C. Except as provided in subsection E of this section, the court shall grant an application for deferral of court fees and costs if the applicant establishes by affidavit, including supporting documentation, that the applicant either:

1. 1. Is receiving benefits pursuant to one or more of the following programs:

   1. (a) The temporary assistance for needy families program established by section 403 of title 4 of the social security act as it exists after August 21, 1996.
   2. (b) The food stamp program (7 United States Code sections 2011 through 2029).
2. 2. Is receiving benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).

3. 3. 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 considering insufficient income pursuant to this paragraph, the court may consider the following as evidence of insufficient income:

   1. (a) The applicant has a gross income that as computed on a monthly basis is one hundred fifty percent 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.
   2. (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 family members or family members with disabilities or other expenses that are deemed extraordinary, that reduce the applicant's gross monthly income to at or below one hundred fifty percent of the current poverty level established by the United States department of health and human services.

F. 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 judgment. By signing the consent to judgment, the applicant consents to judgment being entered against the applicant for all fees and costs that are deferred but that remain unpaid after thirty calendar days following the entry of final judgment or order. A consent judgment may be entered against the applicant unless one of the following applies:

1. 1. The applicant has an established schedule of payment in effect and is current with payments.
2. 2. A supplemental application for further deferral or waiver has been filed and is pending.
3. 3. In response to a supplemental application, the court orders that the fees and costs be further deferred or waived.
4. 4. Within twenty days of the date the court denies the supplemental application, the applicant either pays the fees or 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 a 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.

H. The following court fees and costs may be deferred or waived, except that the county shall pay the fees and costs in paragraphs 6 and 7 of this subsection on the granting of an application for deferral or waiver and an applicant who has been granted a deferral shall reimburse the county for the fees and costs in paragraphs 6 and 7 of this subsection:

1. 1. Filing fees.
2. 2. Fees for issuance of either a summons or subpoena.
3. 3. Fees for obtaining one certified copy of a temporary order in a domestic relations case.
4. 4. Fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings.

5. 5. Sheriff, marshal, constable and law enforcement fees for service of process if any of the following applies:

   1. (a) The applicant established by affidavit that the applicant has attempted without success to obtain voluntary acceptance of service of process.
   2. (b) The applicant's attempt to obtain voluntary acceptance of service of process would be futile or dangerous.
   3. (c) 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.
6. 6. The fee 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.
7. 7. Court reporter's fees for the preparation of court transcripts if the court reporter is employed by the court.
8. 8. Appeal preparation and filing fees at all levels of appeal and photocopy fees for the preparation of the record on appeal pursuant to sections 12-119.01, 12-120.31 and 12-2107 and section 12-284, subsection A.

K. A waiver of court fees or costs shall not be granted for:

1. 1. Matters that are filed as class actions pursuant to rule 23 of the Arizona rules of civil procedure.
2. 2. Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support that are filed by persons who at the time of filing the application are incarcerated as a result of a felony conviction in an out-of-state correctional facility or in a jail waiting to be transported to a state department of corrections facility.
3. 3. Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support filed by a pro se litigant who has been previously declared a vexatious litigant by any court.

N. For the purposes of this section:

1. 1. "Deferral" means either postponement of an obligation to pay fees or establishment of a schedule for payment of fees.
2. 2. "Further deferral" means the establishment of a schedule for payment of fees.