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Frequently Asked Questions
1. What is a fee deferral or waiver?
Arizona law requires the court to charge filing fees, service fees and other fees to cover costs. Court fees are due at the time of filing or at the time of requesting service. If you wish to file a civil case (family court, small claims, non-guardianship juvenile, tax, and mental health) and you cannot afford to pay the court fees at the time of filing you may apply for a fee deferral or waiver. The court will review your individual situation as presented in the application, including participation in a qualifying program, income and extraordinary circumstances, to determine if you qualify for a fee deferral or waiver.
2. What is the difference between a fee deferral and a fee waiver?
If the court grants you a deferral, payment may be postponed to the end of the case or you may be required to pay a portion of the fee now and be given additional time to pay the balance. If you are awarded a waiver you will not be required to pay the fees.
3. How do I get a fee deferral or a fee waiver?
Forms are available at the court’s filing counter or online for many courts, or you can access forms on the Arizona Judicial Branch webpage.
4. What kinds of fees are waived or deferred?
Filing or answer fees, constable service fees (with some restrictions), summons or subpoena issuance fees, appeal preparation filing fees, fees for obtaining one certified copy of a temporary order in a domestic relations case, and fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings.