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92_SB1946sam001
LRB9213630RCsbam
1 AMENDMENT TO SENATE BILL 1946
2 AMENDMENT NO. . Amend Senate Bill 1946 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Clerks of Courts Act is amended by
6 changing Section 27.2 as follows:
7 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
8 (Text of Section before amendment by P.A. 92-521)
9 Sec. 27.2. The fees of the clerks of the circuit court
10 in all counties having a population in excess of 650,000
11 inhabitants but less than 3,000,000 inhabitants in the
12 instances described in this Section shall be as provided in
13 this Section. In addition, the fees provided in this Section
14 shall apply to all units of local government and school
15 districts in counties with more than 3,000,000 inhabitants.
16 The fees shall be paid in advance and shall be as follows:
17 (a) Civil Cases.
18 The fee for filing a complaint, petition, or other
19 pleading initiating a civil action, with the following
20 exceptions, shall be $150.
21 (A) When the amount of money or damages or the
22 value of personal property claimed does not exceed
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1 $250, $10.
2 (B) When that amount exceeds $250 but does not
3 exceed $500, $20.
4 (C) When that amount exceeds $500 but does not
5 exceed $2500, $30.
6 (D) When that amount exceeds $2500 but does
7 not exceed $15,000, $75.
8 (E) For the exercise of eminent domain, $150.
9 For each additional lot or tract of land or right or
10 interest therein subject to be condemned, the
11 damages in respect to which shall require separate
12 assessment by a jury, $150.
13 (b) Forcible Entry and Detainer.
14 In each forcible entry and detainer case when the
15 plaintiff seeks possession only or unites with his or her
16 claim for possession of the property a claim for rent or
17 damages or both in the amount of $15,000 or less, $40.
18 When the plaintiff unites his or her claim for possession
19 with a claim for rent or damages or both exceeding
20 $15,000, $150.
21 (c) Counterclaim or Joining Third Party Defendant.
22 When any defendant files a counterclaim as part of
23 his or her answer or otherwise or joins another party as
24 a third party defendant, or both, the defendant shall pay
25 a fee for each counterclaim or third party action in an
26 amount equal to the fee he or she would have had to pay
27 had he or she brought a separate action for the relief
28 sought in the counterclaim or against the third party
29 defendant, less the amount of the appearance fee, if that
30 has been paid.
31 (d) Confession of Judgment.
32 In a confession of judgment when the amount does not
33 exceed $1500, $50. When the amount exceeds $1500, but
34 does not exceed $15,000, $115. When the amount exceeds
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1 $15,000, $200.
2 (e) Appearance.
3 The fee for filing an appearance in each civil case
4 shall be $50, except as follows:
5 (A) When the plaintiff in a forcible entry and
6 detainer case seeks possession only; $20.
7 (B) When the amount in the case does not
8 exceed $1500, $20.
9 (C) When that amount exceeds $1500 but does
10 not exceed $15,000, $40.
11 (f) Garnishment, Wage Deduction, and Citation.
12 In garnishment affidavit, wage deduction affidavit,
13 and citation petition when the amount does not exceed
14 $1,000, $10; when the amount exceeds $1,000 but does not
15 exceed $5,000, $20; and when the amount exceeds $5,000,
16 $30.
17 (g) Petition to Vacate or Modify.
18 (1) Petition to vacate or modify any final judgment
19 or order of court, except in forcible entry and detainer
20 cases and small claims cases or a petition to reopen an
21 estate, to modify, terminate, or enforce a judgment or
22 order for child or spousal support, or to modify,
23 suspend, or terminate an order for withholding, if filed
24 before 30 days after the entry of the judgment or order,
25 $40.
26 (2) Petition to vacate or modify any final judgment
27 or order of court, except a petition to modify,
28 terminate, or enforce a judgment or order for child or
29 spousal support or to modify, suspend, or terminate an
30 order for withholding, if filed later than 30 days after
31 the entry of the judgment or order, $60.
32 (3) Petition to vacate order of bond forfeiture,
33 $20.
34 (h) Mailing.
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1 When the clerk is required to mail, the fee will be
2 $6, plus the cost of postage.
3 (i) Certified Copies.
4 Each certified copy of a judgment after the first,
5 except in small claims and forcible entry and detainer
6 cases, $10.
7 (j) Habeas Corpus.
8 For filing a petition for relief by habeas corpus,
9 $80.
10 (k) Certification, Authentication, and Reproduction.
11 (1) Each certification or authentication for taking
12 the acknowledgment of a deed or other instrument in
13 writing with the seal of office, $4.
14 (2) Court appeals when original documents are
15 forwarded, under 100 pages, plus delivery and costs, $50.
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery and costs, $120.
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, an additional fee of 20 cents
20 per page.
21 (5) For reproduction of any document contained in
22 the clerk's files:
23 (A) First page, $2.
24 (B) Next 19 pages, 50 cents per page.
25 (C) All remaining pages, 25 cents per page.
26 (l) Remands.
27 In any cases remanded to the Circuit Court from the
28 Supreme Court or the Appellate Court for a new trial, the
29 clerk shall file the remanding order and reinstate the
30 case with either its original number or a new number. The
31 Clerk shall not charge any new or additional fee for the
32 reinstatement. Upon reinstatement the Clerk shall advise
33 the parties of the reinstatement. A party shall have the
34 same right to a jury trial on remand and reinstatement as
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1 he or she had before the appeal, and no additional or new
2 fee or charge shall be made for a jury trial after
3 remand.
4 (m) Record Search.
5 For each record search, within a division or
6 municipal district, the clerk shall be entitled to a
7 search fee of $4 for each year searched.
8 (n) Hard Copy.
9 For each page of hard copy print output, when case
10 records are maintained on an automated medium, the clerk
11 shall be entitled to a fee of $4.
12 (o) Index Inquiry and Other Records.
13 No fee shall be charged for a single
14 plaintiff/defendant index inquiry or single case record
15 inquiry when this request is made in person and the
16 records are maintained in a current automated medium, and
17 when no hard copy print output is requested. The fees to
18 be charged for management records, multiple case records,
19 and multiple journal records may be specified by the
20 Chief Judge pursuant to the guidelines for access and
21 dissemination of information approved by the Supreme
22 Court.
23 (p) Commitment Petitions.
24 For filing commitment petitions under the Mental
25 Health and Developmental Disabilities Code, $25.
26 (q) Alias Summons.
27 For each alias summons or citation issued by the
28 clerk, $4.
29 (r) Other Fees.
30 Any fees not covered in this Section shall be set by
31 rule or administrative order of the Circuit Court with
32 the approval of the Administrative Office of the Illinois
33 Courts.
34 The clerk of the circuit court may provide
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1 additional services for which there is no fee specified
2 by statute in connection with the operation of the
3 clerk's office as may be requested by the public and
4 agreed to by the clerk and approved by the chief judge of
5 the circuit court. Any charges for additional services
6 shall be as agreed to between the clerk and the party
7 making the request and approved by the chief judge of the
8 circuit court. Nothing in this subsection shall be
9 construed to require any clerk to provide any service not
10 otherwise required by law.
11 (s) Jury Services.
12 The clerk shall be entitled to receive, in addition
13 to other fees allowed by law, the sum of $192.50, as a
14 fee for the services of a jury in every civil action not
15 quasi-criminal in its nature and not a proceeding for the
16 exercise of the right of eminent domain and in every
17 other action wherein the right of trial by jury is or may
18 be given by law. The jury fee shall be paid by the party
19 demanding a jury at the time of filing the jury demand.
20 If the fee is not paid by either party, no jury shall be
21 called in the action or proceeding, and the same shall be
22 tried by the court without a jury.
23 (t) Voluntary Assignment.
24 For filing each deed of voluntary assignment, $10;
25 for recording the same, 25¢ for each 100 words.
26 Exceptions filed to claims presented to an assignee of a
27 debtor who has made a voluntary assignment for the
28 benefit of creditors shall be considered and treated, for
29 the purpose of taxing costs therein, as actions in which
30 the party or parties filing the exceptions shall be
31 considered as party or parties plaintiff, and the
32 claimant or claimants as party or parties defendant, and
33 those parties respectively shall pay to the clerk the
34 same fees as provided by this Section to be paid in other
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1 actions.
2 (u) Expungement Petition.
3 The clerk shall be entitled to receive a fee of $30
4 for each expungement petition filed and an additional fee
5 of $2 for each certified copy of an order to expunge
6 arrest records.
7 (v) Probate.
8 The clerk is entitled to receive the fees specified in
9 this subsection (v), which shall be paid in advance, except
10 that, for good cause shown, the court may suspend, reduce, or
11 release the costs payable under this subsection:
12 (1) For administration of the estate of a decedent
13 (whether testate or intestate) or of a missing person,
14 $100, plus the fees specified in subsection (v)(3),
15 except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be
18 $25.
