1. No category

Sacramento County Public Law Library
& Civil Self Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
NAME CHANGE
How to Change your Name in California
Disclaimer: This guide is intended as general information only. Your case may have factors
requiring different procedures or forms. The information and instructions are provided for use in
the Sacramento County Superior Court. Please keep in mind that each court may have different
requirements. If you need further assistance, consult a lawyer.
CONTENTS
This packet contains:
• Name Change Step-by-Step Instructions
• Sample forms:
o Civil Case Cover Sheet (CM-010)
o Petition for Change of Name (NC-100)
o Attachment to Petition for Change of Name (NC-110)
o Order to Show Cause for Change of Name (NC-120)
o Decree Changing Name (NC-130)
o Proof of Service of Order to Show Cause (NC-121)
o Declaration of Diligent Search and Request to Dispense with Notice
o Declaration of Minor (MC-030)
• Fee Waiver Step-by-step Instructions
• Sample forms:
o Request to Waive Court Fees (FW-001)
o Order on Court Fee Waiver (FW-003)
• List of Newspapers of General Circulation
BACKGROUND
Although Californians have the right to simply use any name they wish, obtaining a driver’s
license, Social Security card, or other government-issued document with a new name now
requires a court-ordered name change. California law (California Code of Civil Procedure
(CCP) §§ 1275 et seq.) provides a fairly simple procedure for adults to obtain a courtordered name change for themselves or their children. To file a Petition for Change of Name
in the Sacramento County Superior court, you must reside in Sacramento County, and
provide documentation proving your residency.
Victims or survivors of domestic violence, stalking, or sexual assault may be eligible to
obtain a confidential name change through California’s Safe at Home Program. If you
require a confidential name change, please visit California’s Safe at Home program at
http://www.sos.ca.gov/safeathome before filing any documents with the court. You may
also contact the program by calling (877) 322-5227 or by emailing [email protected].
gov.
If you require assistance with the process to change your name and gender and the
issuance of a new birth certificate, or you are a legal guardian (not a parent) attempting to
change the name of a minor, the Sacramento County Public Law Library Civil Self-Help
Center (CSHC) can help you via appointment. To obtain an appointment, you must be at the
Law Library by 8:30 a.m. to participate in our appointment-setting lottery. For more
information on the CSHC and our appointment setting process, see http://www.saclaw.org/
pages/civil-self-help-center.aspx.
If you are restoring your name after a dissolution of marriage, you may complete an “Ex
Parte Application for Restoration of Former Name after Entry of Judgment and Order” (FL395), and file it at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn
Road.
This Guide is intended to provide simple instructions on how to prepare, copy, assemble,
and serve the forms involved in a civil name change. If you need further assistance
completing the papers, the CSHC holds a Name Change Workshop every Monday from
1:30 p.m. to 3:30 p.m. A video of that workshop is available on our website at http://www.
saclaw.org/pages/selfhelp_video.aspx. Both the live workshop and the video workshop are
free of charge.
Step-by-Step Instructions
STEP 1. COMPLETE YOUR FORMS
The California Judicial Council has created simple fill-in-the-blanks forms for most aspects
of a legal name change. These forms may be used to change an adult’s name, a child’s
name, or the names of multiple family members. The required forms are accessible from the
California Courts website at http://courts.ca.gov/forms.htm.
Instructions for completing the necessary forms are included in this packet. The forms
needed for a name change are:
•
•
•
Civil Case Cover Sheet (CM-010)
This form is required for all types of civil cases. It is used for statistical purposes only.
Petition for Change of Name (NC-100)
The Petition is your formal request to the court for an order changing your name. It
identifies the person(s) whose name(s) will be changed.
Attachment to Petition for Change of Name (NC-110)
This attachment provides the court with details about the person(s) whose name(s)
will be changed. A separate attachment is required for each person.
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•
•
Order to Show Cause for Change of Name (NC-120)
The Order to Show Cause for Name Change is a court document that notifies all
interested parties that you are applying for a name change, and orders them to come
forward if they wish to object.
Decree Changing Name (NC-130)
This is the formal court order that officially grants the name change.
In certain situations, you may need additional forms to complete a name change:
• Proof of Service of Order to Show Cause (NC-121)
If only one parent petitions the court to change a minor’s name, the other parent must
be served with the Order to Show Cause, and the server must complete this Proof of
Service form. See Step 6 for more information.
• Declaration re: Service on Other Parent
If the other parent cannot be served because their location is unknown, the
petitioning parent must submit a declaration to the court detailing all attempts made
to locate the other parent. For tips on locating the absent parent, see the "Finding
People & Businesses" guide, available on our website at http://www.saclaw.org
/pages/finding-people.aspx.
• Declaration of Minor (use Declaration (MC-030))
If changing the name of a minor over the age of 12, the minor must write a
declaration agreeing to the name change.
