PIMA COUNTY CONSOLIDATED JUSTICE COURT 115 N. CHURCH AVENUE, TUCSON, 85701-1130 (520)740-3171/TDY#(520)740-3019 POLICY AND PROCEDURES APPLICATIONS FOR DEFERRALS OR WAIVERS OF COURT FEES AND COSTS INTRODUCTION: This policy establishes procedures regarding deferral or waiver of court fees and costs (hereafter referred to as “fees”), pursuant to A.R.S. § 12-302. State law defines ‘deferral’ as the postponement of an obligation to pay fees or the establishment of a schedule for payment of fees. Upon proof that the applicant is permanently unable to pay, the court shall waive any unpaid fees. Fees that are waived do not have to be paid unless the applicant’s financial circumstances have changed during the pendency of the action. The court may grant a deferral or waiver of the fees listed in Section I at any time. If a postponement of an obligation to pay fees has been granted, a further deferral or waiver may be requested at the conclusion of the case. I. FEES ELIGIBLE FOR DEFERRAL OR WAIVER: The following court fees may be deferred or waived: A. B. C. D. E. F. G. H. Filing fees. Fees for issuance of either a summons or subpoena. Fees for obtaining one certified copy of a temporary order in a domestic relations case. Fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings. Court reporter’s fees for the preparation of court transcripts if the court reporter is employed by the court. Appeal preparation and filing fees at all levels of appeal and photocopy fees for the preparation of the record on appeal. Sheriff, marshal, constable and law enforcement fees for service of process if any of the following applies: 1. The applicant has attempted without success to obtain voluntary acceptance of service of process. 2. The applicant’s attempt to obtain voluntary acceptance of service of process would be futile or dangerous. 3. 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. Fees 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. NOTE: If the applicant meets the financial criteria for deferral, orders for deferral may include all fees enumerated in the above section and at a minimum must include items A through D listed above. Additional applications may be required for deferral of items E through H, if not deferred at the time of the initial application. II. FEES ELIGIBLE FOR EXEMPTION: Fees for attending the Domestic Relations Education on Children’s Issues Program (Parent Information Program Class or Parent Education Program “PEP”) pursuant to A.R.S. § 25-355 may be exempted if the applicant demonstrates indigence by any of the criteria prescribed in A.R.S. § 12-302, and outlined in Section IV.B of these procedures. American LegalNet, Inc. www.FormsWorkFlow.com III. APPLICATIONS: Written applications must be in the form adopted by the Arizona Supreme Court and submitted to the court. Applications not completed shall be denied. In a limited jurisdiction court, application may be made and evidence of eligibility may be offered by verbal avowal in open court. In accordance with state law, the applicant must sign a consent to entry of judgment to receive a deferral, pursuant to Section VIII below. A written order shall be issued on every application or supplemental application made. IV. REQUIREMENTS FOR DEFERRAL: A. Deferral means either postponement of the obligation to pay fees or the establishment of a schedule for payment of fees. A deferral shall be granted if the applicant meets the financial criteria set forth in Section IV.B. A deferral of fees may be granted for applicants who do not meet these financial criteria, but who demonstrate other good cause for deferral. B. The court shall grant an application for deferral of court fees if the applicant establishes by affidavit, including supporting documentation, that: 1. The applicant is receiving benefits under the Temporary Assistance for Needy Families Program (TANF), the Food Stamp Program, Arizona’s General Assistance Program (GA) or the Supplemental Security Income Program (SSI). 2. The applicant 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 determining whether income is insufficient, the court may consider the following as evidence: a. The applicant has a gross income that as computed on a monthly basis is 150% 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 if available to the applicant. 