non-liquid assets, Public Guardian, County Counsel, and Public Defender fees will be reserved until such time as the assets are liquidated or until the conservatee is deceased, whichever is sooner.

WARNINGCivil cases

Annual fees may be claimed per the schedule without itemized or hourly billing.

The Public Guardian, County Counsel, and Public Defender may claim annual fees pursuant to the above schedule without the need for itemized or hourly billing.

WARNINGCivil cases

Applies to

Conservatorship fee claim

Estates with balances on hand of $78,000 and over are subject to fees claimed pursuant to the schedule.

On estates with balances on hand of $78,000 and over, the Public Guardian, County Counsel and Public Defender will claim fees pursuant to the schedule.

WARNINGCivil cases

County Counsel and Public Defender may submit itemized billings in declaration form for fees exceeding schedule amounts in extraordinary legal services cases.

For cases requiring extraordinary legal services, the County Counsel and the Public Defender may submit itemized billings with the accounts, in declaration form, for fees in excess of the schedule amounts.

WARNINGCivil cases

Fee

$4080

Applies to

Conservatorship fee claim

Where the Public Defender is not appointed, the Public Guardian and County Counsel claim 55% and 45% respectively of the estate balance up to a maximum of $4,080.

In cases where the Public Defender is not appointed, the Public Guardian and County Counsel will claim 55% and 45% respectively of the estate balance up to a maximum of $4,080.

WARNINGCivil cases

Fee

$5520

Applies to

Conservatorship fee claim

Fee waiver is not available; the Public Guardian, County Counsel, and Public Defender claim 40%, 30%, and 30% respectively of the estate balance up to a maximum of $5,520.

The fee waiver provision is not applicable. The Public Guardian, County Counsel, and Public Defender will claim 40%, 30%, and 30% respectively of the estate balance up to a maximum of $5,520.

WARNINGCivil cases

Applies to

Jury fees

Parties must post jury fees as required by Code of Civil Procedure section 631.

Post jury fees as required by Code of Civil Procedure section 631.

WARNING

Applies to

Fee waiver application

The clerk's delegation does not extend to waiving the additional court fees and costs set forth in California Rules of Court, rule 3.56.

The delegation of authority to the clerk of the court does not include the authority to waive the additional court fees and costs set forth in California Rules of Court, rule 3.56.

WARNING

Applies to

Fee waiver application

The clerk may not deny, set an eligibility hearing, or partially grant a request for an initial fee waiver.

This delegation of authority does not authorize the clerk of the court to deny, to set an eligibility hearing, or to partially grant a request for an initial fee waiver.

WARNING

Applies to

Fee waiver request

The clerk is delegated authority to process requests for waivers of court fees from inmates under Government Code section 68635(g).

Pursuant to Government Code section 68635(g), the clerk of the court is delegated authority to process requests for waivers of court fees from inmates.

INFO

Parties with low or no income may apply for a waiver of filing fees and conference call vendor fees.

I understand that if I have low income or no income, I may apply for a waiver of any filing fees and a waiver of conference call vendor fees.

INFO

Applies to

Records copy request

I understand that I may have to pay a reasonable fee for the cost of photocopying any requested documents.

I understand that I may have to pay a reasonable fee for the cost of photocopying any requested documents.

INFOCivil cases

No fee is charged for filing Case Management Conference Statements by E-Delivery.

No fee is charged for this service.

INFOCriminal cases

The clerk may make ability-to-pay determinations for traffic fines and fees; a judicial officer must review any denial upon the defendant's request.

The clerk of the court is authorized to make ability-to-pay determinations under Government Code section 68645.3(e) using the criteria posted on the Traffic Court page of the Court’s website. If the clerk of the court denies a request for reduction, a judicial officer must review the decision upon request by the defendant.

INFOCivil cases

Applies to

Guardianship

Court investigator fees are waived in guardianship cases when the court approves a fee waiver.

No court investigator fee will be imposed in any case in which a fee waiver has been approved by the court.

INFO

Applies to

Photocopies of juvenile records

The requesting party must pay the cost of any copying of juvenile court records.

If copies are requested, the requesting party shall pay the cost of any copying.

WARNING

The clerk is delegated authority to grant initial fee waiver applications that meet the eligibility requirements in Government Code sections 68632(a), 68632(b), and 68633.

Pursuant to Government Code section 68634(d), the court delegates to the clerk of the court the authority to grant applications for an initial fee waiver that meet the eligibility and application requirements set forth in Government Code sections 68632(a) [applications based upon receipt of qualifying public benefits], 68632(b) [meets poverty guidelines], and 68633.