Rep. Kelly M. Cassidy
Filed: 5/25/2016
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1 | AMENDMENT TO SENATE BILL 3162
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2 | AMENDMENT NO. ______. Amend Senate Bill 3162 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 3. The Counties Code is amended by changing | ||||||
5 | Section 5-39001 as follows: | ||||||
6 | (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
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7 | Sec. 5-39001. Establishment and use; fee. The county board | ||||||
8 | of any
county may establish and maintain a county law library, | ||||||
9 | to be located in
any county building or privately or publicly | ||||||
10 | owned building at the county
seat of government. The term | ||||||
11 | "county building" includes premises leased by
the county from a | ||||||
12 | public building commission created under the Public
Building | ||||||
13 | Commission Act. After August 2, 1976, the county board of any
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14 | county may establish and maintain a county law library at the | ||||||
15 | county seat
of government and, in addition, branch law | ||||||
16 | libraries in other locations
within that county as the county |
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1 | board deems necessary.
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2 | The facilities of those libraries shall be freely available | ||||||
3 | to all
licensed Illinois attorneys, judges, other public | ||||||
4 | officers of the county,
and all members of the public, whenever | ||||||
5 | the court house is open, and may include self-help centers and | ||||||
6 | other legal assistance programs for the public as part of the | ||||||
7 | services it provides on-site and online.
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8 | The expense of establishing and maintaining those | ||||||
9 | libraries shall be
borne by the county. To defray that expense, | ||||||
10 | including the expense of any attendant self-help centers and | ||||||
11 | legal assistance programs, in any county having
established a | ||||||
12 | county law library or libraries, the clerk of all
trial courts | ||||||
13 | located at the county seat of government shall charge and
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14 | collect a county law library fee of $2, and the county board | ||||||
15 | may
authorize a county law library fee of not to exceed $21 | ||||||
16 | through December 31, 2021 and $19 on and after January 1, 2022 | ||||||
17 | (i) $18 in 2009, (ii) $19 in 2010, and (iii) $21 in 2011 and | ||||||
18 | thereafter ,
to be charged and collected by the clerks of all | ||||||
19 | trial courts located in
the county.
The fee shall be paid at | ||||||
20 | the time of filing the first pleading,
paper, or other | ||||||
21 | appearance filed by each party in all civil cases, but no
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22 | additional fee shall be required if more than one party is | ||||||
23 | represented in a
single pleading, paper, or other appearance.
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24 | Each clerk shall commence those charges and collections | ||||||
25 | upon
receipt of written notice from the chairman of the county | ||||||
26 | board that
the board has acted under this Division to establish |
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1 | and
maintain a law library.
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2 | The fees shall be in addition to all other fees and charges | ||||||
3 | of the
clerks, assessable as costs, remitted by the clerks | ||||||
4 | monthly to the county
treasurer, and retained by the county | ||||||
5 | treasurer in a special fund
designated as the County Law | ||||||
6 | Library Fund. Except as otherwise provided in
this paragraph, | ||||||
7 | disbursements from the fund
shall be by the county treasurer, | ||||||
8 | on order of a majority of the resident
circuit judges of the | ||||||
9 | circuit court of the county. In any
county with more than | ||||||
10 | 2,000,000 inhabitants,
the
county board shall
order | ||||||
11 | disbursements from the fund and the presiding officer of the
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12 | county board, with the advice and consent of the county board, | ||||||
13 | may
appoint a library committee of not less than 9 members, | ||||||
14 | who, by majority
vote, may recommend to the county board as to | ||||||
15 | disbursements of
the fund and the operation of the library. In | ||||||
16 | single county circuits with
2,000,000 or fewer
inhabitants, | ||||||
17 | disbursements from the County Law Library Fund shall be made by
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18 | the county treasurer on the order of the chief judge of the | ||||||
19 | circuit court of
the county. In those single county circuits, | ||||||
20 | the number of personnel necessary
to
operate and maintain the | ||||||
21 | county law library shall be set by and those personnel
shall be | ||||||
22 | appointed
by the chief judge. The county law library personnel | ||||||
23 | shall serve at the
pleasure
of the appointing authority. The | ||||||
24 | salaries of those personnel shall be fixed by
the county board | ||||||
25 | of the county.