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 150% of the current poverty level established by the United States Department of Health and Human Services. NOTE: Assets listed on the financial questionnaire, other than cash, shall be considered only as a basis for possible further inquiry regarding an applicant’s income and not as the sole determinant for denial of deferral or waiver. In determining whether cash assets could be budgeted for the required fees, the income, expenses, and family circumstances of the applicant first must be considered. V. REQUIREMENTS FOR WAIVER: Waiver means that the applicant does not need to pay the fees unless the applicant’s financial circumstances have changed during the pendency of the action. A waiver shall be granted upon proof that the applicant is permanently unable to pay. Pursuant to A.R.S. § 12302(D), “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 are unlikely to change in the foreseeable future. VI. FEES FOR SERVICE: If the applicant requests a deferral or waiver of fees for service by a sheriff, marshal, or constable or by law enforcement, the applicant must establish by affidavit: 1) the applicant attempted without success to obtain voluntary acceptance of service; 2) the applicant’s attempt to serve the party would be futile or dangerous; or, 3) 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. If a deferral or waiver of fees for service by publication is sought and such service is required by law, the applicant must establish by affidavit the specific facts to show that the applicant has exercised due diligence in attempting to locate the party to be served and has been unable to do so. American LegalNet, Inc. www.FormsWorkFlow.com VII. REVIEW OF THE DECISION REGARDING A DEFERRAL OR WAIVER BEFORE THE END OF A CASE: If the application for deferral or waiver is denied by a special commissioner, the applicant may request the decision be reviewed by a judge. The request must be made within twenty (20) days of the day the order was mailed or delivered to the applicant. If a schedule of payments has been established, payments shall be suspended until a decision is made after the review. The review shall be held as soon as reasonably possible. NOTE: Before the applicant requests that a judge review the application, the applicant shall ask the special commissioner to reconsider the denial. VIII. CONSENT TO ENTRY OF JUDGMENT: 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 entry of judgment. By signing the consent to entry of judgment, the applicant consents to judgment being entered against the applicant for all deferred fees that remain unpaid after thirty (30) calendar days following the entry of final judgment, order or decree. IX. NOTICE OF POSTPONED COURT FEES DUE: If the applicant was granted a postponement of the obligation to pay fees, the court shall provide a notice to the applicant as soon as practicable after entry of final judgment, order or decree by the trial court or if an appeal is taken when a mandate is issued by the appellate court. The notice shall advise the applicant that unless postponed fees are paid or a supplemental application is filed in accordance with Section XIII, judgment by consent will be entered. The notice shall also state the total amount of postponed fees due the court and the actual date that the balance is due. Payment is due thirty (30) days after the notice is mailed or delivered. In the event the applicant does not agree with the total balance of fees due the court, the applicant may request an itemized statement at no cost to the applicant. If after reviewing the itemized statement, the applicant continues to disagree with the amount due the court, the applicant may request a hearing. X. SUPPLEMENTAL APPLICATIONS AT THE CONCLUSION OF THE CASE: At the conclusion of a case, an applicant may submit a supplemental application for either further deferral or waiver of court fees. Written supplemental applications must be in the form adopted by the Arizona Supreme Court and submitted to the court. Applications not completed shall be denied. In a limited jurisdiction court, application may be made and evidence of eligibility may be offered by verbal avowal in open court. If further deferral is granted, the court shall establish a payment schedule. If further deferral is denied, consent judgment may be entered unless circumstances in Section XIII apply. XI. REQUIREMENTS FOR WAIVER AT THE CONCLUSION OF A CASE: To qualify for a waiver at the conclusion of a case, a supplemental application must be submitted. Only previously postponed fees that remain unpaid in the case may be waived. If the applicant does not qualify for a waiver when the supplemental application is made, the court may grant a further deferral for good cause shown. If further deferral is granted, the court shall establish a payment schedule. XII. REVIEW OF THE DECISION REGARDING A SUPPLEMENTAL APPLICATION; COLLECTION PROCEDURES: If the supplemental application is denied, or granted and a payment schedule set, the applicant may request a hearing (A.R.S. § 12-302(F)(4)). The request must be made within twenty (20) days of the denial. No action for non-payment of fees shall be taken until the hearing is held. XIII. CONSENT JUDGMENT: Unless any one of the following applies, a consent judgment may be entered against the applicant for all deferred fees that remain unpaid thirty (30) days following the entry of final judgment: A. B. The applicant has an established schedule of payments in effect and is current with payments; Pursuant to Sections X and XI above, a supplemental application for waiver or further deferral has been filed and is pending; American LegalNet, Inc. www.FormsWorkFlow.com C. D. In response to a supplemental application, the court orders that the fees be waived or further deferred; or Within twenty (20) days of the date the court denies the supplemental application, the applicant either: 1. Pays the fees; or, 2. 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 the 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. If an appeal is taken, a consent judgment for deferred fees that remain unpaid in the lower court shall not be entered until thirty (30) days after the appeals process is concluded. The procedures for notice in Section IX above and for entry of a consent judgment in this section apply. If a consent judgment is recorded and the applicant pays the fees in full, the court is required to comply with the provisions of A.R.S. § 33-964(C), which requires the court to immediately record satisfaction of judgment with the appropriate county recorder. XIV. JUDGMENTS REGARDING TAXABLE COSTS: If a judgment is rendered for court fees, deferred court fees that remain unpaid and any expenses paid by the county shall be included in the judgment and shall be paid to the clerk of the court by the party against whom the court fees were assessed. XV. CHANGE IN FINANCIAL CONDITION: An applicant who is granted a deferral or waiver, or any party to the action who knows of any change in the applicant’s financial circumstances, shall promptly notify the court of the change in financial circumstances during the pendency of the case that would affect the applicant’s ability to pay court fees. If, within ten (10) days after notice and a hearing, the court determines the applicant’s financial circumstances have changed and that the applicant no longer meets the financial criteria in Section IV.B, the court shall order the applicant to pay the deferred or waived fees. For good cause shown, the court may establish a payment schedule. After a deferral or waiver has been granted, the court may inquire as to the applicant’s financial circumstances whenever the applicant appears in court in the case. XVI. JUDICIAL DISCRETION: Pursuant to A.R.S. § 12-302(L), the court has discretion to defer, waive, or order the county to pay any fees as may be necessary and appropriate. Examples of other necessary and appropriate fees may include: multiple subpoenas or summonses, local law enforcement service of process fees, costs of a bond on appeal, and certified copy of child support history. XVII. CASES FILED BY INMATES: For inmates incarcerated in Arizona Department of Corrections (ADOC) facilities, A.R.S. § 12-302(E) applies. Except in cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support*, these inmates are responsible for the full payment of court fees and may not have fees deferred or waived. On filing a civil action or proceeding, the clerk of the court shall assess and, when monies exist, collect as a partial payment of any court fees required by law a first time payment of twenty percent (20%). Thereafter, ADOC withholds monies from the inmate’s spendable account until the fees are paid in full. For convicted felons awaiting transportation to ADOC facilities or incarcerated out of state, A.R.S. § 12302(K) applies. These felons are subject to the same prohibition on fee waivers as ADOC inmates, but are eligible to apply for deferrals. * Note: In cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support, inmates may use the application process detailed in this document. XVIII. CASES PROHIBITED FOR DEFERRALS OR WAIVERS: Waivers shall not be granted for matters that are filed as class actions pursuant to Rule 23 of the Arizona Rules of Civil Procedure and for civil actions filed by certain convicted felons as outlined in Section XVII. American LegalNet, Inc. www.FormsWorkFlow.com XIX. NON-PAYMENT OF COURT FEES: The court shall not withhold entry of final judgment for nonpayment of deferred court fees. XX. DEFERRALS OR WAIVERS FOR CASES ON APPEAL: If a case is appealed, the 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 that court’s fees. XXI. AVAILABILITY OF FORMS: Each court shall have available at no cost the forms adopted by the Arizona Supreme Court and adapted for use in that court. JP05A (01-18-07)/ecarino/mtilton AOC 2001procedureb.wpd Revised 8/9/01 American LegalNet, Inc. www.FormsWorkFlow.com PIMA COUNTY CONSOLIDATED JUSTICE COURT 115 N. CHURCH AVENUE, TUCSON, 85701-1130 (520)740-3171/TDY#(520)740-3019 Case Number:_________________________ Name of Petitioner/Plaintiff APPLICATION FOR DEFERRAL OR WAIVER OF COURT FEES AND COSTS AND CONSENT TO ENTRY OF JUDGMENT Name of Respondent/Defendant IMPORTANT This Application for Deferral of Court Fees and Costs includes a Consent to Entry of Judgment. By signing this Consent, you agree a judgment may be entered against you for all fees and costs that are deferred but remain unpaid thirty (30) calendar days after entry of final judgment. At the conclusion of the case you will receive a Notice of Court Fees and Costs Due indicating how much is owed and what steps you must take to avoid a judgment against you if you are still unable to pay. Additional details about this process are discussed in the Consent to Entry of Judgment Section of this Application. STATE OF ARIZONA ) COUNTY OF ) ss STATEMENTS MADE TO THE COURT UNDER OATH. I swear or affirm that the information in this application is true and correct. I make this statement under the penalty of prosecution for perjury if it is determined that I did not tell the truth. I am requesting a deferral or waiver of the following fees and costs in my case: Any or all of the following: All filing fees; fees for the issuance of either a summons and subpoena; or fees for obtaining one certified copy of a temporary order in a domestic relations case or a final order, judgment or decree in all civil proceedings. Fees for service of process by a sheriff, marshal, constable or law enforcement (fill out separate affidavit form). Fees for service by publication (fill out separate affidavit form). Filing fees and photocopy fees for the preparation of the record on appeal. Court reporter’s fees of reporters or transcribers employed by the court for the preparation of the transcript. The basis for the request is: 1. WAIVER: I am permanently unable to pay. My income and liquid assets are insufficient or barely sufficient to meet the daily essentials of life and unlikely to change in the foreseeable future. American LegalNet, Inc. www.FormsWorkFlow.com 2. DEFERRAL: a. I receive governmental assistance from the state/federal program(s) checked below: Temporary Assistance for Needy Families (TANF) Food Stamps Supplemental Security Income (SSI) for disabilities General Assistance (GA) If you checked either boxes 1 or 2a., you must complete the Financial Questionnaire. You must sign this application in front of the court clerk or a notary public, if submitted by mail or a third party. You must also submit proof that you receive governmental assistance. If you are submitting this application by mail or a third party, you must attach a photocopy of that proof. OR b. My income is insufficient or is barely sufficient to meet the daily essentials of life, and includes no allotment that could be budgeted for the fees and costs that are required to gain access to the court. NOTE: To determine whether income is insufficient or barely sufficient, the court will review your income and expenses. Among the factors the court may consider are: 1. Whether your gross income as computed on a monthly basis is 150% or less of the current federal poverty level. Gross monthly income includes your share of community property income if available to you. 2. Although your income is greater than 150% of the poverty level, you have proof of extraordinary expenses (including medical expenses and costs of care for elderly or disabled family members) or other expenses that the court finds are extraordinary that reduce your gross monthly income to at or below 150% of the poverty level. OR c. I do not have the money to pay the court fees and costs now. I can pay the fees and costs at a later date. Explain. If you checked either boxes 2b. or 2c., you must complete the Financial Questionnaire. You must sign this application in front of the court clerk or a notary public, if submitted by mail or a third party. FINANCIAL QUESTIONNAIRE SUPPORT RESPONSIBILITIES: List all persons you support (including paying child support and spousal maintenance): NAME RELATIONSHIP _______________________________________________ _______________________________________________ _______________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com STATEMENT OF INCOME AND EXPENSES ASSISTANCE: I receive assistance from: Arizona Health Care Cost Containment System (AHCCCS) Arizona Long Term Care System (ALTCS) Other (explain): MONTHLY INCOME: My monthly income is: $__________________ Monthly gross income: $__________________ Employer name: _______________________________________________________ Employer address: _____________________________________________________ Employed since (month/year): ____________________________________________ Other current monthly income, including spousal maintenance, retirement, rental, interest, pensions, dividends, scholarships, grants, royalties, lottery