19 (B) When (i) proof of heirship alone is made,
20 (ii) a domestic or foreign will is admitted to
21 probate without administration (including proof of
22 heirship), or (iii) letters of office are issued for
23 a particular purpose without administration of the
24 estate, the fee shall be $25.
25 (2) For administration of the estate of a ward,
26 $50, plus the fees specified in subsection (v)(3),
27 except:
28 (A) When the value of the real and personal
29 property does not exceed $15,000, the fee shall be
30 $25.
31 (B) When (i) letters of office are issued to a
32 guardian of the person or persons, but not of the
33 estate or (ii) letters of office are issued in the
34 estate of a ward without administration of the
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1 estate, including filing or joining in the filing of
2 a tax return or releasing a mortgage or consenting
3 to the marriage of the ward, the fee shall be $10.
4 (3) In addition to the fees payable under
5 subsection (v)(1) or (v)(2) of this Section, the
6 following fees are payable:
7 (A) For each account (other than one final
8 account) filed in the estate of a decedent, or ward,
9 $15.
10 (B) For filing a claim in an estate when the
11 amount claimed is $150 or more but less than $500,
12 $10; when the amount claimed is $500 or more but
13 less than $10,000, $25; when the amount claimed is
14 $10,000 or more, $40; provided that the court in
15 allowing a claim may add to the amount allowed the
16 filing fee paid by the claimant.
17 (C) For filing in an estate a claim, petition,
18 or supplemental proceeding based upon an action
19 seeking equitable relief including the construction
20 or contest of a will, enforcement of a contract to
21 make a will, and proceedings involving testamentary
22 trusts or the appointment of testamentary trustees,
23 $40.
24 (D) For filing in an estate (i) the appearance
25 of any person for the purpose of consent or (ii) the
26 appearance of an executor, administrator,
27 administrator to collect, guardian, guardian ad
28 litem, or special administrator, no fee.
29 (E) Except as provided in subsection
30 (v)(3)(D), for filing the appearance of any person
31 or persons, $10.
32 (F) For each jury demand, $102.50.
33 (G) For disposition of the collection of a
34 judgment or settlement of an action or claim for
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1 wrongful death of a decedent or of any cause of
2 action of a ward, when there is no other
3 administration of the estate, $30, less any amount
4 paid under subsection (v)(1)(B) or (v)(2)(B) except
5 that if the amount involved does not exceed $5,000,
6 the fee, including any amount paid under subsection
7 (v)(1)(B) or (v)(2)(B), shall be $10.
8 (H) For each certified copy of letters of
9 office, of court order or other certification, $1,
10 plus 50¢ per page in excess of 3 pages for the
11 document certified.
12 (I) For each exemplification, $1, plus the fee
13 for certification.
14 (4) The executor, administrator, guardian,
15 petitioner, or other interested person or his or her
16 attorney shall pay the cost of publication by the clerk
17 directly to the newspaper.
18 (5) The person on whose behalf a charge is incurred
19 for witness, court reporter, appraiser, or other
20 miscellaneous fee shall pay the same directly to the
21 person entitled thereto.
22 (6) The executor, administrator, guardian,
23 petitioner, or other interested person or his attorney
24 shall pay to the clerk all postage charges incurred by
25 the clerk in mailing petitions, orders, notices, or other
26 documents pursuant to the provisions of the Probate Act
27 of 1975.
28 (w) Criminal and Quasi-Criminal Costs and Fees.
29 (1) The clerk shall be entitled to costs in all
30 criminal and quasi-criminal cases from each person
31 convicted or sentenced to supervision therein as follows:
32 (A) Felony complaints, $80.
33 (B) Misdemeanor complaints, $50.
34 (C) Business offense complaints, $50.
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1 (D) Petty offense complaints, $50.
2 (E) Minor traffic or ordinance violations,
3 $20.
4 (F) When court appearance required, $30.
5 (G) Motions to vacate or amend final orders,
6 $20.
7 (H) Motions to vacate bond forfeiture orders,
8 $20.
9 (I) Motions to vacate ex parte judgments,
10 whenever filed, $20.
11 (J) Motions to vacate judgment on forfeitures,
12 whenever filed, $20.
