New York Court Help

NY Fee Waiver Form (UCS-FW1): Poor Person Application Under CPLR 1101

If you cannot afford NY court filing fees, the UCS-FW1 Poor Person Application lets you ask the court to waive them. Under CPLR 1101, certain public benefit recipients may qualify — and you file it with your main filing.

Verified against official sources (nysenate.gov / nycourts.gov) — not attorney-reviewed

Quick Answer

The UCS-FW1 is the official New York "Poor Person Application" form used to request a fee waiver under CPLR 1101. When approved, the court waives filing fees and other court costs. You file it at the same time as your main filing. The form is available at nycourts.gov/forms/fee-waiver-form and was updated by Administrative Order CAJ-278-2025.

What Is the UCS-FW1 and When Do You Use It?

The UCS-FW1 is the standardized NY court form for requesting fee waivers based on financial hardship. It applies to filings in Supreme Court, Family Court, Civil Court, and other NY courts.

Eligibility under CPLR 1101:

A person who receives public benefits (such as SNAP, Medicaid, Safety Net Assistance, SSI, or other means-tested public assistance) may qualify

A person who is unable to pay the costs of the action may qualify based on indigency

The court has discretion to waive fees, grant partial waivers, or assign counsel in certain cases

PHASE NOTE: CPLR 1101(d) was amended to expand the public benefits categories. The amendment takes effect September 1, 2027. Until then, the current statutory language applies. Always verify the current version at nysenate.gov.

What it covers: filing fees, motion fees, and other court costs. Under CPLR 1102, the court may also order that the applicant be allowed to proceed without paying fees for service of process, transcripts, or other costs.

IMPORTANT: CPLR 1115 (which previously governed appeals-related fee waivers) has been REPEALED. Do not cite CPLR 1115. Fee waivers for appeals are now handled through CPLR 1101(a), which allows a poor person to proceed without paying fees in any action, including appeals.

Source: nysenate.gov / nycourts.gov, verified

How FormaPauper Helps With Your Fee Waiver

FormaPauper can help you prepare a Poor Person Application as part of your filing packet. This means:

The application is pre-formatted with your case caption and Index Number

You fill in your income and benefit information

It is packaged with the rest of your filing for simultaneous submission

You never have to find and download the form separately

FormaPauper does not determine whether you qualify — that is the court's decision. We help you prepare and package the application correctly.

For the official UCS-FW1 form, download it directly from nycourts.gov/forms/fee-waiver-form.

Step-by-Step: The Process

1

Determine if you likely qualify

Check whether you receive public benefits such as SNAP, Medicaid, Safety Net Assistance, or SSI. If so, you may qualify. If not, you may still qualify based on indigency — your inability to pay the costs of the action under CPLR 1101. Gather your benefit card, award letter, or recent pay stubs and bank statements as documentation.

2

Get your Index Number from the County Clerk

Before filing, purchase or obtain your Index Number from the County Clerk in the county where your case will be heard. Under CPLR 1101, fee-waiver relief includes the Index Number fee itself — so you can request that this fee be waived as part of your application.

3

Complete the UCS-FW1

Fill in your name, address, case caption, Index Number, the type of fee you are requesting be waived, and your income or benefit information. The form is available at nycourts.gov/forms/fee-waiver-form. Sign it under penalty of perjury affirming the financial information is accurate.

4

File with the County Clerk with a proposed order

Submit the UCS-FW1 together with a proposed order to the County Clerk at the same time you file your complaint, motion, or other filing. Do not file them separately if you can avoid it.

5

Receive the determination

Under CPLR 1102, the court reviews the application and may grant, partially grant, or deny the waiver. If denied, you may have the right to request review. If granted, the poor person order applies to the fees and costs covered by the order.

Common Mistakes to Avoid

Filing the UCS-FW1 without any supporting documentation when you do not receive public benefits — bring proof.

Leaving fields blank — incomplete applications are more likely to be denied.

Filing it after you already paid — you generally cannot retroactively waive fees you voluntarily paid.

Not including the case caption — if you already have an Index Number, include it on the form.

Citing CPLR 1115 — this section has been REPEALED. Fee waivers for appeals are handled through CPLR 1101(a).

Using an outdated version of the form — the UCS-FW1 was updated by Administrative Order CAJ-278-2025. Use the current version from nycourts.gov.

Confusing income levels — verify the current eligibility standards at nysenate.gov; they can change.

Frequently Asked Questions

Is the UCS-FW1 the same as a poor person application?

Yes. The UCS-FW1 is the official NY form for the Poor Person Application under CPLR 1101. The terms are used interchangeably.

Can I get my appeal filing fee waived?

Yes. Under CPLR 1101(a), a poor person may proceed without paying fees in any action, including appeals. File the UCS-FW1 with your Notice of Appeal. Note: CPLR 1115, which previously governed appeal fee waivers, has been REPEALED — do not cite it.

What if I am denied a fee waiver?

If the court denies your application, you may have the right to request review. Ask the clerk for the procedure at your courthouse. You can also explain your full financial picture — the court has discretion for hardship cases.

Does the fee waiver cover transcript costs?

Under CPLR 1102, the court may order that a poor person be allowed to proceed without paying for transcripts, service of process, or other costs. You may need to specifically request these as part of your application.

Do I need to reapply for each filing?

Generally yes — the waiver is specific to a particular filing or case. If you file a new case or a new major filing in the same case, you should submit the UCS-FW1 again.

Where can I get the UCS-FW1 form?

From the NY courts website at nycourts.gov/forms/fee-waiver-form, from any NY courthouse clerk's office, or prepared within your FormaPauper filing packet.

What public benefits qualify me for a fee waiver?

Under CPLR 1101, recipients of means-tested public benefits such as SNAP, Medicaid, Safety Net Assistance, and SSI may qualify. The specific categories are being expanded under an amendment to CPLR 1101(d) that takes effect September 1, 2027. Verify current categories at nysenate.gov.

What is Administrative Order CAJ-278-2025?

This is the administrative order that updated the UCS-FW1 form. Always use the current version of the form from nycourts.gov to ensure compliance with the latest requirements.

Ready to Prepare Your Filing?

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Important: Not Legal Advice

FormaPauper is not a law firm and does not provide legal advice. The information on this page is provided for general educational purposes only and applies specifically to New York courts. Nothing here creates an attorney-client relationship. Court procedures, fees, and rules change — always verify current requirements with your county courthouse or on nycourts.gov before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, particularly those involving permanent consequences, we strongly recommend consulting a licensed New York attorney. Free legal help is available through LawHelpNY.

FormaPauper· New York Pro Se Legal Assistant