• Fee Waiver Forms
If you wish to ask the court to waive all or part of your court filing fees ($435 as of
11/1/2013), or allow you to make payments over time, you will need to complete the
Request for Fee Waiver (FW-001) and Order on Fee Waiver (FW-003). Detailed
instructions for completing these forms are available on the “Fee Waiver” guide
available at the end of this guide, and on our website at http://www.saclaw.org/
pages/fee-waiver.aspx. If you need another blank FW-001 or FW-003, you can
download it from the California Courts website at http://www.courts.ca.gov/forms.htm.
STEP 2: PROOFREAD
There are several common errors that pop up in name change paperwork. The most
common mistakes are:
• Legibility. Be sure that all names, both the current name(s), and the proposed
name(s), are spelled out completely in each place they are supposed to appear (no
initials or omitted names) and that they are typed or printed legibly.
• Current Name and Proposed Name confusion. In all places on the form, the
current name (the one you are changing from) is used, except where it specifies
“Proposed Name” which is the name that you (or the person whose name is being
changed) want to end up with.
• The Petitioner’s name is the current full legal name of the person(s) filing this
petition. If an adult’s name is being changed, they are the petitioner. If a minor’s
name is being changed, the parent(s) will be the petitioner(s). If both parents are
petitioning, list both names.
3
•
•
Be sure to check the appropriate boxes in, and sign, the Declaration that appears in
the box on the Attachment to Petition for Change of Name (NC-110), unless the
Attachment is for a minor. Failure to check appropriate boxes or sign this Declaration
will cause the request to be denied.
Be sure that you have specified the newspaper that will be used for publication on
the Order to Show Cause for Change of Name (NC-120).
STEP 3: MAKE COPIES AND ASSEMBLE FOR FILING
Make two copies of all of the forms, except the Order to Show Cause for Change of Name
(NC-120). Make three copies of Order to Show Cause for Change of Name (NC-120).
Assemble your packet as follows:
• Request to Waive Court Fees (FW-001) plus two copies beneath it, if requesting
fees to be waived.
• Order on Court Fee Waiver (FW-003) plus two copies beneath it, if requesting fees
to be waived.
• Civil Case Cover Sheet (CM-010) plus two copies beneath it. It is acceptable to omit
the 2nd page, which consists of instructions only, on both the original and copies.
• Petition for Change of Name (NC-100) with an Attachment to Petition for Change
of Name (NC-110) for each person whose name is to be changed plus any other
declarations, plus two copies of the packet (the Petition, Attachment, &
Declaration(s)) beneath it.
• Order to Show Cause for Change of Name (NC-120), original plus three copies
beneath it.
• Decree Changing Name (NC-130), original plus two copies beneath it.
• Documentation of Sacramento County residency. Pursuant to Sacramento
County Superior Court Local Rule 2.19, a copy of at least two of the following must
be submitted as verification of residence:
o Utility bill reflecting services to the place of residence for a period of 90 days
immediately preceding filing of the petition (electric, gas, cable, water, sewer
or garbage);
o Current residential lease/rental agreement, or property deed;
o Valid California Driver License or California State-issued ID;
o Department of Motor Vehicle registration.
In the Sacramento Superior Court, because documents are scanned into a computer, any
multiple-page original documents are left unstapled, while each copy is stapled.
STEP 4: FILING/FEES
You should take your completed packets to the civil filing window in Room 102 on the first
floor of the Courthouse at 720 Ninth Street. Name change filings are accepted only on
Wednesdays. The clerk will assign a hearing date, and provide you with stamped
(endorsed) copies of your forms.
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No filing fees will be collected at the time of filing if you are filing Fee Waiver request. You
should receive your signed Order on Court Fee Waiver (FW-030) in about five court days.
If you are not requesting your fees to be waived (or if your fee waiver is denied), your filing
fee is the current fee for filing an unlimited civil case ($435 as of 11/1/2013). Check the
current fee schedule at http://saccourt.ca.gov/indexes/fees-forms.aspx .
STEP 5: PUBLISH IN A NEWSPAPER
After filing, take an endorsed (court-stamped) Order to Show Cause for Change of Name
(NC-130) showing the date, time and department of your hearing to the newspaper that you
specified in your Petition. Each newspaper sets its own rate for publication, and its own
policy as to whether the paper files the Proof of Publication, or whether they give it to you
and require you to file it with the court yourself. If your selected newspaper requires you
to file the Proof of Publication yourself, remember to do so before your hearing date.
It is recommended that you file the Proof of Publication as soon as your Order to Show
Cause is published four times, to minimize the chance of any delay in the proceedings. The
Proof of Publication must be filed prior to the hearing date. These Name Change
documents are only accepted for filing on Wednesdays.
Most newspapers are familiar with publishing an Order to Show Cause for Change of Name
(NC-120), and will quote a flat rate for all four required weekly publications. When it is
published, the text of the Order to Show Cause will typically be printed in a narrow column in
the legal notices section of the classified ads. Please be aware that each newspaper is a
private company, and the fee to publish the Order to Show Cause is not waived by a
court fee waiver. A list of newspapers with estimated prices is at the end of this Guide.
STEP 6: SERVE THE OTHER PARENT
If the person whose name is being changed is a minor, and both parents do not sign the
Petition, it is necessary to have the non-signing parent served with a copy of the Order to
Show Cause no later than 30 days prior to the listed hearing date, and to have the Proof of
Service of Order to Show Cause (NC-121) filed at the court before the hearing date. These
Name Change documents are only accepted for filing on Wednesdays.
If the other parent lives in California, that parent must be personally served with the Order to
Show Cause. Someone over the age of 18 who is not a petitioner in the case must
personally hand a copy of the Order to Show Cause to the other parent. The person who
serves the other parent must then complete a Proof of Service of Order to Show Cause
(NC-121). The Law Library has a short, informative video about personal service at
http://www.saclaw.org/uploads/media/personal-service.htm.
If the other parent lives outside of California, that parent may be served by first class mail,
postage prepaid, with a return receipt requested. The mailing must be done by someone
over the age of 18 who is not a petitioner in the case. The person who does the mailing
to the other parent must complete a Proof of Service of Order to Show Cause (NC-121), a
copy of which is mailed along with the Order to Show Cause to the other parent. Once the
return receipt is received, it is attached to the original Proof of Service that is copied and
filed with the court.
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The original and two copies of the Proof of Service of Order to Show Cause (NC-121) must
be filed with the Court prior to the hearing. It is recommended that you file the Proof of
Service of Order to Show Cause (NC-121) as soon as service is complete to minimize the
chance of any delay in the proceedings.
If the other parent cannot be served because their location is unknown, the petitioning
parent must submit a declaration to the court, detailing all attempts made to locate the other
parent. A sample declaration is included in this packet. For tips on locating the absent
parent, see our "Finding People & Businesses" guide, available on our website at
http://www.saclaw.org/pages/finding-people.aspx.
STEP 7: CHECK THE TENTATIVE RULINGS
In Sacramento County, the court departments handling name changes use a tentative ruling
system. In these departments, the judge renders a decision the court day before the
scheduled hearing date. The tentative ruling is available by 2 p.m. the day prior to the
scheduled hearing. The tentative ruling will become the final ruling on the matter, unless
either party asks for the hearing to be held. If you would like the judge to hear oral arguments
on the matter, you must notify the other party, the other party’s attorney, and the department
clerk of your intent to appear at the hearing no later than 4 p.m. the day before the scheduled
hearing. If you do not give this notice, your hearing will be taken off the schedule. The
tentative ruling will become the final ruling of the court. California Rule of Court 3.1308.
Your tentative ruling will be located within a list of the tentative rulings for all matters that
Department is deciding for the day. You can locate your case by number or by the original
name of the person whose name is to be changed. The case will be listed as “In Re: [THE
CURRENT NAME OF THE PERSON WHOSE NAME IS TO BE CHANGED].” For further
instructions about accessing tentative rulings, see the “Tentative Ruling System” guide on
our website at http://www.saclaw.org/pages/tentative-rulings.aspx. If you are unable to
access the Internet, you may call the court to have a deputy clerk read the tentative ruling to
you. The phone number is 916-874-5242.
If the tentative ruling indicates:
•
•
•
Your change of name is granted, the Courtroom Clerk will mail you a certified copy
(with the court seal) of the Decree Changing Name (NC-130). You do not need
to appear.
Your change of name is granted upon proper proof of publication, you will need to
bring a copy of the proof of publication to the court by 9 a.m. on the scheduled
hearing date. You will not need to appear at the hearing. The court will mail you a
certified copy (with the court seal) of the Decree Changing Name (NC-130).
Your appearance is required, you must appear in court at the date and time
indicated on your Order to Show Cause.
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STEP 8: AFTER THE NAME CHANGE IS GRANTED
To amend a California birth certificate, you will need to contact the California Office of Vital
Records. You will be required to include a certified copy of the Decree Changing Name (NC130) in order to complete the process with this agency.
Visit http://www.cdph.ca.gov or call (916) 445-2684 for more information regarding the
California Office of Vital Records and any services they provide. To amend birth records
from other states, contact the jurisdiction (county/state) that issued the birth certificate to get
information about their filing procedures.
FOR HELP
The Sacramento County Public Law Library Civil Self-Help Center’s Name Change
Workshop provides assistance to Sacramento County residents in completing all of these
forms. The workshop is held every Monday at 1:30 p.m., and lasts approximately two hours.
Please arrive early, and plan your parking and child care accordingly. Children under the
age of twelve (12) are not permitted in the workshop.
If you can’t make it to the workshop, or would prefer to complete the forms on your own, you
can find instructions at the end of this guide, and from:
On the Web
Name Change Workshop Video
http://www.saclaw.org/video2/name-change.html
This video from the Civil Self-Help Center walks viewers through all the paperwork
necessary to petition the court for a name change.