13 (K) Motions to vacate "failure to appear" or
14 "failure to comply" notices sent to the Secretary of
15 State, $20.
16 (2) In counties having a population of more than
17 650,000 but fewer than 3,000,000 inhabitants, when the
18 violation complaint is issued by a municipal police
19 department, the clerk shall be entitled to costs from
20 each person convicted therein as follows:
21 (A) Minor traffic or ordinance violations,
22 $10.
23 (B) When court appearance required, $15.
24 (3) In ordinance violation cases punishable by fine
25 only, the clerk of the circuit court shall be entitled to
26 receive, unless the fee is excused upon a finding by the
27 court that the defendant is indigent, in addition to
28 other fees or costs allowed or imposed by law, the sum of
29 $50 as a fee for the services of a jury. The jury fee
30 shall be paid by the defendant at the time of filing his
31 or her jury demand. If the fee is not so paid by the
32 defendant, no jury shall be called, and the case shall be
33 tried by the court without a jury.
34 (x) Transcripts of Judgment.
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1 For the filing of a transcript of judgment, the
2 clerk shall be entitled to the same fee as if it were the
3 commencement of new suit.
4 (y) Change of Venue.
5 (1) For the filing of a change of case on a change
6 of venue, the clerk shall be entitled to the same fee as
7 if it were the commencement of a new suit.
8 (2) The fee for the preparation and certification
9 of a record on a change of venue to another jurisdiction,
10 when original documents are forwarded, $25.
11 (z) Tax objection complaints.
12 For each tax objection complaint containing one or
13 more tax objections, regardless of the number of parcels
14 involved or the number of taxpayers joining in the
15 complaint, $25.
16 (aa) Tax Deeds.
17 (1) Petition for tax deed, if only one parcel is
18 involved, $150.
19 (2) For each additional parcel, add a fee of $50.
20 (bb) Collections.
21 (1) For all collections made of others, except the
22 State and county and except in maintenance or child
23 support cases, a sum equal to 2.5% of the amount
24 collected and turned over.
25 (2) Interest earned on any funds held by the clerk
26 shall be turned over to the county general fund as an
27 earning of the office.
28 (3) For any check, draft, or other bank instrument
29 returned to the clerk for non-sufficient funds, account
30 closed, or payment stopped, $25.
31 (4) In child support and maintenance cases, the
32 clerk, if authorized by an ordinance of the county board,
33 may collect an annual fee of up to $36 from the person
34 making payment for maintaining child support records and
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1 the processing of support orders to the State of Illinois
2 KIDS system and the recording of payments issued by the
3 State Disbursement Unit for the official record of the
4 Court. This fee shall be in addition to and separate from
5 amounts ordered to be paid as maintenance or child
6 support and shall be deposited into a Separate
7 Maintenance and Child Support Collection Fund, of which
8 the clerk shall be the custodian, ex-officio, to be used
9 by the clerk to maintain child support orders and record
10 all payments issued by the State Disbursement Unit for
11 the official record of the Court. The clerk may recover
12 from the person making the maintenance or child support
13 payment any additional cost incurred in the collection of
14 this annual fee.
15 The clerk shall also be entitled to a fee of $5 for
16 certifications made to the Secretary of State as provided
17 in Section 7-703 of the Family Financial Responsibility
18 Law and these fees shall also be deposited into the
19 Separate Maintenance and Child Support Collection Fund.
20 (cc) Corrections of Numbers.
21 For correction of the case number, case title, or
22 attorney computer identification number, if required by
23 rule of court, on any document filed in the clerk's
24 office, to be charged against the party that filed the
25 document, $15.
26 (dd) Exceptions.
27 The fee requirements of this Section shall not apply
28 to police departments or other law enforcement agencies.
29 In this Section, "law enforcement agency" means an agency
30 of the State or a unit of local government which is
31 vested by law or ordinance with the duty to maintain
32 public order and to enforce criminal laws or ordinances.
33 "Law enforcement agency" also means the Attorney General
34 or any state's attorney. The fee requirements of this
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1 Section shall not apply to any action instituted under
2 subsection (b) of Section 11-31-1 of the Illinois
3 Municipal Code by a private owner or tenant of real
4 property within 1200 feet of a dangerous or unsafe
5 building seeking an order compelling the owner or owners
6 of the building to take any of the actions authorized
7 under that subsection.
8 (ee) Adoptions.
9 (1) For an adoption.............................$65
10 (2) Upon good cause shown, the court may waive the
11 adoption filing fee in a special needs adoption. The
12 term "special needs adoption" shall have the meaning
13 ascribed to it by the Illinois Department of Children and
14 Family Services.
15 (ff) Adoption exemptions.