Orders shall be
pre-audited, funds shall be | ||||||
26 | audited by the county auditor, and
a report of the orders and |
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1 | funds shall be rendered to
the county board and to the judges.
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2 | Fees shall not be charged in any criminal or quasi-criminal
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3 | case, in any matter coming to the clerk on change of venue, or | ||||||
4 | in
any proceeding to review the decision of any administrative | ||||||
5 | officer,
agency, or body.
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6 | No moneys distributed from the County Law Library Fund may | ||||||
7 | be directly or indirectly used for lobbying activities, as | ||||||
8 | defined in Section 2 of the Lobbyist Registration Act or as | ||||||
9 | defined in any ordinance or resolution of a municipality, | ||||||
10 | county, or other unit of local government in Illinois. | ||||||
11 | (Source: P.A. 98-351, eff. 8-15-13.)"; and
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12 | on page 1, by replacing line 5 with the following: | ||||||
13 | "Sections 27.1a, 27.2, 27.2a, 27.3a, 27.7, and 28 as follows:
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14 | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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15 | Sec. 27.1a. The fees of the clerks of the circuit court in | ||||||
16 | all
counties having a population of not more than
500,000 | ||||||
17 | inhabitants in the instances described in this Section
shall be | ||||||
18 | as provided in this Section.
In those instances where a minimum | ||||||
19 | and maximum fee is stated, the clerk of
the circuit court must | ||||||
20 | charge the minimum fee listed and may charge up to the
maximum | ||||||
21 | fee if the county board has by resolution increased the fee.
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22 | The fees shall be paid in advance and
shall be as follows:
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23 | (a) Civil Cases.
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1 | With the following exceptions, the The fee for filing a | ||||||
2 | complaint, petition, or other pleading initiating
a civil | ||||||
3 | action , with the following exceptions, shall be a minimum | ||||||
4 | of $40 and
shall be a maximum of $160 through December 31, | ||||||
5 | 2021 and a maximum of $155 on and after January 1, 2022 .
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6 | (A) When the amount of money or damages or the | ||||||
7 | value of personal
property claimed does not exceed | ||||||
8 | $250, $10.
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9 | (B) When that amount exceeds $250 but does not | ||||||
10 | exceed $500, a minimum
of $10 and a maximum of $20.
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11 | (C) When that amount exceeds $500 but does not | ||||||
12 | exceed $2500, a minimum
of $25 and a maximum of $40.
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13 | (D) When that amount exceeds $2500 but does not | ||||||
14 | exceed $15,000, a
minimum of $25 and a maximum of $75.
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15 | (E) For the exercise of eminent domain, a minimum | ||||||
16 | of $45 and
a maximum of $150. For each additional
lot | ||||||
17 | or tract of land or right or interest therein subject | ||||||
18 | to be condemned,
the damages in respect to which shall | ||||||
19 | require separate assessment by a
jury, a minimum of $45 | ||||||
20 | and a maximum of $150.
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21 | (a-1) Family.
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22 | For filing a petition under the Juvenile Court Act of | ||||||
23 | 1987, $25.
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24 | For filing a petition for a marriage license, $10.
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25 | For performing a marriage in court, $10.
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26 | For filing a petition under the Illinois Parentage Act |
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1 | of 2015, $40.
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2 | (b) Forcible Entry and Detainer.
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3 | In each forcible entry and detainer case when the | ||||||
4 | plaintiff seeks
possession only or unites with his or her | ||||||
5 | claim for possession of the property
a claim for rent or | ||||||
6 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
7 | of $10 and a maximum of $50.
When the plaintiff unites his | ||||||
8 | or her claim for possession with a claim for
rent or | ||||||
9 | damages or both exceeding $15,000, a minimum of $40 and a | ||||||
10 | maximum of
$160.
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11 | (c) Counterclaim or Joining Third Party Defendant.
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12 | When any defendant files a counterclaim as part of his | ||||||
13 | or her
answer or otherwise or joins another party as a | ||||||
14 | third party defendant, or
both, the defendant shall pay a | ||||||
15 | fee for each counterclaim or third
party action in an | ||||||
16 | amount equal to the fee he or she would have had to pay
had | ||||||
17 | he or she brought a separate action for the relief sought | ||||||
18 | in the
counterclaim or against the third party defendant, | ||||||
19 | less the amount of the
appearance fee, if that has been | ||||||
20 | paid.
