093_HB2504
LRB093 07707 LCB 07895 b
1 AN ACT concerning fees.
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 Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases.
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family.
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, filing
18 transcript of commitment proceedings held in
19 another county, and cases under the Juvenile Court
20 Act of 1987........................................ $25
21 (2) Petition for Marriage Licenses........... $10
22 (3) Marriages in Court....................... $10
23 (4) Paternity................................ $40
24 (c) Criminal and Quasi-Criminal.
25 (1) Each person convicted of a felony........ $40
26 (2) Each person convicted of a misdemeanor,
27 leaving scene of an accident, driving while
28 intoxicated, reckless driving or drag racing,
29 driving when license revoked or suspended,
30 overweight, or no interstate commerce certificate,
31 or when the disposition is court supervision....... $25
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1 (3) Each person convicted of a business
2 offense............................................ $25
3 (4) Each person convicted of a petty offense. $25
4 (5) Minor traffic, conservation, or
5 ordinance violation, including without limitation
6 when the disposition is court supervision:
7 (i) For each offense.................... $10
8 (ii) For each notice sent to the
9 defendant's last known address pursuant to
10 subsection (c) of Section 6-306.4 of the Illinois
11 Vehicle Code....................................... $2
12 (iii) For each notice sent to the
13 Secretary of State pursuant to subsection (c) of
14 Section 6-306.4 of the Illinois Vehicle Code....... $2
15 (6) When Court Appearance required........... $15
16 (7) Motions to vacate or amend final orders.. $10
17 (8) In ordinance violation cases punishable
18 by fine only, the clerk of the circuit court shall
19 be entitled to receive, unless the fee is excused
20 upon a finding by the court that the defendant is
21 indigent, in addition to other fees or costs
22 allowed or imposed by law, the sum of $62.50 as a
23 fee for the services of a jury. The jury fee shall
24 be paid by the defendant at the time of filing his
25 or her jury demand. If the fee is not so paid by
26 the defendant, no jury shall be called, and the
27 case shall be tried by the court without a jury.
28 (d) Other Civil Cases.
29 (1) Money or personal property claimed does
30 not exceed $500.................................... $10
31 (2) Exceeds $500 but not more than $10,000... $25
32 (3) Exceeds $10,000, when relief in addition
33 to or supplemental to recovery of money alone is
34 sought in an action to recover personal property
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1 taxes or retailers occupational tax regardless of
2 amount claimed..................................... $45
3 (4) The Clerk of the Circuit Court shall be
4 entitled to receive, in addition to other fees
5 allowed by law, the sum of $62.50, as a fee for the
6 services of a jury in every civil action not
7 quasi-criminal in its nature and not a proceeding
8 for the exercise of the right of eminent domain,
9 and in every equitable action wherein the right of
10 trial by jury is or may be given by law. The jury
11 fee shall be paid by the party demanding a jury at
12 the time of filing his jury demand. If such a fee
13 is not paid by either party, no jury shall be
14 called in the action, suit, or proceeding, and the
15 same shall be tried by the court without a jury.
16 (e) Confession of judgment and answer.
17 (1) When the amount does not exceed $1,000... $20
18 (2) Exceeds $1,000........................... $40
19 (f) Auxiliary Proceedings.
20 Any auxiliary proceeding relating to the
21 collection of a money judgment, including
22 garnishment, citation, or wage deduction action.... $5
23 (g) Forcible entry and detainer.
24 (1) For possession only or possession and
25 rent not in excess of $10,000...................... $10
26 (2) For possession and rent in excess of
27 $10,000............................................ $40
28 (h) Eminent Domain.
29 (1) Exercise of Eminent Domain............... $45
30 (2) For each and every lot or tract of land
31 or right or interest therein subject to be
32 condemned, the damages in respect to which shall
33 require separate assessments by a jury............. $45
34 (i) Reinstatement.
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1 Each case including petition for modification
2 of a judgment or order of Court if filed later than
3 30 days after the entry of a judgment or order,
4 except in forcible entry and detainer cases and
5 small claims and except a petition to modify,
6 terminate, or enforce a judgement or order for
7 child or spousal support or to modify, suspend, or
8 terminate an order for withholding, petition to
9 vacate judgment of dismissal for want of
10 prosecution whenever filed, petition to reopen an
11 estate, or redocketing of any cause................ $20
12 (j) Probate.
13 (1) Administration of decedent's estates,
14 whether testate or intestate, guardianships of the
15 person or estate or both of a person under legal
16 disability, guardianships of the person or estate
17 or both of a minor or minors, or petitions to sell
18 real estate in the administration of any estate.... $50
19 (2) Small estates in cases where the real and
20 personal property of an estate does not exceed
21 $5,000............................................. $25
22 (3) At any time during the administration of
23 the estate, however, at the request of the Clerk,
24 the Court shall examine the record of the estate
25 and the personal representative to determine the
26 total value of the real and personal property of
27 the estate, and if such value exceeds $5,000 shall
28 order the payment of an additional fee in the
29 amount of.......................................... $40
30 (4) Inheritance tax proceedings.............. $15
31 (5) Issuing letters only for a certain
32 specific reason other than the administration of an
33 estate, including but not limited to the release of
34 mortgage; the issue of letters of guardianship in
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1 order that consent to marriage may be granted or
2 for some other specific reason other than for the
3 care of property or person; proof of heirship
4 without administration; or when a will is to be
5 admitted to probate, but the estate is to be
6 settled without administration..................... $10
7 (6) When a separate complaint relating to any
8 matter other than a routine claim is filed in an
9 estate, the required additional fee shall be
10 charged for such filing............................ $45
11 (k) Change of Venue.
12 From a court, the charge is the same amount as
13 the original filing fee; however, the fee for
14 preparation and certification of record on change
15 of venue, when original documents or copies are
16 forwarded.......................................... $10
17 (l) Answer, adverse pleading, or appearance.
18 In civil cases................................ $15
19 With the following exceptions:
20 (1) When the amount does not exceed $500..... $5
21 (2) When amount exceeds $500 but not $10,000. $10
22 (3) When amount exceeds $10,000.............. $15
23 (4) Court appeals when documents are
24 forwarded, over 200 pages, additional fee per page
25 over 200........................................... 10¢
26 (m) Tax objection complaints.
27 For each tax objection complaint containing
28 one or more tax objections, regardless of the
29 number of parcels involved or the number of
30 taxpayers joining the complaint.................... $10
31 (n) Tax deed.
32 (1) Petition for tax deed, if only one parcel
33 is involved........................................ $45
34 (2) For each additional parcel involved, an
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1 additional fee of.................................. $10
2 (o) Mailing Notices and Processes.
3 (1) All notices that the clerk is required to
4 mail as first class mail........................... $2
5 (2) For all processes or notices the Clerk is
6 required to mail by certified or registered mail,
7 the fee will be $2 plus cost of postage.
8 (p) Certification or Authentication.
9 (1) Each certification or authentication for
10 taking the acknowledgement of a deed or other
11 instrument in writing with seal of office.......... $2
12 (2) Court appeals when original documents are
13 forwarded, 100 pages or under, plus delivery costs. $25
14 (3) Court appeals when original documents are
15 forwarded, over 100 pages, plus delivery costs..... $60
16 (4) Court appeals when original documents are
17 forwarded, over 200 pages, additional fee per page
18 over 200........................................... 10¢
19 (q) Reproductions.
20 Each record of proceedings and judgment,
21 whether on appeal, change of venue, certified
22 copies of orders and judgments, and all other
23 instruments, documents, records, or papers:
24 (1) First page.......................... $1
25 (2) Next 19 pages, per page............. 50¢
26 (3) All remaining pages, per page....... 25¢
27 (r) Counterclaim.
28 When any defendant files a counterclaim as
29 part of his or her answer or otherwise, or joins
30 another party as a third party defendant, or both,
31 he or she shall pay a fee for each such
32 counterclaim or third party action in an amount
33 equal to the fee he or she would have had to pay
34 had he or she brought a separate action for the
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1 relief sought in the counterclaim or against the
2 third party defendant, less the amount of the
3 appearance fee, if that has been paid.
4 (s) Transcript of Judgment.
5 From a court, the same fee as if case
6 originally filed.
7 (t) Publications.
8 The cost of publication shall be paid directly
9 to the publisher by the person seeking the
10 publication, whether the clerk is required by law
11 to publish, or the parties to the action.
12 (u) Collections.
13 (1) For all collections made for others,
14 except the State and County and except in
15 maintenance or child support cases, a sum equal to
16 2% of the amount collected and turned over.
17 (2) In any cases remanded to the Circuit
18 Court from the Supreme Court or the Appellate
19 Court, the Clerk shall file the remanding order and
20 reinstate the case with either its original number
21 or a new number. The Clerk shall not charge any
22 new or additional fee for the reinstatement. Upon
23 reinstatement the Clerk shall advise the parties of
24 the reinstatement. A party shall have the same
25 right to a jury trial on remand and reinstatement
26 as he or she had before the appeal, and no
27 additional or new fee or charge shall be made for a
28 jury trial after remand.
