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Application to Waive / Defer Filing Fee

How to Waive / Defer a Filing Fee

The following forms have been designed to assist you in completing the Application to Waive or Defer the Filing Fee in your case. You are advised to review the Oregon Revised Statutes (ORS) for additional information regarding fees.


Applications to Waive / Defer Filing Fee

Court of Appeals Application

Supreme Court Application 

Frequently Asked Questions (FAQs)

​No. Do not send in the filing fee if you are filing an Application and Declaration for Waiver or Deferral of Fees. Wait until the court makes a decision on the application. If the court denies your application, you will be given 14 days to pay the fee in full. If the court defers your filing fee, you will be set up on a payment plan a​nd most likely be required to pay at least $25.00 per month until the fees are paid in full or the case is decided, whichever happens first.

​If your filing fee is waived, you do not have to pay the $373.00 filing fee at all. You are also not required to pay the $50.00 motion fees for any applicable motions you file in your case.​

​If your filing fee is deferred, you do not have to pay the $373.00 filing fee or the $50.00 motion fees for any applicable motions you file in your case all at once. The court will automatically put you on a payment plan where you will most likely be required to pay at least $25.00 per month until the fees are paid in full or the case is decided, whichever happens first. All fees, including the $373.00 filing fee and the $50.00 fee for any motions you may have filed, must be paid in full before the court issues the appellate judgment in your case. The court will enter a judgment against you for the unpaid amount of the fees that are deferred, and the judgment will be enforced regardless of the outcome of the case. If you fail to pay the fees in full, the total amount of unpaid fees will be referred for collection.​

​If your filing fee has been waived, you do not have to pay any motion fees. If your filing fee has been deferred, the $50.00 motion fees for any applicable motions you file do not have to be paid all at once. Those fees will be added to your existing payment plan. All fees must be paid in full before the court issues the appellate judgment in your case. The court will enter a judgment against you for the unpaid amount of the fees that are deferred, and the judgment will be enforced regardless of the outcome of the case. If you fail to pay the fees in full, the total amount of unpaid fees will be referred for collection.​

​No. The filing fee is still due even if your case is dismissed. You must pay the filing fee regardless of the outcome of the case or the Application and Declaration for Waiver or Deferral of Fees.​

​No. You must file the Application and Declaration for Waiver or Deferral of Fees at the same time as your notice of appeal, petition for judicial review, or other initiating document.​

​If you filled out section 2 of the form stating that you do receive public assistance, you will need to provide proof from the agency that you are receiving assistance. If you are not receiving public assistance you do not need to submit any other documentation with the Application and Declaration for Waiver or Deferral of Fees.​

​No. You must complete an Application and Declaration for Waiver or Deferral of Fees for each case you have.​


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