How to Request to Pay a Lower Fee or File for Free

If you cannot afford a filing fee, you may ask the court to pay less or file for free. If you need to pay less or file for free, you must file a motion (a written or electronic request) with the court asking to pay a lower fee or to file for free. You are also required to attach a financial statement to the motion. The right forms to use depend on the court you are in, the type of case, and how you file the case (on paper or electronically). This table shows which forms to use for each civil case type:

Forms for Fee Waiver by Court
Court Case Type Paper or E-Filing Form Financial Statement
Supreme Court All Paper or Electronic Motion to Waive Filing Fee Affidavit of Assets and Liabilities
Superior Court All Civil Paper Motion for Waiver of Filing Fee Statement of Assets and Liabilities
Superior Court All Civil Electronic Built into e-Filing System Built into e-Filing System
Circuit Court – District Division Civil (including Landlord/Tenant, Former Civil Writs) Paper Motion to Reduce or Eliminate Filing Fees and/or Costs Affidavit of Assets and Liabilities
Circuit Court – District Division Civil (including Small Claims, Civil Complaints, Replevin) Electronic Motion to Waive Filing Fees Built into TurboCourt Guided Interview; Motion to Reduce or Eliminate Filing Fees and/or Costs available to Add as Attachment Built into e-Filing System
Circuit Court – Family Division Divorce, Parenting, Adoption, Termination of Parental Rights, Marriage Waiver Paper Motion to Reduce or Eliminate Filing Fees and/or Costs Financial Affidavit
Circuit Court – Family Division Child Impact Seminar Fee Paper Motion to Waive/Reduce Child Impact Seminar Fee Financial Affidavit
Circuit Court – Family Division Guardianship of a Minor Electronic Motion to Waive Filing Fees Built into TurboCourt Guided Interview;  Motion to Reduce or Eliminate Filing Fees and/or Costs available to Add as Attachment Built into e-Filing System
Circuit Court – Probate Division Adoption, Equity, Surrogacy Paper Motion to Reduce or Eliminate Filing Fees and/or Costs Financial Affidavit
Circuit Court – Probate Division Guardianship, Name Change, Wills and Estates Electronic Motion to Waive Filing Fees Built into TurboCourt Guided Interview;  Motion to Reduce or Eliminate Filing Fees and/or Costs available to Add as Attachment Built into e-Filing System

 

If you are not sure which forms to use or you need help asking for a lower fee or to file for free, you can call the court’s information center at 1-855-212-1234 between 8:00 AM and 4:00 PM, Monday – Friday, or go to the courthouse.

In order to avoid delays in starting your case or processing your request, you should file your motion at the same time as you file your case or other request for court action.