29 (3) In maintenance and child support matters,
30 the Clerk may deduct from each payment an amount
31 equal to the United States postage to be used in
32 mailing the maintenance or child support check to
33 the recipient. In such cases, the Clerk shall
34 collect an annual fee of up to $36 from the person
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1 making such payment for maintaining child support
2 records and the processing of support orders to the
3 State of Illinois KIDS system and the recording of
4 payments issued by the State Disbursement Unit for
5 the official record of the Court. Such sum shall be
6 in addition to and separate from amounts ordered to
7 be paid as maintenance or child support and shall
8 be deposited in a separate Maintenance and Child
9 Support Collection Fund of which the Clerk shall be
10 the custodian, ex officio, to be used by the Clerk
11 to maintain child support orders and record all
12 payments issued by the State Disbursement Unit for
13 the official record of the Court. Unless paid in
14 cash or pursuant to an order for withholding, the
15 payment of the fee shall be by a separate
16 instrument from the support payment and shall be
17 made to the order of the Clerk. The Clerk may
18 recover from the person making the maintenance or
19 child support payment any additional cost incurred
20 in the collection of this annual fee.
21 (4) Interest earned on any funds held by the
22 clerk shall be turned over to the county general
23 fund as an earning of the office.
24 The Clerk shall also be entitled to a fee of
25 $5 for certifications made to the Secretary of
26 State as provided in Section 7-703 of the Family
27 Financial Responsibility Law and these fees shall
28 also be deposited into the Separate Maintenance and
29 Child Support Collection Fund.
30 (v) Correction of Cases.
31 For correcting the case number or case title
32 on any document filed in his office, to be charged
33 against the party that filed the document.......... $10
34 (w) Record Search.
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1 For searching a record, per year searched..... $4
2 (x) Printed Output.
3 For each page of hard copy print output, when
4 case records are maintained on an automated medium. $2
5 (y) Alias Summons.
6 For each alias summons issued................. $2
7 (z) Expungement of Records.
8 For each expungement petition filed........... $15
9 (aa) Other Fees.
10 Any fees not covered by this Section shall be set by
11 rule or administrative order of the Circuit Court, with
12 the approval of the Supreme Court.
13 (bb) Exemptions.
14 No fee provided for herein shall be charged to any
15 unit of State or local government or school district
16 unless the Court orders another party to pay such fee on
17 its behalf. The fee requirements of this Section shall
18 not apply to police departments or other law enforcement
19 agencies. In this Section, "law enforcement agency" means
20 an agency of the State or a unit of local government that
21 is vested by law or ordinance with the duty to maintain
22 public order and to enforce criminal laws and ordinances.
23 The fee requirements of this Section shall not apply to
24 any action instituted under subsection (b) of Section
25 11-31-1 of the Illinois Municipal Code by a private owner
26 or tenant of real property within 1200 feet of a
27 dangerous or unsafe building seeking an order compelling
28 the owner or owners of the building to take any of the
29 actions authorized under that subsection.
30 (cc) Adoptions.
31 (1) For an adoption.............................$65
32 (2) Upon good cause shown, the court may waive the
33 adoption filing fee in a special needs adoption. The
34 term "special needs adoption" shall have the meaning
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1 ascribed to it by the Illinois Department of Children and
2 Family Services.
3 (dd) Adoption exemptions.
4 No fee other than that set forth in subsection (cc)
5 shall be charged to any person in connection with an
6 adoption proceeding nor may any fee be charged for
7 proceedings for the appointment of a confidential
8 intermediary under the Adoption Act.
9 (ee) Additional Services.
10 Beginning July 1, 1993, the clerk of the circuit
11 court may provide such additional services for which
12 there is no fee specified by statute in connection with
13 the operation of the clerk's office as may be requested
14 by the public and agreed to by the public and by the
15 clerk and approved by the chief judge of the circuit
16 court. Any charges for additional services shall be as
17 agreed to between the clerk and the party making the
18 request and approved by the chief judge of the circuit
19 court. Nothing in this subsection shall be construed to
20 require any clerk to provide any service not otherwise
21 required by law.
22 (ff) Returned checks.
23 For each check delivered to the clerk that is not
24 honored on 2 occasions by the financial institution upon
25 which it is drawn because of insufficient funds in the
26 account, because the account is closed, because there is
27 no account, or because a stop payment has been placed on
28 the check, in addition to the amount already owed....$25.
29 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
30 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
31 6-28-01; 92-114, eff. 1-1-02.)
32 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
33 Sec. 27.1a. The fees of the clerks of the circuit court
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1 in all counties having a population in excess of 180,000 but
2 not more than 500,000 inhabitants in the instances described
3 in this Section shall be as provided in this Section. The
4 fees shall be paid in advance and shall be as follows:
5 (a) Civil Cases.
6 The fee for filing a complaint, petition, or other
7 pleading initiating a civil action, with the following
8 exceptions, shall be $150.
9 (A) When the amount of money or damages or the
10 value of personal property claimed does not exceed
11 $250, $10.
12 (B) When that amount exceeds $250 but does not
13 exceed $500, $20.
14 (C) When that amount exceeds $500 but does not
15 exceed $2500, $30.
16 (D) When that amount exceeds $2500 but does
17 not exceed $15,000, $75.
18 (E) For the exercise of eminent domain, $150.
19 For each additional lot or tract of land or right or
20 interest therein subject to be condemned, the
21 damages in respect to which shall require separate
22 assessment by a jury, $150.
23 (a-1) Family.
24 For filing a petition under the Juvenile Court Act
25 of 1987, $25.
26 For filing a petition for a marriage license, $10.
27 For performing a marriage in court, $10.
28 For filing a petition under the Illinois Parentage
29 Act of 1984, $40.
30 (b) Forcible Entry and Detainer.
31 In each forcible entry and detainer case when the
32 plaintiff seeks possession only or unites with his or her
33 claim for possession of the property a claim for rent or
34 damages or both in the amount of $15,000 or less, $40.
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1 When the plaintiff unites his or her claim for possession
2 with a claim for rent or damages or both exceeding
3 $15,000, $150.
4 (c) Counterclaim or Joining Third Party Defendant.
5 When any defendant files a counterclaim as part of
6 his or her answer or otherwise or joins another party as
7 a third party defendant, or both, the defendant shall pay
8 a fee for each counterclaim or third party action in an
9 amount equal to the fee he or she would have had to pay
10 had he or she brought a separate action for the relief
11 sought in the counterclaim or against the third party
12 defendant, less the amount of the appearance fee, if that
13 has been paid.
14 (d) Confession of Judgment.
15 In a confession of judgment when the amount does not
16 exceed $1500, $50. When the amount exceeds $1500, but
17 does not exceed $15,000, $115. When the amount exceeds
18 $15,000, $200.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be $50, except as follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, $20.
24 (B) When the amount in the case does not
25 exceed $1500, $20.
26 (C) When that amount exceeds $1500 but does
27 not exceed $15,000, $40.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, $10; when the amount exceeds $1,000 but does not
32 exceed $5,000, $20; and when the amount exceeds $5,000,
33 $30.
34 (g) Petition to Vacate or Modify.
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1 (1) Petition to vacate or modify any final judgment
2 or order of court, except in forcible entry and detainer
3 cases and small claims cases or a petition to reopen an
4 estate, to modify, terminate, or enforce a judgment or
5 order for child or spousal support, or to modify,
6 suspend, or terminate an order for withholding, if filed
7 before 30 days after the entry of the judgment or order,
8 $40.
9 (2) Petition to vacate or modify any final judgment
10 or order of court, except a petition to modify,
11 terminate, or enforce a judgment or order for child or
12 spousal support or to modify, suspend, or terminate an
13 order for withholding, if filed later than 30 days after
14 the entry of the judgment or order, $60.
15 (3) Petition to vacate order of bond forfeiture,
16 $20.
17 (h) Mailing.
18 When the clerk is required to mail, the fee will be
19 $6, plus the cost of postage.
20 (i) Certified Copies.
21 Each certified copy of a judgment after the first,
22 except in small claims and forcible entry and detainer
23 cases, $10.
24 (j) Habeas Corpus.
25 For filing a petition for relief by habeas corpus,
26 $80.
27 (k) Certification, Authentication, and Reproduction.
28 (1) Each certification or authentication for taking
29 the acknowledgment of a deed or other instrument in
30 writing with the seal of office, $4.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, $50.
33 (3) Court appeals when original documents are
34 forwarded, over 100 pages, plus delivery and costs, $120.
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1 (4) Court appeals when original documents are
2 forwarded, over 200 pages, an additional fee of 20 cents
3 per page.
4 (5) For reproduction of any document contained in
5 the clerk's files:
6 (A) First page, $2.
7 (B) Next 19 pages, 50 cents per page.
8 (C) All remaining pages, 25 cents per page.
9 (l) Remands.
10 In any cases remanded to the Circuit Court from the
11 Supreme Court or the Appellate Court for a new trial, the
12 clerk shall file the remanding order and reinstate the
13 case with either its original number or a new number. The
14 Clerk shall not charge any new or additional fee for the
15 reinstatement. Upon reinstatement the Clerk shall advise
16 the parties of the reinstatement. A party shall have the
17 same right to a jury trial on remand and reinstatement as
18 he or she had before the appeal, and no additional or new
19 fee or charge shall be made for a jury trial after
20 remand.
21 (m) Record Search.
22 For each record search, within a division or
23 municipal district, the clerk shall be entitled to a
24 search fee of $4 for each year searched.
25 (n) Hard Copy.
26 For each page of hard copy print output, when case
27 records are maintained on an automated medium, the clerk
28 shall be entitled to a fee of $4.
29 (o) Index Inquiry and Other Records.
30 No fee shall be charged for a single
31 plaintiff/defendant index inquiry or single case record
32 inquiry when this request is made in person and the
33 records are maintained in a current automated medium, and
34 when no hard copy print output is requested. The fees to
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1 be charged for management records, multiple case records,
2 and multiple journal records may be specified by the
3 Chief Judge pursuant to the guidelines for access and
4 dissemination of information approved by the Supreme
5 Court.
6 (p) Commitment Petitions.
7 For filing commitment petitions under the Mental
8 Health and Developmental Disabilities Code and for filing
9 a transcript of commitment proceedings held in another
10 county, $25.
11 (q) Alias Summons.
12 For each alias summons or citation issued by the
13 clerk, $4.
14 (r) Other Fees.
15 Any fees not covered in this Section shall be set by
16 rule or administrative order of the Circuit Court with
17 the approval of the Administrative Office of the Illinois
18 Courts.
19 The clerk of the circuit court may provide
20 additional services for which there is no fee specified
21 by statute in connection with the operation of the
22 clerk's office as may be requested by the public and
23 agreed to by the clerk and approved by the chief judge of
24 the circuit court. Any charges for additional services
25 shall be as agreed to between the clerk and the party
26 making the request and approved by the chief judge of the
27 circuit court. Nothing in this subsection shall be
28 construed to require any clerk to provide any service not
29 otherwise required by law.
30 (s) Jury Services.
31 The clerk shall be entitled to receive, in addition
32 to other fees allowed by law, the sum of $192.50, as a
33 fee for the services of a jury in every civil action not
34 quasi-criminal in its nature and not a proceeding for the
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1 exercise of the right of eminent domain and in every
2 other action wherein the right of trial by jury is or may
3 be given by law. The jury fee shall be paid by the party
4 demanding a jury at the time of filing the jury demand.
5 If the fee is not paid by either party, no jury shall be
6 called in the action or proceeding, and the same shall be
7 tried by the court without a jury.
8 (t) Voluntary Assignment.
9 For filing each deed of voluntary assignment, $10;
10 for recording the same, 25¢ for each 100 words.
11 Exceptions filed to claims presented to an assignee of a
12 debtor who has made a voluntary assignment for the
13 benefit of creditors shall be considered and treated, for
14 the purpose of taxing costs therein, as actions in which
15 the party or parties filing the exceptions shall be
16 considered as party or parties plaintiff, and the
17 claimant or claimants as party or parties defendant, and
18 those parties respectively shall pay to the clerk the
19 same fees as provided by this Section to be paid in other
20 actions.
21 (u) Expungement Petition.
22 The clerk shall be entitled to receive a fee of $30
23 for each expungement petition filed and an additional fee
24 of $2 for each certified copy of an order to expunge
25 arrest records.
26 (v) Probate.
27 The clerk is entitled to receive the fees specified
28 in this subsection (v), which shall be paid in advance,
29 except that, for good cause shown, the court may suspend,
30 reduce, or release the costs payable under this
31 subsection:
32 (1) For administration of the estate of a decedent
33 (whether testate or intestate) or of a missing person,
34 $100, plus the fees specified in subsection (v)(3),
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1 except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be
4 $25.
5 (B) When (i) proof of heirship alone is made,
6 (ii) a domestic or foreign will is admitted to
7 probate without administration (including proof of
8 heirship), or (iii) letters of office are issued for
9 a particular purpose without administration of the
10 estate, the fee shall be $25.
11 (2) For administration of the estate of a ward,
12 $50, plus the fees specified in subsection (v)(3),
13 except:
14 (A) When the value of the real and personal
15 property does not exceed $15,000, the fee shall be
16 $25.
17 (B) When (i) letters of office are issued to a
18 guardian of the person or persons, but not of the
19 estate or (ii) letters of office are issued in the
20 estate of a ward without administration of the
21 estate, including filing or joining in the filing of
22 a tax return or releasing a mortgage or consenting
23 to the marriage of the ward, the fee shall be $10.
24 (3) In addition to the fees payable under
25 subsection (v)(1) or (v)(2) of this Section, the
26 following fees are payable:
27 (A) For each account (other than one final
28 account) filed in the estate of a decedent, or ward,
29 $15.
30 (B) For filing a claim in an estate when the
31 amount claimed is $150 or more but less than $500,
32 $10; when the amount claimed is $500 or more but
33 less than $10,000, $25; when the amount claimed is
34 $10,000 or more, $40; provided that the court in
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1 allowing a claim may add to the amount allowed the
2 filing fee paid by the claimant.
3 (C) For filing in an estate a claim, petition,
4 or supplemental proceeding based upon an action
5 seeking equitable relief including the construction
6 or contest of a will, enforcement of a contract to
7 make a will, and proceedings involving testamentary
8 trusts or the appointment of testamentary trustees,
9 $40.
10 (D) For filing in an estate (i) the appearance
11 of any person for the purpose of consent or (ii) the
12 appearance of an executor, administrator,
13 administrator to collect, guardian, guardian ad
14 litem, or special administrator, no fee.
15 (E) Except as provided in subsection
16 (v)(3)(D), for filing the appearance of any person
17 or persons, $10.
18 (F) For each jury demand, $102.50.
19 (G) For disposition of the collection of a
20 judgment or settlement of an action or claim for
21 wrongful death of a decedent or of any cause of
22 action of a ward, when there is no other
23 administration of the estate, $30, less any amount
24 paid under subsection (v)(1)(B) or (v)(2)(B) except
25 that if the amount involved does not exceed $5,000,
26 the fee, including any amount paid under subsection
27 (v)(1)(B) or (v)(2)(B), shall be $10.
28 (H) For each certified copy of letters of
29 office, of court order or other certification, $1,
30 plus 50¢ per page in excess of 3 pages for the
31 document certified.
32 (I) For each exemplification, $1, plus the fee
33 for certification.
34 (4) The executor, administrator, guardian,
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1 petitioner, or other interested person or his or her
2 attorney shall pay the cost of publication by the clerk
3 directly to the newspaper.
4 (5) The person on whose behalf a charge is incurred
5 for witness, court reporter, appraiser, or other
6 miscellaneous fee shall pay the same directly to the
7 person entitled thereto.
8 (6) The executor, administrator, guardian,
9 petitioner, or other interested person or his or her
10 attorney shall pay to the clerk all postage charges
11 incurred by the clerk in mailing petitions, orders,
12 notices, or other documents pursuant to the provisions of
13 the Probate Act of 1975.
14 (w) Criminal and Quasi-Criminal Costs and Fees.
15 (1) The clerk shall be entitled to costs in all
16 criminal and quasi-criminal cases from each person
17 convicted or sentenced to supervision therein as follows:
18 (A) Felony complaints, $80.
19 (B) Misdemeanor complaints, $50.
20 (C) Business offense complaints, $50.
21 (D) Petty offense complaints, $50.
22 (E) Minor traffic or ordinance violations,
23 $20.
24 (F) When court appearance required, $30.
25 (G) Motions to vacate or amend final orders,
26 $20.
27 (H) Motions to vacate bond forfeiture orders,
28 $20.
29 (I) Motions to vacate ex parte judgments,
30 whenever filed, $20.
31 (J) Motions to vacate judgment on forfeitures,
32 whenever filed, $20.
33 (K) Motions to vacate "failure to appear" or
34 "failure to comply" notices sent to the Secretary of
-20- LRB093 07707 LCB 07895 b
1 State, $20.
2 (2) In counties having a population in excess of
3 180,000 but not more than 500,000 inhabitants, when the
4 violation complaint is issued by a municipal police
5 department, the clerk shall be entitled to costs from
6 each person convicted therein as follows:
7 (A) Minor traffic or ordinance violations,
8 $10.
9 (B) When court appearance required, $15.
10 (3) In ordinance violation cases punishable by fine
11 only, the clerk of the circuit court shall be entitled to
12 receive, unless the fee is excused upon a finding by the
13 court that the defendant is indigent, in addition to
14 other fees or costs allowed or imposed by law, the sum of
15 $62.50 as a fee for the services of a jury. The jury fee
16 shall be paid by the defendant at the time of filing his
17 or her jury demand. If the fee is not so paid by the
18 defendant, no jury shall be called, and the case shall be
19 tried by the court without a jury.