California Courts Self-Help Website – Name Change
http://www.courts.ca.gov/selfhelp-namechange.htm
This website explains the name change process, and provides links to all the
required forms.
Sacramento County Superior Court – Procedure: Petition For Change of
Name/Gender
http://www.saccourt.ca.gov/civil/docs/cv-142.pdf
This guide provides detailed instructions for filing a petition for change of name in the
Sacramento County Superior Court.
At the Law Library
How to Change Your Name in California KFC 109 .L6 (Self-Help)
Electronic Access: From any computer (library or home) via the Legal Information Reference
Center. Instructions are available on our website at http://www.saclaw.org/pages/noloebooks.aspx.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING
THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
H:\public\LRG-SBS\SbSs\SBSs IN PROGRESS\Name Change\Name Change Step By Step.docx
Created 11/12 mpj; Reviewed EN 11/13
7
Enter the current name, address and phone number of the petitioner. If
changing your own name, this is you. If changing a minor’s name, this is
the parent(s). “In Pro Per” means you’re representing yourself.
Enter the county, address and
branch of the court.
“In re:” and the current name(s) of the
person(s) whose names will be changed.
Enter the number of people whose
names are being changed.
The Petitioner(s) must
date and sign the form
Enter the current name, address and phone number of the
petitioner. If changing your own name, this is you. If changing a
minor’s name, this is the parent(s). “In Pro Per” means you’re
representing yourself.
Enter the county, address and
branch of the court.
Enter petitioner’s name. If an adult’s name is being changed, this
will be the current legal name of that person. If changing a child’s
name, this is the full legal name(s) of the parent(s)/guardian(s).
Enter the current name and proposed name for each person whose
name will be changed. If changing more than four names, check the
box below and list other names on a separate sheet.
Indicate how many
children’s names are
to be changed. If none,
enter 0.
Complete question 5 ONLY if
minor(s) name(s) are being
changed. Indicate who is filing this
petition.
Indicate how many
people’s names are to
be changed. Separate
attachments are
required for each
person.
Enter full present name(s) of petitioner(s).
Number the
attachment(s).
Indicate if this attachment is for the
petitioner, or for another person. For the
person described in this attachment, provide
the requested information.
Briefly explain the reason for this name change
Check the box that best describes the relationship between
the petitioner and the person whose name will be changed.
If the person whose name will be changed is a minor, list the
names and addresses of both parents or nearest relatives. If
a parent’s address is unknown, or if the parent is deceased,
write that in the space for that parent’s address.
If over 18, complete this
Declaration in a Box.
All petitioners must sign
and date the form.
Enter the current name, address and phone number of the petitioner.
If changing your own name, this is you. If changing a minor’s name, this
is the parent(s). “In Pro Per” means you’re representing yourself.
Enter the county, address and
branch of the court.
Enter full present name(s) of petitioner(s).
Enter the current name and proposed name for each person whose name will be changed. If
changing more than five names, check the box below and list other names on a separate sheet.
The clerk will fill out this part
when you file your papers.
Enter the address of the courtroom.
Enter the name of the newspaper where you will have this Order to Show
Cause published. A list of newspapers is available at the end of this guide.
Enter the current name, address and phone number of the
petitioner. If changing your own name, this is you. If changing a
minor’s name, this is the parent(s). “In Pro Per” means you’re
representing yourself.
Enter the county, address and
branch of the court.
Enter full present name(s) of petitioner(s).
Leave questions 1 and 2 blank. The
Judge will complete these questions.
Enter the current name and proposed name for each person whose name will be changed. If
changing more than five names, check the box below and list other names on a separate sheet.
Enter the current name, address and phone number of the
petitioner. If changing your own name, this is you. If changing a
minor’s name, this is the parent(s). “In Pro Per” means you’re
representing yourself.
Enter the county, address and
branch of the court.
Enter full present name(s) of petitioner(s).
Enter the case number
Check the appropriate box.
Address of person serving the documents.
If the other parent lives in California,
documents must be served in
person. Check this box, and provide
the requested information.
If the other parent lives outside
California, documents may be served
by mail. Check this box, and provide
the requested information.
Name, date and signature of person serving documents
This form is used if
only one parent
petitions the court
to change a minor’s
name. It must be
completed by
someone over 18
who is not a party
to this case.
Enter the current name, address and phone number of the
petitioner. If changing your own name, this is you. If changing a
minor’s name, this is the parent(s). “In Pro Per” means you’re
representing yourself.
Enter the county, address and
branch of the court.
Enter full present name(s) of petitioner(s).
A consent declaration is only required if changing
the name of a minor aged 12-17. The minor must
consent to having their name changed.
Name, date and signature of the minor.
Check “Other” and write in Minor.
1
2
Name, address and telephone number
of the petitioner. In Pro Per means
you’re representing yourself.
PETER PARKER PARENT
564 OAK LANE
SACRAMENTO, CA 95814
916-555-1234
3
4
5
This Declaration is used only when a
petition to change a minor’s name is
filed by one parent, and the other
parent cannot be located.