winnings (explain amount and source): $ My spouse’s monthly gross income (if available to me): $____________________________ TOTAL MONTHLY INCOME: $____________________ MONTHLY EXPENSES AND DEBTS: My monthly expenses and debts are: PAYMENT AMOUNT LOAN BALANCE Rent/Mortgage payment $ $______________ Car payment $ $ Credit card payments $ $______________ Other payments & debts $ $______________ Explain: Food/Household supplies $ Utilities/Telephone $ Clothing $ Medical/Dental/Drugs $ Health insurance $ Nursing care $ Laundry $ Child support $ Child care $ Spousal maintenance $ Car insurance $ Gasoline/Bus fare $ Contributions to employer or other retirement account $ TOTAL MONTHLY PAYMENTS$________________ STATEMENT OF ASSETS: List only those assets available to you and accessible without financial penalty. Equity is defined as market value minus any liens or loans. ESTIMATED VALUE Cash and bank accounts $ Credit union accounts $_________________ Equity in: 1. Home $_________________ 2. Other property $ 3. Cars/other vehicles $ Other, including stocks, bonds, etc. $_________________ Retirement accounts $_________________ TOTAL ASSETS: $_________________ American LegalNet, Inc. www.FormsWorkFlow.com EXTRAORDINARY EXPENSES: For example, unusual medical needs, financial hardship, costs of care of elderly or disabled family members. (Proof must be submitted.) DESCRIPTION AMOUNT $_______________________________ $_______________________________ $_______________________________ TOTAL EXTRAORDINARY EXPENSES $________________________ NOTE: If you receive a deferral and have unpaid fees at the end of your case you will receive a Notice of Court Fees and Costs Due. This is to remind you that you may submit a supplemental application for further deferral or waiver if you believe you need more time to pay or cannot afford to pay your court fees and costs. The court will decide at that time whether or not you must pay. If you do not file a supplemental application, the original deferral order remains in effect and a consent judgment may be entered against you if you do not pay within thirty (30) calendar days after entry of final judgment. If your case is dismissed for any reason, the fees and costs are still due. CONSENT TO ENTRY OF JUDGMENT: By signing this Application, I agree a judgment may be entered against me for all fees and costs that are deferred but remain unpaid thirty (30) calendar days after entry of final judgment. Judgment may be entered against me unless any one of the following applies: A. B. C. D. E. Fees and costs are taxed to another party; I have an established schedule of payments in effect and I am current with those payments; I file a supplemental application for waiver or further deferral of fees and costs and a decision by the court is pending; In response to a supplemental application, the court orders that the fees and costs be waived or further deferred; or Within twenty days of the date the court denies the supplemental application, I either: 1. Pay the fees and costs; or, 2. Request a hearing on the court’s order denying further deferral or waiver. If I request a hearing, the court cannot enter the 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. If you appeal the final decision in your case, a consent judgment for deferred fees and costs that remain unpaid in the lower court shall not be entered until after the appeals process is concluded. ACKNOWLEDGMENT AND SIGNATURE UNDER OATH Today’s Date: Signature: ____________________________________________ Print Your Name:_______________________________________ SUBSCRIBED AND SWORN or affirmed and acknowledged before me on (date)________________________ by My Commission expires: . Judicial Officer, Clerk or Notary Public JP05A (01-18-07)/ecarino/mtilton AOC 2001appli.wpd Revised 4/25/11 American LegalNet, Inc. www.FormsWorkFlow.com PIMA COUNTY CONSOLIDATED JUSTICE COURT 115 N. CHURCH AVENUE, TUCSON, 85701-1130 (520)740-3171/TDY#(520)740-3019 Case Number:__________________________________ Name of Petitioner/Plaintiff ORDER REGARDING DEFERRAL OR WAIVER OF COURT FEES AND COSTS AND NOTICE REGARDING CONSENT JUDGMENT Name of Respondent/Defendant THE COURT FINDS that the applicant (print name): 1. 2. : IS NOT ELIGIBLE FOR A DEFERRAL of fees and costs. OR IS ELIGIBLE FOR A DEFERRAL of fees and costs based on financial eligibility. As required by state law, the applicant has signed a consent to entry of judgment. 3. 4. OR IS ELIGIBLE FOR DEFERRAL of fees and costs at the court’s discretion (A.R.S. § 12-302(L)). OR IS ELIGIBLE FOR DEFERRAL of fees and costs based on good cause shown. As required by state law, the applicant has signed a consent to entry of judgment. OR 5. IS ELIGIBLE FOR WAIVER of fees and costs because the applicant is permanently unable to pay. 6. 