20 (x) Transcripts of Judgment.
21 For the filing of a transcript of judgment, the
22 clerk shall be entitled to the same fee as if it were the
23 commencement of a new suit.
24 (y) Change of Venue.
25 (1) For the filing of a change of case on a change
26 of venue, the clerk shall be entitled to the same fee as
27 if it were the commencement of a new suit.
28 (2) The fee for the preparation and certification
29 of a record on a change of venue to another jurisdiction,
30 when original documents are forwarded, $25.
31 (z) Tax objection complaints.
32 For each tax objection complaint containing one or
33 more tax objections, regardless of the number of parcels
34 involved or the number of taxpayers joining on the
-21- LRB093 07707 LCB 07895 b
1 complaint, $25.
2 (aa) Tax Deeds.
3 (1) Petition for tax deed, if only one parcel is
4 involved, $150.
5 (2) For each additional parcel, add a fee of $50.
6 (bb) Collections.
7 (1) For all collections made of others, except the
8 State and county and except in maintenance or child
9 support cases, a sum equal to 2.5% of the amount
10 collected and turned over.
11 (2) Interest earned on any funds held by the clerk
12 shall be turned over to the county general fund as an
13 earning of the office.
14 (3) For any check, draft, or other bank instrument
15 returned to the clerk for non-sufficient funds, account
16 closed, or payment stopped, $25.
17 (4) In child support and maintenance cases, the
18 clerk, if authorized by an ordinance of the county board,
19 may collect an annual fee of up to $36 from the person
20 making payment for maintaining child support records and
21 the processing of support orders to the State of Illinois
22 KIDS system and the recording of payments issued by the
23 State Disbursement Unit for the official record of the
24 Court. This fee shall be in addition to and separate
25 from amounts ordered to be paid as maintenance or child
26 support and shall be deposited into a Separate
27 Maintenance and Child Support Collection Fund, of which
28 the clerk shall be the custodian, ex-officio, to be used
29 by the clerk to maintain child support orders and record
30 all payments issued by the State Disbursement Unit for
31 the official record of the Court. The clerk may recover
32 from the person making the maintenance or child support
33 payment any additional cost incurred in the collection
34 of this annual fee.
-22- LRB093 07707 LCB 07895 b
1 The clerk shall also be entitled to a fee of $5 for
2 certifications made to the Secretary of State as provided
3 in Section 7-703 of the Family Financial Responsibility
4 Law and these fees shall also be deposited into the
5 Separate Maintenance and Child Support Collection Fund.
6 (cc) Corrections of Numbers.
7 For correction of the case number, case title, or
8 attorney computer identification number, if required by
9 rule of court, on any document filed in the clerk's
10 office, to be charged against the party that filed the
11 document, $15.
12 (dd) Exceptions.
13 (1) The fee requirements of this Section shall not
14 apply to police departments or other law enforcement
15 agencies. In this Section, "law enforcement agency"
16 means an agency of the State or a unit of local
17 government which is vested by law or ordinance with the
18 duty to maintain public order and to enforce criminal
19 laws or ordinances. "Law enforcement agency" also means
20 the Attorney General or any state's attorney.
21 (2) No fee provided herein shall be charged to any
22 unit of local government or school district.
23 (3) The fee requirements of this Section shall not
24 apply to any action instituted under subsection (b) of
25 Section 11-31-1 of the Illinois Municipal Code by a
26 private owner or tenant of real property within 1200 feet
27 of a dangerous or unsafe building seeking an order
28 compelling the owner or owners of the building to take
29 any of the actions authorized under that subsection.
30 (ee) Adoptions.
31 (1) For an adoption.............................$65
32 (2) Upon good cause shown, the court may waive the
33 adoption filing fee in a special needs adoption. The
34 term "special needs adoption" shall have the meaning
-23- LRB093 07707 LCB 07895 b
1 ascribed to it by the Illinois Department of Children and
2 Family Services.
3 (ff) Adoption exemptions.
4 No fee other than that set forth in subsection (ee)
5 shall be charged to any person in connection with an
6 adoption proceeding nor may any fee be charged for
7 proceedings for the appointment of a confidential
8 intermediary under the Adoption Act.
9 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
10 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
11 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
12 Sec. 27.2. The fees of the clerks of the circuit court
13 in all counties having a population in excess of 500,000
14 inhabitants but less than 3,000,000 inhabitants in the
15 instances described in this Section shall be as provided in
16 this Section. In those instances where a minimum and maximum
17 fee is stated, counties with more than 500,000 inhabitants
18 but less than 3,000,000 inhabitants must charge the minimum
19 fee listed in this Section and may charge up to the maximum
20 fee if the county board has by resolution increased the fee.
21 In addition, the minimum fees authorized in this Section
22 shall apply to all units of local government and school
23 districts in counties with more than 3,000,000 inhabitants.
24 The fees shall be paid in advance and shall be as follows:
25 (a) Civil Cases.
26 The fee for filing a complaint, petition, or other
27 pleading initiating a civil action, with the following
28 exceptions, shall be a minimum of $150 and a maximum of
29 $190.
30 (A) When the amount of money or damages or the
31 value of personal property claimed does not exceed
32 $250, a minimum of $10 and a maximum of $15.
33 (B) When that amount exceeds $250 but does not
-24- LRB093 07707 LCB 07895 b
1 exceed $1,000, a minimum of $20 and a maximum of
2 $40.
3 (C) When that amount exceeds $1,000 but does
4 not exceed $2500, a minimum of $30 and a maximum of
5 $50.
6 (D) When that amount exceeds $2500 but does
7 not exceed $5,000, a minimum of $75 and a maximum of
8 $100.
9 (D-5) When the amount exceeds $5,000 but does
10 not exceed $15,000, a minimum of $75 and a maximum
11 of $150.
12 (E) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (b) Forcible Entry and Detainer.
18 In each forcible entry and detainer case when the
19 plaintiff seeks possession only or unites with his or her
20 claim for possession of the property a claim for rent or
21 damages or both in the amount of $15,000 or less, a
22 minimum of $40 and a maximum of $75. When the plaintiff
23 unites his or her claim for possession with a claim for
24 rent or damages or both exceeding $15,000, a minimum of
25 $150 and a maximum of $225.
26 (c) Counterclaim or Joining Third Party Defendant.
27 When any defendant files a counterclaim as part of
28 his or her answer or otherwise or joins another party as
29 a third party defendant, or both, the defendant shall pay
30 a fee for each counterclaim or third party action in an
31 amount equal to the fee he or she would have had to pay
32 had he or she brought a separate action for the relief
33 sought in the counterclaim or against the third party
34 defendant, less the amount of the appearance fee, if that
-25- LRB093 07707 LCB 07895 b
1 has been paid.
2 (d) Confession of Judgment.
3 In a confession of judgment when the amount does not
4 exceed $1500, a minimum of $50 and a maximum of $60.
5 When the amount exceeds $1500, but does not exceed
6 $5,000, $75. When the amount exceeds $5,000, but does not
7 exceed $15,000, $175. When the amount exceeds $15,000, a
8 minimum of $200 and a maximum of $250.
9 (e) Appearance.
10 The fee for filing an appearance in each civil case
11 shall be a minimum of $50 and a maximum of $75, except as
12 follows:
13 (A) When the plaintiff in a forcible entry and
14 detainer case seeks possession only, a minimum of
15 $20 and a maximum of $40.
16 (B) When the amount in the case does not
17 exceed $1500, a minimum of $20 and a maximum of $40.
18 (C) When the amount in the case exceeds $1500
19 but does not exceed $15,000, a minimum of $40 and a
20 maximum of $60.
21 (f) Garnishment, Wage Deduction, and Citation.
22 In garnishment affidavit, wage deduction affidavit,
23 and citation petition when the amount does not exceed
24 $1,000, a minimum of $10 and a maximum of $15; when the
25 amount exceeds $1,000 but does not exceed $5,000, a
26 minimum of $20 and a maximum of $30; and when the amount
27 exceeds $5,000, a minimum of $30 and a maximum of $50.
28 (g) Petition to Vacate or Modify.
29 (1) Petition to vacate or modify any final judgment
30 or order of court, except in forcible entry and detainer
31 cases and small claims cases or a petition to reopen an
32 estate, to modify, terminate, or enforce a judgment or
33 order for child or spousal support, or to modify,
34 suspend, or terminate an order for withholding, if filed
-26- LRB093 07707 LCB 07895 b
1 before 30 days after the entry of the judgment or order,
2 a minimum of $40 and a maximum of $50.
3 (2) Petition to vacate or modify any final judgment
4 or order of court, except a petition to modify,
5 terminate, or enforce a judgment or order for child or
6 spousal support or to modify, suspend, or terminate an
7 order for withholding, if filed later than 30 days after
8 the entry of the judgment or order, a minimum of $60 and
9 a maximum of $75.