PETER PARKER PARENT, IN PRO PER
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF SACRAMENTO
10
11
12
IN RE: _CHARLIE CHRISTOPHER
13
CHILD____
14
Name of the minor whose
name will be changed
15
16
17
)
)
)
)
)
)
)
)
)
)
Case No.:
DECLARATION OF DILIGENT SEARCH
AND REQUEST TO DISPENSE WITH
NOTICE
Petitioner’s Name
18
19
20
I, _____Peter Parker Parent_________________________, declare:
1. I am the
mother ⊠ father of a minor child currently named
Minor’s current name and birth date
21
__Charlie Christopher Child______________, born on ___May 23,
22
1997___________. 2. I am requesting the minor’s name be changed to
23
Proposed
name specified on the
_Patrick ChristopheChild____ for
the new
reason
24
Attachment to Petition for Change of Name (Form NC-110).
I request
25
26
27
that the court not require notice to the minor’s other parent as I
am unable to locate him/her.
Absent parent’s name
28
3. The minor’s other parent is: ______Patricia Pamela Parent______
- 1 DECLARATION OF DILIGENT SEARCH
1
4. Last known address for this person: 764 Riverview Drive,
2
Sacramento 95835_
3
5. Approximate date when the person named above was last known to
Absent parent’s last known address
4
5
Last date absent parent known
reside there: ___July 30, 2010__________________________________
to reside at that address
My attempts to locate the person named above include the following:
6
7
8
9
6. I contacted the following relatives of the person named above:
Name
Relationship to person named above
Address
Telephone number
Phyllis Newman, Sister, 4235 Countryside Lane, San Francisco, CA 415-555-4567
Peter Abbot, Father,
1650 Main Street, Woodland, CA
530-555-1346
10
________________________________________________________
List name,
relationship, address and phone number for all relatives
you contacted. Below, describe what you learned from these relatives.
11
12
13
_____________________________________________________________________________________________________
Results of interview and additional information received:__________
14
Neither Ms. Newman nor Mr. Abbot was able to provide me with
15
current contact information for Ms. Parent. Ms. Newman said she had
16
not spoken with Ms. Parent in several years, but thought Ms. Parent
17
may have moved to Arizona.
__________________________________
18
7.
I contacted the following friends and acquaintances of the
19
20
21
person named above:
Name
Relationship to person named above
Sharon Sanders
friend
Address
6857 28th Ave, Sacramento
Telephone number
916-555-7410_______
22
Bradley Silvers, former co-worker
732 Hobart Place, Sacramento 916-555-8025
23
Michael Dunnigan,
Pastor
1750 Trinity Way, Sacramento, 916-555-9157
24
List name, relationship, address and phone number for all friends and acquaintances
_____________________________________________________________________________________________________
25
you contacted. Below, describe what you learned from these friends.
Results of interview and additional information received: ___None
26
of these people had current contact information for Ms.
27
28
Parent. Pastor Dunnigan stated that Ms. Parent had not attended
- 2 DECLARATION OF DILIGENT SEARCH
1
church services in many months.
2
3
4
8. I contacted the following employers of the person named above:
Name and Title
Business Name
Address
telephone number
Dates of employment
5
Tom Jones, Manager, Shop Smart, 456 Howe Ave,
6
Jane Simms, owner, C&C Pharmacy, 983 Genoa Dr., 916-555-3791 11/2009-7/2010
7
_____________________________________________________________________________________________________
8
Below, describe
you learned from
these employers.
Results contacted.
of interview
and what
additional
information
received:__________
9
Ms. Parent is no longer employed by either of her last known
916-555-4987 4/2007-7/2010
List name, title, address and phone number for all employers you
10
employers. She quit both positions in July 2010, and left no
11
forwarding address or telephone number.
12
_____________________________________________________________________________________________________________
13
_____________________________________________________________________________________________________________
14
I reviewed the city telephone directories of __Sacramento and
9.
15
Elk Grove_____ and contacted directory assistance on
16
Results
17
18
19
20
21
List the city directories you consulted,
and information
the date you call 4-1-1.
Below,
additional
received:
describe what you learned from these
directories.
for Ms. Parent. __
__11/8/2012__
__No listings were found
_______________________
_____________________________________________________________________________________________________
10.
I searched the real and personal property indexes in the
Recorder’s and Assessor’s Offices of _Sacramento___________ County
Indicate which county records you
consulted, and the date you searched
__11/9/2012______________.
these public records. Below, describe
what you learned from these searches.
22
on
23
Results additional information received: __I found no properties
24
owned by Ms. Parent.______________
__________
25
_____________________________________________________________________________________________________
26
11.
27
28
I conducted an internet search using __Google and
Indicate what internet searches you
Facebook_____________________
conducted. Below, describe what
you learned from these searches.
on ___11/8/2012______________.
