12-302

12-302. Extension of time for payment of fees
and costs; relief from default for nonpayment; deferral or waiver
of court fees and costs; definitions

A. The court or any judge may for good cause shown extend the time for paying any
court fees and costs required by law or may relieve against a default caused by
nonpayment of a fee within the time provided by law, but no fees paid shall be refunded.

B. The supreme court shall adopt forms and procedures for deferral or waiver of
court fees and costs.

C. Except as provided in subsection E of this section, the court shall grant an
application for deferral of court fees and costs if the applicant establishes by
affidavit, including supporting documentation, that the applicant either:

1. Is receiving benefits pursuant to one or more of the following programs:

(a) The temporary assistance for needy families program established by section 403
of title 4 of the social security act as it exists after August 21, 1996.

(b) The food stamp program (7 United States Code sections 2011 through 2029).

2. Is receiving benefits pursuant to the supplemental security income program (42
United States Code sections 1381 through 1385).

3. Has an income that is insufficient or barely sufficient to meet the daily
essentials of life and that includes no allotment that could be budgeted for the fees and
costs that are required to gain access to the court. In considering insufficient income
pursuant to this paragraph, the court may consider the following as evidence of
insufficient income:

(a) The applicant has a gross income that as computed on a monthly basis is one
hundred fifty per cent or less of the current poverty level established by the United
States department of health and human services. Gross monthly income includes the
applicant's share of community property income.

(b) The applicant's income is considered to be sufficient, but the applicant
provides proof of extraordinary expenses, including medical expenses, costs of care for
elderly or disabled family members or other expenses that are deemed extraordinary, that
reduce the applicant's gross monthly income to at or below one hundred fifty per cent of
the current poverty level established by the United States department of health and human
services.

D. On proof that the applicant is permanently unable to pay fees or costs, the
court shall waive them. For the purposes of this subsection, "permanently unable to pay"
means the applicant's income and liquid assets are insufficient or barely sufficient to
meet the daily essentials of life and the income and liquid assets are unlikely to change
in the foreseeable future.

E. Except in cases of dissolution of marriage, legal separation, annulment or
establishment, enforcement or modification of child support, and notwithstanding
subsection A of this section or chapter 9, article 4 of this title, if the applicant is
an inmate who is confined to a correctional facility operated by the state department of
corrections and who initiates a civil action or proceeding, the inmate is responsible for
the full payment of actual court fees and costs. On filing the civil action or
proceeding, the clerk of the court shall assess and, when monies exist, collect as a
partial payment of any court fees and costs required by law a first time payment of
twenty per cent. Thereafter the state department of corrections shall withhold twenty
per cent of all deposits into the prisoner's spendable account administered by the
department until the actual court fees and costs are collected in full. The state
department of corrections shall annually forward any monies withheld to the clerk of the
court of each court of jurisdiction before January 31. If a prisoner is released before
the full fees and costs are collected, the state department of corrections shall forward
the amount of fees and costs collected through the date of the prisoner's release. The
clerk of the court of each court of jurisdiction is responsible for sending the state
department of corrections a copy of the order mandating the amount of fees and costs to
be paid. This subsection does not prohibit an applicant from filing a civil action or
proceeding if the applicant is unable to pay the filing fees.

F. At the time an applicant signs and submits the application for deferral to the
court, the applicant shall acknowledge under oath and sign a consent to judgment. By
signing the consent to judgment, the applicant consents to judgment being entered against
the applicant for all fees and costs that are deferred but that remain unpaid after
thirty calendar days following the entry of final judgment or order. A consent judgment
may be entered against the applicant unless one of the following applies:

1. The applicant has an established schedule of payment in effect and is current
with payments.

2. A supplemental application for further deferral or waiver has been filed and is
pending.

3. In response to a supplemental application, the court orders that the fees and
costs be further deferred or waived.

4. Within twenty days of the date the court denies the supplemental application,
the applicant either pays the fees or requests a hearing on the court's final order
denying further deferral or waiver. If the applicant requests a hearing, the court shall
not enter a consent judgment unless a hearing is held, further deferral or waiver is
denied and payment has not been made within the time prescribed by the court.

G. An applicant who is granted a deferral or waiver or a party to the action who
knows of any change in the financial circumstances of the applicant shall promptly notify
the court of the change in the applicant's financial circumstances during the pendency of
the action that affects the applicant's ability to pay court fees and costs. If within
ten days after notice and a hearing the court determines that the applicant's financial
circumstances have changed and that the applicant no longer meets the eligibility
requirements of this section, the court shall order the applicant to pay the deferred or
waived fees and costs.

H. The following court fees and costs may be deferred or waived, except that the
county shall pay the fees and costs in paragraphs 6 and 7 of this subsection on the
granting of an application for deferral or waiver and an applicant who has been granted a
deferral shall reimburse the county for the fees and costs in paragraphs 6 and 7 of this
subsection:

1. Filing fees.

2. Fees for issuance of either a summons or subpoena.

3. Fees for obtaining one certified copy of a temporary order in a domestic
relations case.

4. Fees for obtaining one certified copy of a final order, judgment or decree in
all civil proceedings.

5. Sheriff, marshal, constable and law enforcement fees for service of process if
any of the following applies:

(a) The applicant established by affidavit that the applicant has attempted without
success to obtain voluntary acceptance of service of process.

(b) The applicant's attempt to obtain voluntary acceptance of service of process
would be futile or dangerous.

(c) An order of protection or an injunction against harassment in favor of the
applicant and against the party sought to be served exists and is enforceable.

6. The fee for service by publication if service is required by law and if the
applicant establishes by affidavit specific facts to show that the applicant has
exercised due diligence in attempting to locate the person to be served and has been
unable to do so.

7. Court reporter's fees for the preparation of court transcripts if the court
reporter is employed by the court.

8. Appeal preparation and filing fees at all levels of appeal and photocopy fees
for the preparation of the record on appeal pursuant to sections 12-119.01, 12-120.31 and
12-2107 and section 12-284, subsection A.

I. If the case is appealed, the initial deferral or waiver remains in effect unless
there is a change in the applicant's financial circumstances. If a case is appealed an
applicant may be required to submit to the appellate court a new application for a
deferral or waiver of the court fees and costs.

J. If a judgment is rendered for court fees and costs, the court fees and costs
deferred but unpaid and the expenses paid by the county under this section shall be
included in the judgment and shall be paid directly to the clerk of the court by the
party against whom the court fees and costs were assessed.

K. A waiver of court fees or costs shall not be granted for:

1. Matters that are filed as class actions pursuant to rule 23 of the Arizona rules
of civil procedure.

2. Civil actions other than cases of dissolution of marriage, legal separation,
annulment or establishment, enforcement or modification of child support that are filed
by persons who at the time of filing the application are incarcerated as a result of a
felony conviction in an out-of-state correctional facility or in a jail waiting to be
transported to a state department of corrections facility.

L. This section does not limit the court's discretion in deferring, waiving or
ordering the county to pay any fees and costs as may be necessary and appropriate.

M. For the purposes of this section:

1. "Deferral" means either postponement of an obligation to pay fees or
establishment of a schedule for payment of fees.

2. "Further deferral" means the establishment of a schedule for payment of fees.