# Pro Se Toolkit — California ## Judicial Council forms ### Overview California Superior Courts use **Judicial Council of California** standardized forms for most civil filings. Under California Rules of Court, rule 1.35, forms designated as "Mandatory" must be used exactly as formatted. Forms designated as "Optional" may be substituted with a pleading in your own format that contains all required information. All current forms are available at: https://www.courts.ca.gov/forms.htm Forms are searchable by form number or keyword. Download the current version before filing — forms are updated periodically and courts may reject an outdated version. ### Key form prefixes | Prefix | Category | Examples | |--------|----------|---------| | MC- | Miscellaneous Civil | MC-025 (Attachment); MC-031 (Declaration) | | CIV- | Civil | CIV-110 (Request for Dismissal); CIV-050 (Substitution of Attorney) | | POS- | Proof of Service | POS-030 (mail); POS-040 (personal service) | | SUM- | Summons | SUM-100 (Summons — Civil); SUM-130 (Summons — Cross-Complaint) | | UD- | Unlawful Detainer | UD-100 through UD-200 series | | SC- | Small Claims | SC-100 through SC-200 series | | FL- | Family Law | FL-100 through FL-900 series | | JV- | Juvenile | JV-100 series | | EJ- | Enforcement of Judgment | EJ-001 through EJ-195 | | WG- | Wage Garnishment | WG-001 through WG-035 | | AT- | Attachment | AT-105 through AT-200 | | FW- | Fee Waiver | FW-001; FW-003 | ### Frequently used civil forms **Case initiation:** - **SUM-100** — Summons (mandatory; accompanies complaint) - **CIV-110** — Request for Dismissal **Service:** - **POS-030** — Proof of Service by First-Class Mail (mandatory form for mail service attestation) - **POS-040** — Proof of Personal Service (mandatory for initial service of summons) - **POS-010** — Proof of Service of Summons (for the sheriff's return or process server's proof) **Declarations and attachments:** - **MC-025** — Attachment (use when a form doesn't have enough space; check "Additional pages attached" box on the main form and attach MC-025 with the continuation) - **MC-031** — Declaration (a general-purpose blank declaration form; fill in the case information at top) **Default proceedings:** - **CIV-100** — Request to Enter Default (mandatory) - **CIV-140** — Application and Declaration for Default Judgment by Court (for small-claims-type amounts without hearing) - **JUD-100** — Proposed Judgment (attach to default judgment request) **Post-judgment collection:** - **EJ-001** — Abstract of Judgment — Civil and Small Claims - **WG-001 through WG-035** series — Earnings Withholding (Wage Garnishment) Order - **EJ-130** — Writ of Execution - **EJ-170** — Notice of Opposition to Claim of Exemption --- ## In Forma Pauperis — Fee Waiver ### What it covers Under California Government Code sections 68630–68641, courts must waive initial filing fees for qualifying litigants. The waiver covers: - **Court filing fees** (complaint, answer, cross-complaint, appeal) - **Reporter's fees** for hearings and trials - **Jury fees** (jury deposit) - **Sheriff's fees** for service of summons (Code Civ. Proc., § 68637(e)) - **Other fees and costs** specified in Government Code section 68637 The waiver does **not** cover the opposing party's attorney fees if you lose, or expert witness fees. It is purely a court-fee waiver. ### Income and asset eligibility Automatic qualification (Govt. Code, § 68632): - Receiving: Medi-Cal, SSI/SSP, CalFresh (SNAP), CalWORKs (TANF), County Indigent Health Care, In-Home Supportive Services (IHSS), or Supplemental Security Income - Income at or below **125% of the federal poverty level** Means-test qualification (Govt. Code, § 68633): - Monthly income minus monthly essential expenses leaves less than $1,500 per month (or similar threshold — check current Judicial Council guidelines); or - Annual income under 150% of federal poverty level The clerk makes the initial determination. If denied, you may request a hearing before a judge. ### The forms **FW-001 — Request to Waive Court Fees** (mandatory form) This is the application. File it at the clerk's window along with or before your first filing. - Answer all questions completely — incomplete