- 3 DECLARATION OF DILIGENT SEARCH
1
Results and additional information found: _Ms. Parent does not have
2
a Facebook account. No information about her current location was
3
found through the Google search of her name.
4
_
_______________
_____________________________________________________________________________________________________________
5
12.
6
Indicate the date you searched inmate databases.
__11/9/2012_________.
I contacted the applicable criminal justice agency on
Below, describe what you learned from these searches.
7
Results additional information received: __Ms. Parent is not
8
9
currently incarcerated in any California State Prison, or in the
10
Sacramento County jail.
_________________________
11
_____________________________________________________________________________________________________
12
13.
13
Ms. Parent has worked as a licensed Pharmacy Technician for many
14
years. I searched the State of California’s Pharmacy Technician
Other relevant information:
15
licensing database, and found that Ms. Parent’s license has been
16
Describe
any other efforts you made to locate the absent
canceled.
The State
her address
parent, or
any other information
you havelists
that shows
17 made diligent effort to find the other parent.
you’ve
18
as 764 Riverview Drive,
Sacramento 95835, an address where she no longer lives.____
______
19
Despite my diligent efforts, I have not been able to find _Patricia
20
Parent________________,
and
therefore
ask the Court permission to
Absent
parent’s
name.
21
dispense with notice to _ Patricia Parent__________.
22
I declare under penalty of perjury, under the laws of the State of
23
California, the foregoing is true and correct.
24
25
26
27
DATED: November 15, 2013
Date and signature of petitioner
Peter Parent
Peter Parent
In Pro Per
28
- 4 DECLARATION OF DILIGENT SEARCH
Sacramento County Public Law Library
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
FEE WAIVERS
Ask the Court to Waive or Lower Court Fees
Disclaimer: This guide is intended as general information only. Your case may have
factors requiring different procedures or forms. The information and instructions are
provided for use in the Sacramento County Superior Court. Please keep in mind that
each court may have different requirements. If you need further assistance, consult a
lawyer.
This packet includes:
Step-by-Step Instructions
Sample forms:
o Request to Waive Court Fees (Form FW-001)
o Order on Court Fee Waiver (Form FW-003)
BACKGROUND
Government Code §§ 68630 et. seq. permit the court to waive court fees and costs for
litigants in certain financial situations.
Your court fees may be waived if:
You are receiving public benefits such as Medi-Cal, Food Stamps, General
Assistance, Cal-Works, SSI, SSP, etc.
Your household income is at least 125% below federal poverty guidelines, as
shown on form FW-001.
The court finds that you do not have enough income to support your family AND
pay court fees.
The court may also order partial payment of court fees, or allow payments to be made
over time.
You are required to notify the court if your financial situation changes, or if you settle
your case out of court. The court may require you to pay the previously waived fees.
The forms requesting a fee waiver require you to provide detailed financial information.
This information will remain confidential.
You must sign your fee waiver request under the penalty of perjury. All answers must be
accurate and complete. The court cannot require proof of your finances when you
submit your application for a fee waiver. At a later date, though, the court may require
you to verify any statements made in your application.
Step-by-Step Instructions
Step 1: Complete the Required Forms
Request to Waive Court Fees (Form FW-001)
Order on Court Fee Waiver (Form FW-003)
Instructions for completing these forms are available at the end of this packet.
Step 2: Copying and Assembling
Make two (2) copies each of the Request to Waive Court Fees (Form FW-001), and the
Order on Court Fee Waiver (Form FW-003). The original should be left unstapled, while
the copies are stapled.
Step 3: File your Documents
Fee Waiver forms should be filed along with your other court documents. The court will
not accept your court documents without either the fees or the fee waiver forms. Fee
waiver forms will not be accepted unless accompanied by other documents.
Step 4: Wait for the Court Ruling
Within five days, the court will rule on your request. You will be notified by mail of the
court’s decision. You can also check the status of your fee waiver request online at
https://services.saccourt.ca.gov/publicdms/. If the court makes no order within five days,
your waiver is automatically granted. If your fee waiver is granted, you will be able to
proceed with your case. NOTE: You may have to pay these fees at a later date. See
Steps 8 and 9 for more information.
Step 5: If Your Request is Denied
If your request is denied, one of three things may happen:
1. If your request was denied because your papers were incomplete, you will have
10 days to either submit a revised application or pay the filing fees. The court will
indicate on Order on Court Fee Waiver (Form FW-003) what is missing from your
original request forms. Revise your forms, being sure to include what was missing.
2. If your request was denied because you are ineligible for a fee waiver, you have
10 days to either pay the filing fees or request a hearing. To request a hearing, use
Form FW-006, Request for Hearing About Court Fee Waiver. The court will schedule
a hearing and notify you of the date using Form FW-007, Notice on Hearing About
Court Fees.
3. If the court needs more information, they will set a hearing. The hearing date will
be indicated on the Order on Court Fee Waiver (Form FW-003).
If you do not either pay the fees, revise your request, or a request a hearing within 10
days, the court will cancel all of the papers you have filed in your case.
