Legal Question in Administrative Law in California

I am filing a petition for a writ of administrative mandate in CA Superior Court, I am also requesting a fee waiver. My question is how do I obtain the administrative record of the agency who I am challenging and is there a way in which I can have the cost of obtaining the record waived as well? I read something about "forma pauperis" though being a Catholic has me comfortable with Latin, one need not be a genius to figure out pauperis, which is basically my circumstance. I do not have the financial means of paying for the agency's record to be produced and I �read how The League of CA Cities advises counties responding to such petitions, to make certain they charge the petitioner for the fee to produce the record.


Asked on 2/23/12, 9:35 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Requesting a fee waiver and proceeding "in forma pauperis" will work for court fees, but don't confuse the court and its rules and policies with those of the agency! You'll have to deal with the agency as a separate entity. It may allow you access to its records, and maybe you can do your own copying, but ordinarily the agency will operate under a different set of rules than the court does.

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Answered on 2/23/12, 10:26 am


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