16 No fee other than that set forth in subsection (ee)
17 shall be charged to any person in connection with an
18 adoption proceeding.
19 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
20 92-16, eff. 6-28-01.)
21 (Text of Section after amendment by P.A. 92-521)
22 Sec. 27.2. The fees of the clerks of the circuit court
23 in all counties having a population in excess of 500,000
24 inhabitants but less than 3,000,000 inhabitants in the
25 instances described in this Section shall be as provided in
26 this Section. In those instances where a minimum and maximum
27 fee is stated, counties with more than 500,000 inhabitants
28 but less than 3,000,000 inhabitants must charge the minimum
29 fee listed in this Section and may charge up to the maximum
30 fee if the county board has by resolution increased the fee.
31 In addition, the minimum fees authorized in this Section
32 shall apply to all units of local government and school
33 districts in counties with more than 3,000,000 inhabitants.
34 The fees shall be paid in advance and shall be as follows:
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1 (a) Civil Cases.
2 The fee for filing a complaint, petition, or other
3 pleading initiating a civil action, with the following
4 exceptions, shall be a minimum of $150 and a maximum of
5 $190.
6 (A) When the amount of money or damages or the
7 value of personal property claimed does not exceed
8 $250, a minimum of $10 and a maximum of $15.
9 (B) When that amount exceeds $250 but does not
10 exceed $1,000, a minimum of $20 and a maximum of
11 $40.
12 (C) When that amount exceeds $1,000 but does
13 not exceed $2500, a minimum of $30 and a maximum of
14 $50.
15 (D) When that amount exceeds $2500 but does
16 not exceed $5,000, a minimum of $75 and a maximum of
17 $100.
18 (D-5) When the amount exceeds $5,000 but does
19 not exceed $15,000, a minimum of $75 and a maximum
20 of $150.
21 (E) For the exercise of eminent domain, $150.
22 For each additional lot or tract of land or right or
23 interest therein subject to be condemned, the
24 damages in respect to which shall require separate
25 assessment by a jury, $150.
26 (b) Forcible Entry and Detainer.
27 In each forcible entry and detainer case when the
28 plaintiff seeks possession only or unites with his or her
29 claim for possession of the property a claim for rent or
30 damages or both in the amount of $15,000 or less, a
31 minimum of $40 and a maximum of $75. When the plaintiff
32 unites his or her claim for possession with a claim for
33 rent or damages or both exceeding $15,000, a minimum of
34 $150 and a maximum of $225.
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1 (c) Counterclaim or Joining Third Party Defendant.
2 When any defendant files a counterclaim as part of
3 his or her answer or otherwise or joins another party as
4 a third party defendant, or both, the defendant shall pay
5 a fee for each counterclaim or third party action in an
6 amount equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the relief
8 sought in the counterclaim or against the third party
9 defendant, less the amount of the appearance fee, if that
10 has been paid.
11 (d) Confession of Judgment.
12 In a confession of judgment when the amount does not
13 exceed $1500, a minimum of $50 and a maximum of $60.
14 When the amount exceeds $1500, but does not exceed
15 $5,000, $75. When the amount exceeds $5,000, but does not
16 exceed $15,000, $175. When the amount exceeds $15,000, a
17 minimum of $200 and a maximum of $250.
18 (e) Appearance.
19 The fee for filing an appearance in each civil case
20 shall be a minimum of $50 and a maximum of $75, except as
21 follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, a minimum of
24 $20 and a maximum of $40.
25 (B) When the amount in the case does not
26 exceed $1500, a minimum of $20 and a maximum of $40.
27 (C) When the amount in the case exceeds $1500
28 but does not exceed $15,000, a minimum of $40 and a
29 maximum of $60.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, a minimum of $10 and a maximum of $15; when the
34 amount exceeds $1,000 but does not exceed $5,000, a
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1 minimum of $20 and a maximum of $30; and when the amount
2 exceeds $5,000, a minimum of $30 and a maximum of $50.
3 (g) Petition to Vacate or Modify.
4 (1) Petition to vacate or modify any final judgment
5 or order of court, except in forcible entry and detainer
6 cases and small claims cases or a petition to reopen an
7 estate, to modify, terminate, or enforce a judgment or
8 order for child or spousal support, or to modify,
9 suspend, or terminate an order for withholding, if filed
10 before 30 days after the entry of the judgment or order,
11 a minimum of $40 and a maximum of $50.