Step 6: Attend the Fee Waiver Hearing
If a hearing is scheduled on your fee waiver, be sure to bring any documents or
witnesses you have that help prove your financial condition. If this hearing was
scheduled at the court’s request, the court may have indicated what proof you need on
the Order on Court Fee Waiver (Form FW-003). Bring all documents the court
requested.
After the hearing, the court will grant or deny your fee waiver request, and provide you
with the ruling on Form FW-008, Order on Court Fee Waiver After Hearing.
Step 7: If Your Request is Denied After a Hearing
If your request is denied, or if the court orders partial or installment payments, you must
pay the required fees within ten days or the court will cancel all the papers you have
filed in your case.
Step 8: During your case
If your financial situation improves during your case, you must inform the court within
five days using Form FW-010, Notice to Court of Improved Financial Situation or
Settlement. If the court believes that your financial situation has changed, you may
receive a notice to attend a hearing to reconsider your fee waiver. The court will send
you Form FW-011, Notice to Appear for Reconsideration of Fee Waiver, to notify you of
the hearing date. In either of these situations, if the court determines that your improved
financial situation allows you to afford court fees, you will be required to pay the
previously waived fees.
Step 9: At the end of your case
If you receive a money judgment in your favor, the court may order you or the other
party to pay the previously waived fees. If you settle your case out of court for $10,000
or more, the court will require you to pay any waived fees.
FOR MORE INFORMATION
On the Web
http://courts.ca.gov/selfhelp-feewaiver.htm
http://www.saccourt.ca.gov/fees/fee-waiver.aspx
At the Law Library
California Forms of Pleading and Practice Chap. 174.
KFC 1010 .A65 C3 (Ready Reference)
Electronic Access: On the law library computers, using the Matthew Bender CD.
How to Do Your Own Divorce in California In the “Kit” section of the CD.
KFC 126 .S54 (Self Help)
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR
USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
H:\public\LRG-SBS\SBS Fee Waiver\SBS Fee Waiver.docx
mpj 03/12
Instructions for completing FW-001, page 1
A
B
C
1
Enter the address for the court handling your case.
For Civil Cases:
For Family or Probate Cases:
Superior Court, County of
Superior Court, County of
Sacramento
Sacramento
720 Ninth Street
3341 Power Inn Road
Sacramento, CA 95814
Sacramento, CA 95826
Enter your case number. Leave this blank if you do not yet have a case number.
The case name is usually the party names, such as “Jones vs. Smith.”
Enter your name and contact information.
2
Enter information about your job, if you are currently employed.
3
Enter your lawyer’s information, if you have an attorney for this case. If you do not
have any attorney, enter “in pro per.”
4
Check the box for the court where your case will be heard.
5
a. If you currently receive public assistance, check the box for each type of aid you
receive. If you check any boxes under 5a, you do not have to complete page two of
this form.
b. If you do not receive public assistance, compare your monthly family income to the
numbers listed in this question. Your monthly family income is the total amount earned
by all family members, including children. Do not count the income of roommates. If
your income is below the amounts listed on this form, check box b. You will need to
complete questions 7, 8, and 9 on the second page of this form.
c. If you do not receive aid and your income is above the amounts shown in part b, but
you still do not earn enough to allow you to support your family AND pay your court
fees, check box c. Indicate if you are asking the court to waive all or some of the court
fees, or if you would like to make payments over time. On the line labeled “Explain,”
write in how much you can pay, or what type of payment plan you would like. If you
check box 5c, complete the second page of this form.
6
If you have filed a fee waiver within the last six months, check this box. If you have a
copy of your previous fee waiver request, check the last box, and attach that copy.
Sign and date this form.
A
1
B
2
3
4
5
6
C
Instructions for completing FW-001, page 2
Enter your name
A
B
Enter your case number. Leave this blank if you do not yet have a case number.
Answer questions 7, 8, and 9 if you checked box 5b or 5c on the first page of this form.
7
8
9
C
10
11
If your income changes a lot each month, check this box. If your income is
approximately the same each month, leave this question blank.
a. Enter your monthly income before deductions. This is just YOUR income – you will
be asked about household income later.
a. 1-4. List all deductions from your paycheck here. If you have more than 4
deductions on your paycheck, group similar deductions together. For example, you
can list Federal and State income tax together as “income tax.”
b. Add together all the deductions listed in part a.
c. List your monthly take home pay (8a minus 8b)
d. List all other sources of income you have. The form gives examples of income types.
e. List your total monthly income, from all sources (8c plus 8d)
a. List the name, age, relationship, and income of all other people living in your house,
who you support or who support you. If any of these people does not have any
income, put $0.
b. Enter the total monthly income for you and the household (8e plus 9b)
If you have exceptional expenses you believe the court should consider, check this
box, and use form MC-025 to explain.
If you checked box 5b on the front of this form, you’re done.