applications are returned - Attach supporting documentation (pay stubs, bank statements, proof of benefits) if the clerk requests it - The court must rule on the application within 5 court days (Govt. Code, § 68634(a)) **FW-003 — Order on Court Fee Waiver** (the court's ruling) The clerk or judge signs FW-003 granting or denying the waiver. Keep a copy — some clerks require you to present it at each subsequent filing to confirm the waiver is still in effect. **FW-010 — Request to Waive Additional Court Fees** (for ongoing fees after the initial waiver — e.g., jury fees when the case approaches trial) ### After the waiver is granted - The waiver applies to all **court** fees in the same case - If your financial situation changes materially, the court may reconsider (Govt. Code, § 68636) - If you recover money or property in the case, the court may order repayment of the waived fees from the recovery (Govt. Code, § 68637(b)) - The waiver is **case-specific** — re-apply if you file a new case ### If the waiver is denied File a Request for Hearing on Order re: Court Fees (FW-006) within 10 days. You get a hearing before a judge, not just a clerk review. --- ## Self-Help Centers Every California Superior Court is required to maintain a Self-Help Center under Government Code section 68651. Staff at Self-Help Centers: - Provide **procedural** assistance with forms - Answer **procedural** questions ("which form do I file?", "what is the filing deadline?") - Do **not** provide legal advice about your case's merits - May review your completed forms for completeness **These centers are free and open to the public regardless of income.** You do not need to qualify for a fee waiver to use them. ### Major Self-Help Center locations | County | Location | Notes | |--------|----------|-------| | Los Angeles | Stanley Mosk Courthouse, 111 N. Hill St., LA 90012 | Also at Chatsworth, Inglewood, Compton, Pomona, Van Nuys | | San Francisco | Civic Center Courthouse, 400 McAllister St., Rm. 101 | Mon–Fri; check current hours | | San Diego | Hall of Justice, 330 W. Broadway, Rm. 225 | | | Sacramento | Gordon D. Schaber Courthouse, 720 9th St., Rm. 102 | | | Alameda | Rene C. Davidson Courthouse, 1225 Fallon St. | | | Santa Clara | 191 N. 1st St., San Jose | | | Contra Costa | 725 Court St., Martinez | | | Orange | Lamoreaux Justice Center, 341 The City Dr. S., Orange | | | Riverside | Hall of Justice, 4050 Main St. | | | San Bernardino | 247 W. 3rd St., San Bernardino | | | Fresno | B.F. Sisk Federal Building — county website for address | | Full statewide directory: https://www.courts.ca.gov/selfhelp.htm --- ## Online resources | Resource | URL | What it provides | |----------|-----|-----------------| | California Courts Self-Help | https://www.courts.ca.gov/selfhelp.htm | Guides, forms, videos by topic | | LawHelpCA | https://www.lawhelpca.org/ | Legal aid referrals and guides | | Judicial Council Forms | https://www.courts.ca.gov/forms.htm | All current forms | | California Legislative Information | https://leginfo.legislature.ca.gov/ | Full text of CCP, Evid. Code, etc. | | California Rules of Court | https://www.courts.ca.gov/rules.htm | Full CRC text | | LASC Self-Help | https://www.lacourt.org/selfhelp | LASC-specific guides | | SFSC Self-Help | https://sf.courts.ca.gov/self-help | SFSC-specific guides | --- ## Common motion types — quick reference | What you want to do | Motion / Form | Key CCP section | |--------------------|---------------|-----------------| | Dismiss for failure to state a claim | Demurrer | Code Civ. Proc., § 430.10(e) | | Strike improper allegations | Motion to Strike | Code Civ. Proc., § 435 | | Challenge jurisdiction or venue | Motion to Quash / Transfer | Code Civ. Proc., §§ 418.10, 397 | | Compel discovery | Motion to Compel Further Responses | Code Civ. Proc., §§ 2030.300, 2031.310, 2033.290 | | Set aside a default | Motion to Set Aside / Vacate Default | Code Civ. Proc., § 473 | | Win before trial | Motion for Summary Judgment | Code Civ. Proc., § 437c | | Add a defense / claim late | Motion for Leave to Amend | Code Civ. Proc., § 473(a) | | Obtain a protective order | Motion for Protective Order | Code Civ. Proc., § 2031.060 |