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Rule 5.43 Fee waiver denials; voided actions; dismissal

Filing Fees and Fee Waivers

(a) Voided paperwork

The clerk of the court must void the papers that were filed with a petitioner's or respondent's fee waiver application if 10 days pass after notice of the fee waiver denial and petitioner or respondent has not:

(1) Paid the fees owed;

(2) Submitted a new Request to Waive Court Fees (form FW-001) if the fee waiver was denied because the first form was incomplete; or

(3) Requested a hearing using Request for Hearing About Court Fee Waiver Order (Superior Court) (form FW-006).

(b) Effect of voided petition or complaint; dismissal or continuation of case

(1) No response or notice of appearance filed

(2) Response or notice of appearance filed; case continuation or dismissal

(A) Review the response, or documents constituting respondent's appearance, to determine whether or how the case will proceed based on the relief requested;

(B) Notify the parties of the court's determination; and

(C) Refund filing fees paid by the respondent if the court dismisses the case.

Rule 5.43 adopted effective January 1, 2013.