7. OR IS ELIGIBLE FOR WAIVER of fees and costs at the court’s discretion (A.R.S. § 12-302(L)). OR IS NOT ELIGIBLE FOR WAIVER of fees and costs. IT IS ORDERED: DEFERRAL DENIED for the following reason(s): The application is incomplete because _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ You are encouraged to submit a complete application. American LegalNet, Inc. www.FormsWorkFlow.com The applicant does not meet the financial criteria for deferral because _______________________________________________________________________________ _________________________________________________________________ A deferral MUST BE granted if the applicant is receiving public assistance benefits or 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 to pay the fees and costs necessary to gain access to the court or if the applicant demonstrates other good cause. DEFERRAL GRANTED for the following fees and costs in this court: Any or all filing fees; fees for the issuance of either a summons and subpoena; or fees for obtaining one certified copy of a temporary order in a domestic relations case or a final order, judgment or decree in all civil proceedings. Fees for service of process by a sheriff, marshal, constable or law enforcement agency. Fees for service by publication. Filing fees and photocopy fees for the preparation of the record on appeal. Court reporter or transcriber fees if employed by the court for the preparation of the transcript. IF A DEFERRAL IS GRANTED, PLEASE CHECK ONE OF THE FOLLOWING BOXES: NO PAYMENTS WILL BE DUE UNTIL FURTHER NOTICE. SCHEDULE OF PAYMENTS. The applicant shall pay $ full, beginning each (week, month etc.) until paid in WAIVER DENIED for all fees and costs in this case. WAIVER GRANTED for all fees and costs in this case that may be waived under A.R.S. §12-302(H). Any or all filing fees; fees for the issuance of either a summons and subpoena; or fees for obtaining one certified copy of a temporary order in a domestic relations case or a final order, judgment or decree in all civil proceedings. Fees for service of process by a sheriff, marshal, constable or law enforcement agency. Fees for service by publication. Filing fees and photocopy fees for the preparation of the record on appeal. Court reporter or transcriber fees if employed by the court for the preparation of the transcript. RIGHT TO JUDICIAL REVIEW. If the application is denied or a payment schedule set by a special commissioner, you may request the decision be reviewed by a judicial officer. The request must be made within twenty (20) days of the day the order was mailed or delivered to you. If a schedule of payments has been established, payments shall be suspended until a decision is made after judicial review. Judicial review shall be held as soon as reasonably possible. American LegalNet, Inc. www.FormsWorkFlow.com NOTICE REGARDING CONSENT JUDGMENT: Unless any one of the following applies, a consent judgment may be entered against the applicant for all fees and costs that are deferred and remain unpaid thirty (30) days after entry of final judgment: A. B. C. D. E. Fees and costs are taxed to another party; The applicant has an established schedule of payments in effect and is current with those payments; The applicant filed a supplemental application for waiver or further deferral of fees and costs and a decision by the court is pending; In response to a supplemental application, the court orders that the fees and costs be waived or further deferred; or Within twenty days of the date the court denies the supplemental application, the applicant either: 1. Pays the fees and costs; or, 2. Requests a hearing on the court’s order denying further deferral or waiver. If the applicant requests a hearing, the court cannot enter the 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. If an appeal is taken, a consent judgment for deferred fees and costs that remain unpaid in the lower court shall not be entered until thirty (30) days after the appeals process is concluded. The procedures for notice of court fees and costs and for entry of a consent judgment continue to apply. If a consent judgment is signed and the applicant pays the fees and costs in full, the court is required to comply with the provisions of A.R.S. § 33-964(C). DUTY TO REPORT CHANGE IN FINANCIAL CIRCUMSTANCES. An applicant who is granted a deferral or waiver shall promptly notify the court of any change in financial circumstances during the pendency of the case that would affect the applicant’s ability to pay court fees and costs. Any time the applicant appears before the court on this case, the court may inquire as to the applicant’s financial circumstances. DATED: ______________________________________ Judicial Officer Special Commissioner JP05A (01-18-07)/ecarino/mtilton AOC 2001order.wpd Revised 4/25/11 American LegalNet, Inc. www.FormsWorkFlow.com