Answer Questions 10 and 11 if you checked 5c on the first page of this form.
a. Enter the amount of cash you have. This includes the money currently in your wallet,
under your mattress, etc.
b. List the name of all accounts you have, and their current balances.
c. List all vehicles you own, including the fair market value and how much you owe.
d. List all real estate you own, including the fair market value and how much you owe.
e. List any other personal property you own, including the fair market value and how
much you owe.
a. – j. Enter the amount spent in each category
k. Enter each installment payment you make monthly. Common types of installment
payments are car payments, personal loans, credit cards, etc.
l. If any wages are withheld from your paycheck by court order, enter the amount
withheld monthly.
m. If you have any other monthly expenses, list the amounts here.
A
B
7
10
8
2185.60
9
11
C
Instructions for completing FW-003
A
Enter the address for the court handling your case.
For Civil Cases:
For Family or Probate Cases:
Superior Court, County of
Superior Court, County of
Sacramento
Sacramento
720 Ninth Street
3341 Power Inn Road
Sacramento, CA 95814
Sacramento, CA 95826
B
Enter your case number. Leave this blank if you do not yet have a case number.
C
The case name is usually the party names, such as “Jones vs. Smith.”
1
Enter your name and contact information.
2
Enter your lawyer’s information, if you have an attorney for this case. If you do not
have an attorney, enter “in pro per.”
Enter the date you will be filing your request to waive court fees. If you’re not sure
what date you will be filing these forms, leave this question blank. If the court
previously granted a fee waiver in this case, check the box and enter the date the
prior fee waiver was granted.
3
DO NOT FILL OUT ANYTHING ELSE ON THIS FORM.
The court will complete the rest of the form,
and return it to you by mail.
1
2
In pro per
A
3
B
C
NEWSPAPER
NAME
Carmichael
Times
ADDRESS
WEBSITE
PHONE
FAX
FILE DEADLINE DATE
P.O. Box 14,
Carmichael, CA 95609
www.carmichaeltimes.com
916‐773-1111
916‐773-2999
Elk Grove
Citizen
8970 Elk Grove Blvd.,
Elk Grove, CA 95624
www.egcitizen.com
916‐685-5533
209‐745-4492
Folsom
Telegraph
921 Sutter St Folsom, CA
95630
www.folsomtelegraph.com
916‐985-2581
916‐985-0720
Galt Herald
P.O. Box 307, 604 Lincoln
Way, Galt, CA 95632
www.galtheraldonline.com
209‐745-1551
209‐745-4492
Thursday 5:00 PM for
publication on following
Wednesday
Noon on Monday for
Wednesday publication.
Noon on Wednesday for
Friday publication
Thursday 12:00 PM for
the following
Wednesday
Tuesday 12:00 PM
Rio Linda
Elverta News
and Printing
6808 Front Street
Rio Linda, CA 95673
www.obri.net/rlenews
916‐991-3000
N/A
Monday 5:00 PM for
Friday publication
Sacramento
Bee
Newspaper
2100 Q Street,
Sacramento, CA 95816
Mailing: P.O. Box 151779,
Sacramento, CA 95852
530 Bercut Drive, Suite E,
Sacramento, CA 95814
www.sacbee.com
916‐321-1371
916-321-1110
Wednesday for Friday
publication
N/A
916‐445-6825
916‐443-5871
Thursday 9:00 AM for
Tuesday publication
$50.00
Yes.
901 H Street, Room 312,
Sacramento, CA 95814
530 Bercut Drive, Suite E,
Sacramento, CA 95814
N/A
N/A
Two business days prior
to publication
Two business days prior
to publication
$45.00
Yes.
N/A
916‐444-2355
X 102
916-445-6825
$50.00
Yes.
770 L Street, Suite 950,
Sacramento, CA 95814
www.sacgazette.com
916‐567-9654
888-567-1193
Tuesday 12:00 PM
$67.00
Yes.
2330 Alhambra Blvd.,
Sacramento, CA 95817
www.sacobserver.com
916‐452-4781
N/A
Wednesday 5:00 PM for
Friday publication
$75.00
Yes.
Spectrum
Newspaper
The Daily
Recorder
The
Sacramento
Bulletin
The
Sacramento
Gazette
Newspaper
The
Sacramento
Observer
916-443-5871
PUBLICATION
FEE
$35.00
$40.00
$135.00
$40.00
$40.00 1st
name, $5.00
each additional
name
$375 - $400
FILE PROOF
Yes via mail, An
unendorsed copy will
be sent to client.
No, client must pick
up their proof and
file it with the court
prior to hearing date.
Yes.
No, client must pick
up their proof and
file it with the court
prior to hearing date.
Yes via mail, An
unendorsed copy will
be sent to client.
Contact Sacramento
Bee.
PRICES QUOTED WERE AS OF SPRING 2013, CURRENT PRICES MAY BE DIFFERENT FROM THE AMOUNTS LISTED ON THIS HANDOUT.
PLEASE CALL PAPERS TO CONFIRM CURRENT PRICES