093_HB1585
LRB093 06268 RLC 06381 b
1 AN ACT in relation to courts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by
5 changing Section 16 as follows:
6 (705 ILCS 105/16) (from Ch. 25, par. 16)
7 Sec. 16. Records kept by the clerks of the circuit
8 courts are subject to the provisions of "The Local Records
9 Act", approved August 18, 1961, as amended.
10 Unless otherwise provided by rule or administrative order
11 of the Supreme Court, the respective clerks of the circuit
12 courts shall keep in their offices the following books:
13 1. A general docket, upon which shall be entered all
14 suits, in the order in which they are commenced.
15 2. Two well-bound books, to be denominated "Plaintiff's
16 Index to Court Records," and "Defendant's Index to Court
17 Records" to be ruled and printed substantially in the
18 following manner:
19 .............................................................
20 Plaintiffs Defendants Kind of Date Record Pages
21 Action Commenced Book
22 .............................................................
23 .............................................................
24 .............................................................
25 Date of Judgment
26 judgment docket
27 .............................................................
28 Book Page
29 .............................................................
30 Certificate Satisfied
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1 Certificate Certificate of or not Number
2 of levy of sale redemption satisfied of case
3 .............................................................
4 Fee Book Page Book Page Book Page
5 Book
6 .............................................................
7 All cases shall be entered in such books, in alphabetical
8 order, by the name of each plaintiff and defendant. The
9 books shall set forth the names of the parties, kind of
10 action, date commenced, the record books and pages on which
11 the cases are recorded, the date of judgment, books and pages
12 of the judgment dockets, fee book, certificates of levy, sale
13 and redemption records on which they are entered satisfied or
14 not satisfied, and number of case. The defendant's index
15 shall be ruled and printed in the same manner as the
16 plaintiff's except the parties shall be reversed.
17 3. Proper books of record, with indices, showing the
18 names of all parties to any action or judgment therein
19 recorded, with a reference to the page where it is recorded.
20 4. A judgment docket, in which all final judgments
21 (except child support orders as hereinafter provided) shall
22 be minuted at the time they are entered, or within 60 days
23 thereafter in alphabetical order, by the name of every person
24 against whom the judgment is entered, showing, in the proper
25 columns ruled for that purpose, the names of the parties, the
26 date, nature of the judgment, amount of the judgment and
27 costs in separate items, for which it is issued, to whom
28 issued, when returned, and the manner of its enforcement; a
29 blank column shall be kept in which may be entered a note of
30 the satisfaction or other disposition of the judgment or
31 order and when satisfied by enforcement or otherwise, or set
32 aside or enjoined; the clerk shall enter a minute thereof in
33 such column, showing how disposed of, the date and the book
34 and page, where the evidence thereof is to be found. In the
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1 case of child support orders or modifications of such orders
2 entered on or after May 1, 1987, the clerk shall minute such
3 orders or modifications in the manner and form provided
4 herein but shall not minute every child support installment
5 when due or every child support payment when made. Such
6 dockets may be searched by persons, at all reasonable times
7 without fee.
8 5. A fee book, in which shall be distinctly set down, in
9 items, the proper title of the cause and heads, the cost of
10 each action, including clerk's, sheriff's and witness' fees,
11 stating the name of each witness having claimed attendance in
12 respect of the trial or hearing of such action with the
13 number of days attended. It shall not be necessary to insert
14 the cost in the judgment; but whenever an action is
15 determined and final judgment entered, the costs of each
16 party litigant shall be made up and entered in such fee book,
17 which shall be considered a part of the record and judgment,
18 subject, however, at all times to be corrected by the court;
19 and the prevailing party shall be considered as having
20 recovered judgment for the amount of the costs so taxed in
21 his or her favor, and the same shall be included in the
22 certified copy of such judgment, and a bill thereof
23 accompanying certified copy of the judgment. If any clerk
24 shall issue a fee bill or a bill of costs, with the certified
25 copy of the judgment without first entering the same in the
26 fee book, or if any such bill of costs or fee bill shall be
27 issued which shall not be in substance a copy of the recorded
28 bill, the same shall be void. Any person having paid such
29 bill of costs or fee bill, may recover from the clerk the
30 amount thereof, with costs of the action, in any circuit
31 court.
32 6. Such other books of record and entry as are provided
33 by law, or may be required in the proper performance of their
34 duties. Except as otherwise provided in this paragraph 6,
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1 all records, dockets and books required by law to be kept by
2 such clerks shall be deemed public records, and shall at all
3 times be open to inspection without fee or reward, and all
4 persons shall have free access for inspection and examination
5 to such records, docket and books, and also to all papers on
6 file in the different clerks' offices and shall have the
7 right to take memoranda and abstracts thereto. A military
8 discharge form (DD form 214) issued by the United States
9 government and filed with the clerk of the circuit court is
10 not a public record and is not subject to public inspection.
11 Upon request of the veteran whose military discharge form has
12 been filed with the clerk of the circuit court or a person
13 designated by the veteran, the clerk of the circuit court
14 shall expunge the record of the military discharge form from
15 the record of the clerk and replace the record with a form
16 that only contains the name of the veteran, the date of his
17 or her discharge from military service, and the date of the
18 issuance of the original military discharge form.
19 (Source: P.A. 85-1156.)