12 (2) Petition to vacate or modify any final judgment
13 or order of court, except a petition to modify,
14 terminate, or enforce a judgment or order for child or
15 spousal support or to modify, suspend, or terminate an
16 order for withholding, if filed later than 30 days after
17 the entry of the judgment or order, a minimum of $60 and
18 a maximum of $75.
19 (3) Petition to vacate order of bond forfeiture, a
20 minimum of $20 and a maximum of $40.
21 (h) Mailing.
22 When the clerk is required to mail, the fee will be
23 a minimum of $6 and a maximum of $10, plus the cost of
24 postage.
25 (i) Certified Copies.
26 Each certified copy of a judgment after the first,
27 except in small claims and forcible entry and detainer
28 cases, a minimum of $10 and a maximum of $15.
29 (j) Habeas Corpus.
30 For filing a petition for relief by habeas corpus, a
31 minimum of $80 and a maximum of $125.
32 (k) Certification, Authentication, and Reproduction.
33 (1) Each certification or authentication for taking
34 the acknowledgment of a deed or other instrument in
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1 writing with the seal of office, a minimum of $4 and a
2 maximum of $6.
3 (2) Court appeals when original documents are
4 forwarded, under 100 pages, plus delivery and costs, a
5 minimum of $50 and a maximum of $75.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, a
8 minimum of $120 and a maximum of $150.
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, an additional fee of a minimum
11 of 20 and a maximum of 25 cents per page.
12 (5) For reproduction of any document contained in
13 the clerk's files:
14 (A) First page, $2.
15 (B) Next 19 pages, 50 cents per page.
16 (C) All remaining pages, 25 cents per page.
17 (l) Remands.
18 In any cases remanded to the Circuit Court from the
19 Supreme Court or the Appellate Court for a new trial, the
20 clerk shall file the remanding order and reinstate the
21 case with either its original number or a new number. The
22 Clerk shall not charge any new or additional fee for the
23 reinstatement. Upon reinstatement the Clerk shall advise
24 the parties of the reinstatement. A party shall have the
25 same right to a jury trial on remand and reinstatement as
26 he or she had before the appeal, and no additional or new
27 fee or charge shall be made for a jury trial after
28 remand.
29 (m) Record Search.
30 For each record search, within a division or
31 municipal district, the clerk shall be entitled to a
32 search fee of a minimum of $4 and a maximum of $6 for
33 each year searched.
34 (n) Hard Copy.
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1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of a minimum of $1 $4 and a
4 maximum of $6.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code, a minimum of
19 $25 and a maximum of $50.
20 (q) Alias Summons.
21 For each alias summons or citation issued by the
22 clerk, a minimum of $4 and a maximum of $5.
23 (r) Other Fees.
24 Any fees not covered in this Section shall be set by
25 rule or administrative order of the Circuit Court with
26 the approval of the Administrative Office of the Illinois
27 Courts.
28 The clerk of the circuit court may provide
29 additional services for which there is no fee specified
30 by statute in connection with the operation of the
31 clerk's office as may be requested by the public and
32 agreed to by the clerk and approved by the chief judge of
33 the circuit court. Any charges for additional services
34 shall be as agreed to between the clerk and the party
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1 making the request and approved by the chief judge of the
2 circuit court. Nothing in this subsection shall be
3 construed to require any clerk to provide any service not
4 otherwise required by law.
5 (s) Jury Services.
6 The clerk shall be entitled to receive, in addition
7 to other fees allowed by law, the sum of a minimum of
8 $192.50 and a maximum of $212.50, as a fee for the
9 services of a jury in every civil action not
10 quasi-criminal in its nature and not a proceeding for the
11 exercise of the right of eminent domain and in every
12 other action wherein the right of trial by jury is or may
13 be given by law. The jury fee shall be paid by the party
14 demanding a jury at the time of filing the jury demand.
15 If the fee is not paid by either party, no jury shall be
16 called in the action or proceeding, and the same shall be
17 tried by the court without a jury.
18 (t) Voluntary Assignment.
19 For filing each deed of voluntary assignment, a
20 minimum of $10 and a maximum of $20; for recording the
21 same, a minimum of 25¢ and a maximum of 50¢ for each 100
22 words. Exceptions filed to claims presented to an
23 assignee of a debtor who has made a voluntary assignment
24 for the benefit of creditors shall be considered and
25 treated, for the purpose of taxing costs therein, as
26 actions in which the party or parties filing the
27 exceptions shall be considered as party or parties
28 plaintiff, and the claimant or claimants as party or
29 parties defendant, and those parties respectively shall
30 pay to the clerk the same fees as provided by this
31 Section to be paid in other actions.
32 (u) Expungement Petition.