10 (3) Petition to vacate order of bond forfeiture, a
11 minimum of $20 and a maximum of $40.
12 (h) Mailing.
13 When the clerk is required to mail, the fee will be
14 a minimum of $6 and a maximum of $10, plus the cost of
15 postage.
16 (i) Certified Copies.
17 Each certified copy of a judgment after the first,
18 except in small claims and forcible entry and detainer
19 cases, a minimum of $10 and a maximum of $15.
20 (j) Habeas Corpus.
21 For filing a petition for relief by habeas corpus, a
22 minimum of $80 and a maximum of $125.
23 (k) Certification, Authentication, and Reproduction.
24 (1) Each certification or authentication for taking
25 the acknowledgment of a deed or other instrument in
26 writing with the seal of office, a minimum of $4 and a
27 maximum of $6.
28 (2) Court appeals when original documents are
29 forwarded, under 100 pages, plus delivery and costs, a
30 minimum of $50 and a maximum of $75.
31 (3) Court appeals when original documents are
32 forwarded, over 100 pages, plus delivery and costs, a
33 minimum of $120 and a maximum of $150.
34 (4) Court appeals when original documents are
-27- LRB093 07707 LCB 07895 b
1 forwarded, over 200 pages, an additional fee of a minimum
2 of 20 and a maximum of 25 cents per page.
3 (5) For reproduction of any document contained in
4 the clerk's files:
5 (A) First page, $2.
6 (B) Next 19 pages, 50 cents per page.
7 (C) All remaining pages, 25 cents per page.
8 (l) Remands.
9 In any cases remanded to the Circuit Court from the
10 Supreme Court or the Appellate Court for a new trial, the
11 clerk shall file the remanding order and reinstate the
12 case with either its original number or a new number. The
13 Clerk shall not charge any new or additional fee for the
14 reinstatement. Upon reinstatement the Clerk shall advise
15 the parties of the reinstatement. A party shall have the
16 same right to a jury trial on remand and reinstatement as
17 he or she had before the appeal, and no additional or new
18 fee or charge shall be made for a jury trial after
19 remand.
20 (m) Record Search.
21 For each record search, within a division or
22 municipal district, the clerk shall be entitled to a
23 search fee of a minimum of $4 and a maximum of $6 for
24 each year searched.
25 (n) Hard Copy.
26 For each page of hard copy print output, when case
27 records are maintained on an automated medium, the clerk
28 shall be entitled to a fee of a minimum of $4 and a
29 maximum of $6.
30 (o) Index Inquiry and Other Records.
31 No fee shall be charged for a single
32 plaintiff/defendant index inquiry or single case record
33 inquiry when this request is made in person and the
34 records are maintained in a current automated medium, and
-28- LRB093 07707 LCB 07895 b
1 when no hard copy print output is requested. The fees to
2 be charged for management records, multiple case records,
3 and multiple journal records may be specified by the
4 Chief Judge pursuant to the guidelines for access and
5 dissemination of information approved by the Supreme
6 Court.
7 (p) Commitment Petitions.
8 For filing commitment petitions under the Mental
9 Health and Developmental Disabilities Code, a minimum of
10 $25 and a maximum of $50.
11 (q) Alias Summons.
12 For each alias summons or citation issued by the
13 clerk, a minimum of $4 and a maximum of $5.
14 (r) Other Fees.
15 Any fees not covered in this Section shall be set by
16 rule or administrative order of the Circuit Court with
17 the approval of the Administrative Office of the Illinois
18 Courts.
19 The clerk of the circuit court may provide
20 additional services for which there is no fee specified
21 by statute in connection with the operation of the
22 clerk's office as may be requested by the public and
23 agreed to by the clerk and approved by the chief judge of
24 the circuit court. Any charges for additional services
25 shall be as agreed to between the clerk and the party
26 making the request and approved by the chief judge of the
27 circuit court. Nothing in this subsection shall be
28 construed to require any clerk to provide any service not
29 otherwise required by law.
30 (s) Jury Services.
31 The clerk shall be entitled to receive, in addition
32 to other fees allowed by law, the sum of a minimum of
33 $192.50 and a maximum of $212.50, as a fee for the
34 services of a jury in every civil action not
-29- LRB093 07707 LCB 07895 b
1 quasi-criminal in its nature and not a proceeding for the
2 exercise of the right of eminent domain and in every
3 other action wherein the right of trial by jury is or may
4 be given by law. The jury fee shall be paid by the party
5 demanding a jury at the time of filing the jury demand.
6 If the fee is not paid by either party, no jury shall be
7 called in the action or proceeding, and the same shall be
8 tried by the court without a jury.
9 (t) Voluntary Assignment.
10 For filing each deed of voluntary assignment, a
11 minimum of $10 and a maximum of $20; for recording the
12 same, a minimum of 25¢ and a maximum of 50¢ for each 100
13 words. Exceptions filed to claims presented to an
14 assignee of a debtor who has made a voluntary assignment
15 for the benefit of creditors shall be considered and
16 treated, for the purpose of taxing costs therein, as
17 actions in which the party or parties filing the
18 exceptions shall be considered as party or parties
19 plaintiff, and the claimant or claimants as party or
20 parties defendant, and those parties respectively shall
21 pay to the clerk the same fees as provided by this
22 Section to be paid in other actions.
23 (u) Expungement Petition.
24 The clerk shall be entitled to receive a fee of a
25 minimum of $30 and a maximum of $60 for each expungement
26 petition filed and an additional fee of a minimum of $2
27 and a maximum of $4 for each certified copy of an order
28 to expunge arrest records.
29 (v) Probate.
30 The clerk is entitled to receive the fees specified
31 in this subsection (v), which shall be paid in advance,
32 except that, for good cause shown, the court may suspend,
33 reduce, or release the costs payable under this
34 subsection:
-30- LRB093 07707 LCB 07895 b
1 (1) For administration of the estate of a decedent
2 (whether testate or intestate) or of a missing person, a
3 minimum of $100 and a maximum of $150, plus the fees
4 specified in subsection (v)(3), except:
5 (A) When the value of the real and personal
6 property does not exceed $15,000, the fee shall be a
7 minimum of $25 and a maximum of $40.
8 (B) When (i) proof of heirship alone is made,
9 (ii) a domestic or foreign will is admitted to
10 probate without administration (including proof of
11 heirship), or (iii) letters of office are issued for
12 a particular purpose without administration of the
13 estate, the fee shall be a minimum of $25 and a
14 maximum of $40.
15 (2) For administration of the estate of a ward, a
16 minimum of $50 and a maximum of $75, plus the fees
17 specified in subsection (v)(3), except:
18 (A) When the value of the real and personal
19 property does not exceed $15,000, the fee shall be a
20 minimum of $25 and a maximum of $40.
21 (B) When (i) letters of office are issued to a
22 guardian of the person or persons, but not of the
23 estate or (ii) letters of office are issued in the
24 estate of a ward without administration of the
25 estate, including filing or joining in the filing of
26 a tax return or releasing a mortgage or consenting
27 to the marriage of the ward, the fee shall be a
28 minimum of $10 and a maximum of $20.
29 (3) In addition to the fees payable under
30 subsection (v)(1) or (v)(2) of this Section, the
31 following fees are payable:
32 (A) For each account (other than one final
33 account) filed in the estate of a decedent, or ward,
34 a minimum of $15 and a maximum of $25.
-31- LRB093 07707 LCB 07895 b
1 (B) For filing a claim in an estate when the
2 amount claimed is $150 or more but less than $500, a
3 minimum of $10 and a maximum of $20; when the amount
4 claimed is $500 or more but less than $10,000, a
5 minimum of $25 and a maximum of $40; when the amount
6 claimed is $10,000 or more, a minimum of $40 and a
7 maximum of $60; provided that the court in allowing
8 a claim may add to the amount allowed the filing fee
9 paid by the claimant.
10 (C) For filing in an estate a claim, petition,
11 or supplemental proceeding based upon an action
12 seeking equitable relief including the construction
13 or contest of a will, enforcement of a contract to
14 make a will, and proceedings involving testamentary
15 trusts or the appointment of testamentary trustees,
16 a minimum of $40 and a maximum of $60.
17 (D) For filing in an estate (i) the appearance
18 of any person for the purpose of consent or (ii) the
19 appearance of an executor, administrator,
20 administrator to collect, guardian, guardian ad
21 litem, or special administrator, no fee.
22 (E) Except as provided in subsection
23 (v)(3)(D), for filing the appearance of any person
24 or persons, a minimum of $10 and a maximum of $30.
25 (F) For each jury demand, a minimum of $102.50
26 and a maximum of $137.50.