33 The clerk shall be entitled to receive a fee of a
34 minimum of $30 and a maximum of $60 for each expungement
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1 petition filed and an additional fee of a minimum of $2
2 and a maximum of $4 for each certified copy of an order
3 to expunge arrest records.
4 (v) Probate.
5 The clerk is entitled to receive the fees specified
6 in this subsection (v), which shall be paid in advance,
7 except that, for good cause shown, the court may suspend,
8 reduce, or release the costs payable under this
9 subsection:
10 (1) For administration of the estate of a decedent
11 (whether testate or intestate) or of a missing person, a
12 minimum of $100 and a maximum of $150, plus the fees
13 specified in subsection (v)(3), except:
14 (A) When the value of the real and personal
15 property does not exceed $15,000, the fee shall be a
16 minimum of $25 and a maximum of $40.
17 (B) When (i) proof of heirship alone is made,
18 (ii) a domestic or foreign will is admitted to
19 probate without administration (including proof of
20 heirship), or (iii) letters of office are issued for
21 a particular purpose without administration of the
22 estate, the fee shall be a minimum of $25 and a
23 maximum of $40.
24 (2) For administration of the estate of a ward, a
25 minimum of $50 and a maximum of $75, plus the fees
26 specified in subsection (v)(3), except:
27 (A) When the value of the real and personal
28 property does not exceed $15,000, the fee shall be a
29 minimum of $25 and a maximum of $40.
30 (B) When (i) letters of office are issued to a
31 guardian of the person or persons, but not of the
32 estate or (ii) letters of office are issued in the
33 estate of a ward without administration of the
34 estate, including filing or joining in the filing of
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1 a tax return or releasing a mortgage or consenting
2 to the marriage of the ward, the fee shall be a
3 minimum of $10 and a maximum of $20.
4 (3) In addition to the fees payable under
5 subsection (v)(1) or (v)(2) of this Section, the
6 following fees are payable:
7 (A) For each account (other than one final
8 account) filed in the estate of a decedent, or ward,
9 a minimum of $15 and a maximum of $25.
10 (B) For filing a claim in an estate when the
11 amount claimed is $150 or more but less than $500, a
12 minimum of $10 and a maximum of $20; when the amount
13 claimed is $500 or more but less than $10,000, a
14 minimum of $25 and a maximum of $40; when the amount
15 claimed is $10,000 or more, a minimum of $40 and a
16 maximum of $60; provided that the court in allowing
17 a claim may add to the amount allowed the filing fee
18 paid by the claimant.
19 (C) For filing in an estate a claim, petition,
20 or supplemental proceeding based upon an action
21 seeking equitable relief including the construction
22 or contest of a will, enforcement of a contract to
23 make a will, and proceedings involving testamentary
24 trusts or the appointment of testamentary trustees,
25 a minimum of $40 and a maximum of $60.
26 (D) For filing in an estate (i) the appearance
27 of any person for the purpose of consent or (ii) the
28 appearance of an executor, administrator,
29 administrator to collect, guardian, guardian ad
30 litem, or special administrator, no fee.
31 (E) Except as provided in subsection
32 (v)(3)(D), for filing the appearance of any person
33 or persons, a minimum of $10 and a maximum of $30.
34 (F) For each jury demand, a minimum of $102.50
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1 and a maximum of $137.50.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, a minimum of $30 and a
7 maximum of $50, less any amount paid under
8 subsection (v)(1)(B) or (v)(2)(B) except that if the
9 amount involved does not exceed $5,000, the fee,
10 including any amount paid under subsection (v)(1)(B)
11 or (v)(2)(B), shall be a minimum of $10 and a
12 maximum of $20.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, a
15 minimum of $1 and a maximum of $2, plus a minimum of
16 50¢ and a maximum of $1 per page in excess of 3
17 pages for the document certified.
18 (I) For each exemplification, a minimum of $1
19 and a maximum of $2, plus the fee for certification.
20 (4) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay the cost of publication by the clerk
23 directly to the newspaper.
24 (5) The person on whose behalf a charge is incurred
25 for witness, court reporter, appraiser, or other
26 miscellaneous fee shall pay the same directly to the
27 person entitled thereto.