27 (G) For disposition of the collection of a
28 judgment or settlement of an action or claim for
29 wrongful death of a decedent or of any cause of
30 action of a ward, when there is no other
31 administration of the estate, a minimum of $30 and a
32 maximum of $50, less any amount paid under
33 subsection (v)(1)(B) or (v)(2)(B) except that if the
34 amount involved does not exceed $5,000, the fee,
-32- LRB093 07707 LCB 07895 b
1 including any amount paid under subsection (v)(1)(B)
2 or (v)(2)(B), shall be a minimum of $10 and a
3 maximum of $20.
4 (H) For each certified copy of letters of
5 office, of court order or other certification, a
6 minimum of $1 and a maximum of $2, plus a minimum of
7 50¢ and a maximum of $1 per page in excess of 3
8 pages for the document certified.
9 (I) For each exemplification, a minimum of $1
10 and a maximum of $2, plus the fee for certification.
11 (4) The executor, administrator, guardian,
12 petitioner, or other interested person or his or her
13 attorney shall pay the cost of publication by the clerk
14 directly to the newspaper.
15 (5) The person on whose behalf a charge is incurred
16 for witness, court reporter, appraiser, or other
17 miscellaneous fee shall pay the same directly to the
18 person entitled thereto.
19 (6) The executor, administrator, guardian,
20 petitioner, or other interested person or his attorney
21 shall pay to the clerk all postage charges incurred by
22 the clerk in mailing petitions, orders, notices, or other
23 documents pursuant to the provisions of the Probate Act
24 of 1975.
25 (w) Criminal and Quasi-Criminal Costs and Fees.
26 (1) The clerk shall be entitled to costs in all
27 criminal and quasi-criminal cases from each person
28 convicted or sentenced to supervision therein as follows:
29 (A) Felony complaints, a minimum of $80 and a
30 maximum of $125.
31 (B) Misdemeanor complaints, a minimum of $50
32 and a maximum of $75.
33 (C) Business offense complaints, a minimum of
34 $50 and a maximum of $75.
-33- LRB093 07707 LCB 07895 b
1 (D) Petty offense complaints, a minimum of $50
2 and a maximum of $75.
3 (E) Minor traffic or ordinance violations,
4 $20.
5 (F) When court appearance required, $30.
6 (G) Motions to vacate or amend final orders, a
7 minimum of $20 and a maximum of $40.
8 (H) Motions to vacate bond forfeiture orders,
9 a minimum of $20 and a maximum of $30.
10 (I) Motions to vacate ex parte judgments,
11 whenever filed, a minimum of $20 and a maximum of
12 $30.
13 (J) Motions to vacate judgment on forfeitures,
14 whenever filed, a minimum of $20 and a maximum of
15 $25.
16 (K) Motions to vacate "failure to appear" or
17 "failure to comply" notices sent to the Secretary of
18 State, a minimum of $20 and a maximum of $40.
19 (2) In counties having a population of more than
20 500,000 but fewer than 3,000,000 inhabitants, when the
21 violation complaint is issued by a municipal police
22 department, the clerk shall be entitled to costs from
23 each person convicted therein as follows:
24 (A) Minor traffic or ordinance violations,
25 $10.
26 (B) When court appearance required, $15.
27 (3) In ordinance violation cases punishable by fine
28 only, the clerk of the circuit court shall be entitled to
29 receive, unless the fee is excused upon a finding by the
30 court that the defendant is indigent, in addition to
31 other fees or costs allowed or imposed by law, the sum of
32 a minimum of $50 and a maximum of $112.50 as a fee for
33 the services of a jury. The jury fee shall be paid by
34 the defendant at the time of filing his or her jury
-34- LRB093 07707 LCB 07895 b
1 demand. If the fee is not so paid by the defendant, no
2 jury shall be called, and the case shall be tried by the
3 court without a jury.
4 (x) Transcripts of Judgment.
5 For the filing of a transcript of judgment, the
6 clerk shall be entitled to the same fee as if it were the
7 commencement of new suit.
8 (y) Change of Venue.
9 (1) For the filing of a change of case on a change
10 of venue, the clerk shall be entitled to the same fee as
11 if it were the commencement of a new suit.
12 (2) The fee for the preparation and certification
13 of a record on a change of venue to another jurisdiction,
14 when original documents are forwarded, a minimum of $25
15 and a maximum of $40.
16 (z) Tax objection complaints.
17 For each tax objection complaint containing one or
18 more tax objections, regardless of the number of parcels
19 involved or the number of taxpayers joining in the
20 complaint, a minimum of $25 and a maximum of $50.
21 (aa) Tax Deeds.
22 (1) Petition for tax deed, if only one parcel is
23 involved, a minimum of $150 and a maximum of $250.
24 (2) For each additional parcel, add a fee of a
25 minimum of $50 and a maximum of $100.
26 (bb) Collections.
27 (1) For all collections made of others, except the
28 State and county and except in maintenance or child
29 support cases, a sum equal to a minimum of 2.5% and a
30 maximum of 3.0% of the amount collected and turned over.
31 (2) Interest earned on any funds held by the clerk
32 shall be turned over to the county general fund as an
33 earning of the office.
34 (3) For any check, draft, or other bank instrument
-35- LRB093 07707 LCB 07895 b
1 returned to the clerk for non-sufficient funds, account
2 closed, or payment stopped, $25.
3 (4) In child support and maintenance cases, the
4 clerk, if authorized by an ordinance of the county board,
5 may collect an annual fee of up to $36 from the person
6 making payment for maintaining child support records and
7 the processing of support orders to the State of Illinois
8 KIDS system and the recording of payments issued by the
9 State Disbursement Unit for the official record of the
10 Court. This fee shall be in addition to and separate from
11 amounts ordered to be paid as maintenance or child
12 support and shall be deposited into a Separate
13 Maintenance and Child Support Collection Fund, of which
14 the clerk shall be the custodian, ex-officio, to be used
15 by the clerk to maintain child support orders and record
16 all payments issued by the State Disbursement Unit for
17 the official record of the Court. The clerk may recover
18 from the person making the maintenance or child support
19 payment any additional cost incurred in the collection of
20 this annual fee.
21 The clerk shall also be entitled to a fee of $5 for
22 certifications made to the Secretary of State as provided
23 in Section 7-703 of the Family Financial Responsibility
24 Law and these fees shall also be deposited into the
25 Separate Maintenance and Child Support Collection Fund.
26 (cc) Corrections of Numbers.
27 For correction of the case number, case title, or
28 attorney computer identification number, if required by
29 rule of court, on any document filed in the clerk's
30 office, to be charged against the party that filed the
31 document, a minimum of $15 and a maximum of $25.
32 (dd) Exceptions.
33 The fee requirements of this Section shall not apply
34 to police departments or other law enforcement agencies.
-36- LRB093 07707 LCB 07895 b
1 In this Section, "law enforcement agency" means an agency
2 of the State or a unit of local government which is
3 vested by law or ordinance with the duty to maintain
4 public order and to enforce criminal laws or ordinances.
5 "Law enforcement agency" also means the Attorney General
6 or any state's attorney. The fee requirements of this
7 Section shall not apply to any action instituted under
8 subsection (b) of Section 11-31-1 of the Illinois
9 Municipal Code by a private owner or tenant of real
10 property within 1200 feet of a dangerous or unsafe
11 building seeking an order compelling the owner or owners
12 of the building to take any of the actions authorized
13 under that subsection.
14 (ee) Adoptions.
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (ff) Adoption exemptions.
22 No fee other than that set forth in subsection (ee)
23 shall be charged to any person in connection with an
24 adoption proceeding nor may any fee be charged for
25 proceedings for the appointment of a confidential
26 intermediary under the Adoption Act.
27 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
28 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
29 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
30 Sec. 27.2a. The fees of the clerks of the circuit court
31 in all counties having a population of 3,000,000 or more
32 inhabitants in the instances described in this Section shall
33 be as provided in this Section. In those instances where a
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1 minimum and maximum fee is stated, the clerk of the circuit
2 court must charge the minimum fee listed and may charge up to
3 the maximum fee if the county board has by resolution
4 increased the fee. The fees shall be paid in advance and
5 shall be as follows:
6 (a) Civil Cases.
7 The fee for filing a complaint, petition, or other
8 pleading initiating a civil action, with the following
9 exceptions, shall be a minimum of $190 and a maximum of
10 $240.
11 (A) When the amount of money or damages or the
12 value of personal property claimed does not exceed
13 $250, a minimum of $15 and a maximum of $22.
14 (B) When that amount exceeds $250 but does not
15 exceed $1000, a minimum of $40 and a maximum of $75.
16 (C) When that amount exceeds $1000 but does
17 not exceed $2500, a minimum of $50 and a maximum of
18 $80.
19 (D) When that amount exceeds $2500 but does
20 not exceed $5000, a minimum of $100 and a maximum of
21 $130.
22 (E) When that amount exceeds $5000 but does
23 not exceed $15,000, $150.
24 (F) For the exercise of eminent domain, $150.
25 For each additional lot or tract of land or right or
26 interest therein subject to be condemned, the
27 damages in respect to which shall require separate
28 assessment by a jury, $150.
29 (G) For the final determination of parking,
30 standing, and compliance violations and final
31 administrative decisions issued after hearings
32 regarding vehicle immobilization and impoundment
33 made pursuant to Sections 3-704.1, 6-306.5, and
34 11-208.3 of the Illinois Vehicle Code, $25.
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1 (b) Forcible Entry and Detainer.
2 In each forcible entry and detainer case when the
3 plaintiff seeks possession only or unites with his or her
4 claim for possession of the property a claim for rent or
5 damages or both in the amount of $15,000 or less, a
6 minimum of $75 and a maximum of $140. When the plaintiff
7 unites his or her claim for possession with a claim for
8 rent or damages or both exceeding $15,000, a minimum of
9 $225 and a maximum of $335.
10 (c) Counterclaim or Joining Third Party Defendant.
11 When any defendant files a counterclaim as part of
12 his or her answer or otherwise or joins another party as
13 a third party defendant, or both, the defendant shall pay
14 a fee for each counterclaim or third party action in an
15 amount equal to the fee he or she would have had to pay
16 had he or she brought a separate action for the relief
17 sought in the counterclaim or against the third party
18 defendant, less the amount of the appearance fee, if that
19 has been paid.
20 (d) Confession of Judgment.
21 In a confession of judgment when the amount does not
22 exceed $1500, a minimum of $60 and a maximum of $70.
23 When the amount exceeds $1500, but does not exceed $5000,
24 a minimum of $75 and a maximum of $150. When the amount
25 exceeds $5000, but does not exceed $15,000, a minimum of
26 $175 and a maximum of $260. When the amount exceeds
27 $15,000, a minimum of $250 and a maximum of $310.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be a minimum of $75 and a maximum of $110, except
31 as follows:
32 (A) When the plaintiff in a forcible entry and
33 detainer case seeks possession only, a minimum of
34 $40 and a maximum of $80.
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1 (B) When the amount in the case does not
2 exceed $1500, a minimum of $40 and a maximum of $80.
3 (C) When that amount exceeds $1500 but does
4 not exceed $15,000, a minimum of $60 and a maximum
5 of $90.
6 (f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, a minimum of $15 and a maximum of $25; when the
10 amount exceeds $1,000 but does not exceed $5,000, a
11 minimum of $30 and a maximum of $45; and when the amount
12 exceeds $5,000, a minimum of $50 and a maximum of $80.
13 (g) Petition to Vacate or Modify.
14 (1) Petition to vacate or modify any final judgment
15 or order of court, except in forcible entry and detainer
16 cases and small claims cases or a petition to reopen an
17 estate, to modify, terminate, or enforce a judgment or
18 order for child or spousal support, or to modify,
19 suspend, or terminate an order for withholding, if filed
20 before 30 days after the entry of the judgment or order,
21 a minimum of $50 and a maximum of $60.
22 (2) Petition to vacate or modify any final judgment
23 or order of court, except a petition to modify,
24 terminate, or enforce a judgment or order for child or
25 spousal support or to modify, suspend, or terminate an
26 order for withholding, if filed later than 30 days after
27 the entry of the judgment or order, a minimum of $75 and
28 a maximum of $90.
29 (3) Petition to vacate order of bond forfeiture, a
30 minimum of $40 and a maximum of $80.
31 (h) Mailing.
32 When the clerk is required to mail, the fee will be
33 a minimum of $10 and a maximum of $15, plus the cost of
34 postage.
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1 (i) Certified Copies.
2 Each certified copy of a judgment after the first,
3 except in small claims and forcible entry and detainer
4 cases, a minimum of $15 and a maximum of $20.
5 (j) Habeas Corpus.
6 For filing a petition for relief by habeas corpus, a
7 minimum of $125 and a maximum of $190.
8 (k) Certification, Authentication, and Reproduction.
9 (1) Each certification or authentication for taking
10 the acknowledgment of a deed or other instrument in
11 writing with the seal of office, a minimum of $6 and a
12 maximum of $9.
13 (2) Court appeals when original documents are
14 forwarded, under 100 pages, plus delivery and costs, a
15 minimum of $75 and a maximum of $110.
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery and costs, a
18 minimum of $150 and a maximum of $185.
19 (4) Court appeals when original documents are
20 forwarded, over 200 pages, an additional fee of a minimum
21 of 25 and a maximum of 30 cents per page.
22 (5) For reproduction of any document contained in
23 the clerk's files:
24 (A) First page, $2.
25 (B) Next 19 pages, 50 cents per page.
26 (C) All remaining pages, 25 cents per page.
27 (l) Remands.
28 In any cases remanded to the Circuit Court from the
29 Supreme Court or the Appellate Court for a new trial, the
30 clerk shall file the remanding order and reinstate the
31 case with either its original number or a new number.
32 The Clerk shall not charge any new or additional fee for
33 the reinstatement. Upon reinstatement the Clerk shall
34 advise the parties of the reinstatement. A party shall
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1 have the same right to a jury trial on remand and
2 reinstatement as he or she had before the appeal, and no
3 additional or new fee or charge shall be made for a jury
4 trial after remand.
5 (m) Record Search.
6 For each record search, within a division or
7 municipal district, the clerk shall be entitled to a
8 search fee of a minimum of $6 and a maximum of $9 for
9 each year searched.
10 (n) Hard Copy.
11 For each page of hard copy print output, when case
12 records are maintained on an automated medium, the clerk
13 shall be entitled to a fee of a minimum of $6 and a
14 maximum of $9.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code, a minimum of
29 $50 and a maximum of $100.
30 (q) Alias Summons.
31 For each alias summons or citation issued by the
32 clerk, a minimum of $5 and a maximum of $6.
33 (r) Other Fees.
34 Any fees not covered in this Section shall be set by
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1 rule or administrative order of the Circuit Court with
2 the approval of the Administrative Office of the Illinois
3 Courts.
4 The clerk of the circuit court may provide
5 additional services for which there is no fee specified
6 by statute in connection with the operation of the
7 clerk's office as may be requested by the public and
8 agreed to by the clerk and approved by the chief judge of
9 the circuit court. Any charges for additional services
10 shall be as agreed to between the clerk and the party
11 making the request and approved by the chief judge of the
12 circuit court. Nothing in this subsection shall be
13 construed to require any clerk to provide any service not
14 otherwise required by law.
15 (s) Jury Services.
16 The clerk shall be entitled to receive, in addition
17 to other fees allowed by law, the sum of a minimum of
18 $212.50 and maximum of $230, as a fee for the services of
19 a jury in every civil action not quasi-criminal in its
20 nature and not a proceeding for the exercise of the right
21 of eminent domain and in every other action wherein the
22 right of trial by jury is or may be given by law. The
23 jury fee shall be paid by the party demanding a jury at
24 the time of filing the jury demand. If the fee is not
25 paid by either party, no jury shall be called in the
26 action or proceeding, and the same shall be tried by the
27 court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, a
30 minimum of $20 and a maximum of $40; for recording the
31 same, a minimum of 50¢ and a maximum of $0.80 for each
32 100 words. Exceptions filed to claims presented to an
33 assignee of a debtor who has made a voluntary assignment
34 for the benefit of creditors shall be considered and
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1 treated, for the purpose of taxing costs therein, as
2 actions in which the party or parties filing the
3 exceptions shall be considered as party or parties
4 plaintiff, and the claimant or claimants as party or
5 parties defendant, and those parties respectively shall
6 pay to the clerk the same fees as provided by this
7 Section to be paid in other actions.
8 (u) Expungement Petition.
9 The clerk shall be entitled to receive a fee of a
10 minimum of $60 and a maximum of $120 for each expungement
11 petition filed and an additional fee of a minimum of $4
12 and a maximum of $8 for each certified copy of an order
13 to expunge arrest records.
14 (v) Probate.
15 The clerk is entitled to receive the fees specified
16 in this subsection (v), which shall be paid in advance,
17 except that, for good cause shown, the court may suspend,
18 reduce, or release the costs payable under this
19 subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person, a
22 minimum of $150 and a maximum of $225, plus the fees
23 specified in subsection (v)(3), except:
24 (A) When the value of the real and personal
25 property does not exceed $15,000, the fee shall be a
26 minimum of $40 and a maximum of $65.
27 (B) When (i) proof of heirship alone is made,
28 (ii) a domestic or foreign will is admitted to
29 probate without administration (including proof of
30 heirship), or (iii) letters of office are issued for
31 a particular purpose without administration of the
32 estate, the fee shall be a minimum of $40 and a
33 maximum of $65.
34 (2) For administration of the estate of a ward, a
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1 minimum of $75 and a maximum of $110, plus the fees
2 specified in subsection (v)(3), except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be a
5 minimum of $40 and a maximum of $65.