28 (6) The executor, administrator, guardian,
29 petitioner, or other interested person or his attorney
30 shall pay to the clerk all postage charges incurred by
31 the clerk in mailing petitions, orders, notices, or other
32 documents pursuant to the provisions of the Probate Act
33 of 1975.
34 (w) Criminal and Quasi-Criminal Costs and Fees.
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1 (1) The clerk shall be entitled to costs in all
2 criminal and quasi-criminal cases from each person
3 convicted or sentenced to supervision therein as follows:
4 (A) Felony complaints, a minimum of $80 and a
5 maximum of $125.
6 (B) Misdemeanor complaints, a minimum of $50
7 and a maximum of $75.
8 (C) Business offense complaints, a minimum of
9 $50 and a maximum of $75.
10 (D) Petty offense complaints, a minimum of $50
11 and a maximum of $75.
12 (E) Minor traffic or ordinance violations,
13 $20.
14 (F) When court appearance required, $30.
15 (G) Motions to vacate or amend final orders, a
16 minimum of $20 and a maximum of $40.
17 (H) Motions to vacate bond forfeiture orders,
18 a minimum of $20 and a maximum of $30.
19 (I) Motions to vacate ex parte judgments,
20 whenever filed, a minimum of $20 and a maximum of
21 $30.
22 (J) Motions to vacate judgment on forfeitures,
23 whenever filed, a minimum of $20 and a maximum of
24 $25.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of
27 State, a minimum of $20 and a maximum of $40.
28 (2) In counties having a population of more than
29 500,000 but fewer than 3,000,000 inhabitants, when the
30 violation complaint is issued by a municipal police
31 department, the clerk shall be entitled to costs from
32 each person convicted therein as follows:
33 (A) Minor traffic or ordinance violations,
34 $10.
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1 (B) When court appearance required, $15.
2 (3) In ordinance violation cases punishable by fine
3 only, the clerk of the circuit court shall be entitled to
4 receive, unless the fee is excused upon a finding by the
5 court that the defendant is indigent, in addition to
6 other fees or costs allowed or imposed by law, the sum of
7 a minimum of $50 and a maximum of $112.50 as a fee for
8 the services of a jury. The jury fee shall be paid by
9 the defendant at the time of filing his or her jury
10 demand. If the fee is not so paid by the defendant, no
11 jury shall be called, and the case shall be tried by the
12 court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, a minimum of $25
24 and a maximum of $40.
25 (z) Tax objection complaints.
26 For each tax objection complaint containing one or
27 more tax objections, regardless of the number of parcels
28 involved or the number of taxpayers joining in the
29 complaint, a minimum of $25 and a maximum of $50.
30 (aa) Tax Deeds.
31 (1) Petition for tax deed, if only one parcel is
32 involved, a minimum of $150 and a maximum of $250.
33 (2) For each additional parcel, add a fee of a
34 minimum of $50 and a maximum of $100.
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1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to a minimum of 2.5% and a
5 maximum of 3.0% of the amount collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for maintaining child support records and
16 the processing of support orders to the State of Illinois
17 KIDS system and the recording of payments issued by the
18 State Disbursement Unit for the official record of the
19 Court. This fee shall be in addition to and separate from
20 amounts ordered to be paid as maintenance or child
21 support and shall be deposited into a Separate
22 Maintenance and Child Support Collection Fund, of which
23 the clerk shall be the custodian, ex-officio, to be used
24 by the clerk to maintain child support orders and record
25 all payments issued by the State Disbursement Unit for
26 the official record of the Court. The clerk may recover
27 from the person making the maintenance or child support
28 payment any additional cost incurred in the collection of
29 this annual fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
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1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, a minimum of $15 and a maximum of $25.
7 (dd) Exceptions.
8 The fee requirements of this Section shall not apply
9 to police departments or other law enforcement agencies.
10 In this Section, "law enforcement agency" means an agency
11 of the State or a unit of local government which is
12 vested by law or ordinance with the duty to maintain
13 public order and to enforce criminal laws or ordinances.
14 "Law enforcement agency" also means the Attorney General
15 or any state's attorney. The fee requirements of this
16 Section shall not apply to any action instituted under
17 subsection (b) of Section 11-31-1 of the Illinois
18 Municipal Code by a private owner or tenant of real
19 property within 1200 feet of a dangerous or unsafe
20 building seeking an order compelling the owner or owners
21 of the building to take any of the actions authorized
22 under that subsection.
23 (ee) Adoptions.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
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1 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.".