6 (B) When (i) letters of office are issued to a
7 guardian of the person or persons, but not of the
8 estate or (ii) letters of office are issued in the
9 estate of a ward without administration of the
10 estate, including filing or joining in the filing of
11 a tax return or releasing a mortgage or consenting
12 to the marriage of the ward, the fee shall be a
13 minimum of $20 and a maximum of $40.
14 (3) In addition to the fees payable under
15 subsection (v)(1) or (v)(2) of this Section, the
16 following fees are payable:
17 (A) For each account (other than one final
18 account) filed in the estate of a decedent, or ward,
19 a minimum of $25 and a maximum of $40.
20 (B) For filing a claim in an estate when the
21 amount claimed is $150 or more but less than $500, a
22 minimum of $20 and a maximum of $40; when the amount
23 claimed is $500 or more but less than $10,000, a
24 minimum of $40 and a maximum of $65; when the amount
25 claimed is $10,000 or more, a minimum of $60 and a
26 maximum of $90; provided that the court in allowing
27 a claim may add to the amount allowed the filing fee
28 paid by the claimant.
29 (C) For filing in an estate a claim, petition,
30 or supplemental proceeding based upon an action
31 seeking equitable relief including the construction
32 or contest of a will, enforcement of a contract to
33 make a will, and proceedings involving testamentary
34 trusts or the appointment of testamentary trustees,
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1 a minimum of $60 and a maximum of $90.
2 (D) For filing in an estate (i) the appearance
3 of any person for the purpose of consent or (ii) the
4 appearance of an executor, administrator,
5 administrator to collect, guardian, guardian ad
6 litem, or special administrator, no fee.
7 (E) Except as provided in subsection
8 (v)(3)(D), for filing the appearance of any person
9 or persons, a minimum of $30 and a maximum of $90.
10 (F) For each jury demand, a minimum of $137.50
11 and a maximum of $180.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, a minimum of $50 and a
17 maximum of $80, less any amount paid under
18 subsection (v)(1)(B) or (v)(2)(B) except that if the
19 amount involved does not exceed $5,000, the fee,
20 including any amount paid under subsection (v)(1)(B)
21 or (v)(2)(B), shall be a minimum of $20 and a
22 maximum of $40.
23 (H) For each certified copy of letters of
24 office, of court order or other certification, a
25 minimum of $2 and a maximum of $4, plus $1 per page
26 in excess of 3 pages for the document certified.
27 (I) For each exemplification, $2, plus the fee
28 for certification.
29 (4) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay the cost of publication by the clerk
32 directly to the newspaper.
33 (5) The person on whose behalf a charge is incurred
34 for witness, court reporter, appraiser, or other
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1 miscellaneous fee shall pay the same directly to the
2 person entitled thereto.
3 (6) The executor, administrator, guardian,
4 petitioner, or other interested person or his or her
5 attorney shall pay to the clerk all postage charges
6 incurred by the clerk in mailing petitions, orders,
7 notices, or other documents pursuant to the provisions of
8 the Probate Act of 1975.
9 (w) Criminal and Quasi-Criminal Costs and Fees.
10 (1) The clerk shall be entitled to costs in all
11 criminal and quasi-criminal cases from each person
12 convicted or sentenced to supervision therein as follows:
13 (A) Felony complaints, a minimum of $125 and a
14 maximum of $190.
15 (B) Misdemeanor complaints, a minimum of $75
16 and a maximum of $110.
17 (C) Business offense complaints, a minimum of
18 $75 and a maximum of $110.
19 (D) Petty offense complaints, a minimum of $75
20 and a maximum of $110.
21 (E) Minor traffic or ordinance violations,
22 $30.
23 (F) When court appearance required, $50.
24 (G) Motions to vacate or amend final orders, a
25 minimum of $40 and a maximum of $80.
26 (H) Motions to vacate bond forfeiture orders,
27 a minimum of $30 and a maximum of $45.
28 (I) Motions to vacate ex parte judgments,
29 whenever filed, a minimum of $30 and a maximum of
30 $45.
31 (J) Motions to vacate judgment on forfeitures,
32 whenever filed, a minimum of $25 and a maximum of
33 $30.
34 (K) Motions to vacate "failure to appear" or
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1 "failure to comply" notices sent to the Secretary of
2 State, a minimum of $40 and a maximum of $50.
3 (2) In counties having a population of 3,000,000 or
4 more, when the violation complaint is issued by a
5 municipal police department, the clerk shall be entitled
6 to costs from each person convicted therein as follows:
7 (A) Minor traffic or ordinance violations,
8 $30.
9 (B) When court appearance required, $50.
10 (3) In ordinance violation cases punishable by fine
11 only, the clerk of the circuit court shall be entitled to
12 receive, unless the fee is excused upon a finding by the
13 court that the defendant is indigent, in addition to
14 other fees or costs allowed or imposed by law, the sum of
15 a minimum of $112.50 and a maximum of $250 as a fee for
16 the services of a jury. The jury fee shall be paid by
17 the defendant at the time of filing his or her jury
18 demand. If the fee is not so paid by the defendant, no
19 jury shall be called, and the case shall be tried by the
20 court without a jury.
21 (x) Transcripts of Judgment.
22 For the filing of a transcript of judgment, the
23 clerk shall be entitled to the same fee as if it were the
24 commencement of a new suit.
25 (y) Change of Venue.
26 (1) For the filing of a change of case on a change
27 of venue, the clerk shall be entitled to the same fee as
28 if it were the commencement of a new suit.
29 (2) The fee for the preparation and certification
30 of a record on a change of venue to another jurisdiction,
31 when original documents are forwarded, a minimum of $40
32 and a maximum of $65.
33 (z) Tax objection complaints.
34 For each tax objection complaint containing one or
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1 more tax objections, regardless of the number of parcels
2 involved or the number of taxpayers joining in the
3 complaint, a minimum of $50 and a maximum of $100.
4 (aa) Tax Deeds.
5 (1) Petition for tax deed, if only one parcel is
6 involved, a minimum of $250 and a maximum of $400.
7 (2) For each additional parcel, add a fee of a
8 minimum of $100 and a maximum of $200.
9 (bb) Collections.
10 (1) For all collections made of others, except the
11 State and county and except in maintenance or child
12 support cases, a sum equal to 3.0% of the amount
13 collected and turned over.
14 (2) Interest earned on any funds held by the clerk
15 shall be turned over to the county general fund as an
16 earning of the office.
17 (3) For any check, draft, or other bank instrument
18 returned to the clerk for non-sufficient funds, account
19 closed, or payment stopped, $25.
20 (4) In child support and maintenance cases, the
21 clerk, if authorized by an ordinance of the county board,
22 may collect an annual fee of up to $36 from the person
23 making payment for maintaining child support records and
24 the processing of support orders to the State of Illinois
25 KIDS system and the recording of payments issued by the
26 State Disbursement Unit for the official record of the
27 Court. This fee shall be in addition to and separate
28 from amounts ordered to be paid as maintenance or child
29 support and shall be deposited into a Separate
30 Maintenance and Child Support Collection Fund, of which
31 the clerk shall be the custodian, ex-officio, to be used
32 by the clerk to maintain child support orders and record
33 all payments issued by the State Disbursement Unit for
34 the official record of the Court. The clerk may recover
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1 from the person making the maintenance or child support
2 payment any additional cost incurred in the collection of
3 this annual fee.
4 The clerk shall also be entitled to a fee of $5 for
5 certifications made to the Secretary of State as provided
6 in Section 7-703 of the Family Financial Responsibility
7 Law and these fees shall also be deposited into the
8 Separate Maintenance and Child Support Collection Fund.
9 (cc) Corrections of Numbers.
10 For correction of the case number, case title, or
11 attorney computer identification number, if required by
12 rule of court, on any document filed in the clerk's
13 office, to be charged against the party that filed the
14 document, a minimum of $25 and a maximum of $40.
15 (dd) Exceptions.
16 (1) The fee requirements of this Section shall not
17 apply to police departments or other law enforcement
18 agencies. In this Section, "law enforcement agency"
19 means an agency of the State or a unit of local
20 government which is vested by law or ordinance with the
21 duty to maintain public order and to enforce criminal
22 laws or ordinances. "Law enforcement agency" also means
23 the Attorney General or any state's attorney.
24 (2) No fee provided herein shall be charged to any
25 unit of local government or school district. The fee
26 requirements of this Section shall not apply to any
27 action instituted under subsection (b) of Section 11-31-1
28 of the Illinois Municipal Code by a private owner or
29 tenant of real property within 1200 feet of a dangerous
30 or unsafe building seeking an order compelling the owner
31 or owners of the building to take any of the actions
32 authorized under that subsection.
33 (ee) Adoption.
34 (1) For an adoption.............................$65
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1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (ff) Adoption exemptions.
7 No fee other than that set forth in subsection (ee)
8 shall be charged to any person in connection with an
9 adoption proceeding nor may any fee be charged for
10 proceedings for the appointment of a confidential
11 intermediary under the Adoption Act.
12 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
13 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)