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21 | (d) Confession of Judgment.
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22 | In a confession of judgment when the amount does not | ||||||
23 | exceed $1500, a
minimum of $20 and a maximum of $50.
When | ||||||
24 | the amount exceeds $1500, but does not exceed $15,000, a
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25 | minimum of $40 and a maximum of $115. When the
amount | ||||||
26 | exceeds $15,000, a minimum of $40 and a maximum of $200.
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1 | (e) Appearance.
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2 | The fee for filing an appearance in each civil case | ||||||
3 | shall be a minimum of
$15 and a maximum of $60,
except as | ||||||
4 | follows:
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5 | (A) When the plaintiff in a forcible entry and | ||||||
6 | detainer case seeks
possession only, a minimum of $10 | ||||||
7 | and a maximum of $50.
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8 | (B) When the amount in the case does not exceed | ||||||
9 | $1500, a minimum of
$10 and a maximum of $30.
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10 | (C) When that amount exceeds $1500 but does not | ||||||
11 | exceed $15,000, a
minimum of $15 and a maximum of $60.
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12 | (f) Garnishment, Wage Deduction, and Citation.
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13 | In garnishment affidavit, wage deduction affidavit, | ||||||
14 | and citation
petition when the amount does not exceed | ||||||
15 | $1,000, a minimum of $5 and a
maximum
of $15; when the | ||||||
16 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
17 | of $5 and a maximum of
$30; and when the amount exceeds
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18 | $5,000, a minimum of $5 and a maximum of $50.
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19 | (g) Petition to Vacate or Modify.
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20 | (1) Petition to vacate or modify any final judgment or | ||||||
21 | order of
court, except in forcible entry and detainer cases | ||||||
22 | and small claims cases
or a petition to reopen an estate, | ||||||
23 | to modify, terminate, or enforce a
judgment or order for | ||||||
24 | child or spousal support, or to modify, suspend, or
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25 | terminate an order for withholding, if filed before 30 days | ||||||
26 | after the entry
of the judgment or order, a minimum of $20 |
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1 | and a maximum of $50.
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2 | (2) Petition to vacate or modify any final judgment or | ||||||
3 | order of court,
except a petition to modify, terminate, or | ||||||
4 | enforce a judgment or order for
child or spousal support or | ||||||
5 | to modify, suspend, or terminate an order for
withholding, | ||||||
6 | if filed later than 30 days after the entry of the judgment | ||||||
7 | or
order, a minimum of $20 and a maximum of $75.
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8 | (3) Petition to vacate order of bond forfeiture, a | ||||||
9 | minimum of $10 and a
maximum of $40.
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10 | (h) Mailing.
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11 | When the clerk is required to mail, the fee will be a | ||||||
12 | minimum of $2 and a
maximum of $10,
plus the cost of | ||||||
13 | postage.
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14 | (i) Certified Copies.
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15 | Each certified copy of a judgment after the first, | ||||||
16 | except in small
claims and forcible entry and detainer | ||||||
17 | cases, a minimum of $2 and a maximum
of $10.
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18 | (j) Habeas Corpus.
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19 | For filing a petition for relief by habeas corpus, a | ||||||
20 | minimum of $60 and a
maximum of $100.
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21 | (k) Certification, Authentication, and Reproduction.
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22 | (1) Each certification or authentication for taking | ||||||
23 | the acknowledgment
of a deed or other instrument in writing | ||||||
24 | with the seal of office, a minimum
of $2 and a maximum of | ||||||
25 | $6.
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26 | (2) Court appeals when original documents are |
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1 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
2 | minimum of $20 and a maximum of $60.
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3 | (3) Court appeals when original documents are | ||||||
4 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
5 | minimum of $50 and a maximum of $150.
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6 | (4) Court appeals when original documents are | ||||||
7 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
8 | of 20 cents and a maximum of 25 cents per page.
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9 | (5) For reproduction of any document contained in the | ||||||
10 | clerk's files:
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11 | (A) First page, a minimum of $1 and a maximum
of | ||||||
12 | $2.
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13 | (B) Next 19 pages, 50 cents per page.
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14 | (C) All remaining pages, 25 cents per page.
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15 | (l) Remands.
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16 | In any cases remanded to the Circuit Court from the | ||||||
17 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
18 | clerk shall file the remanding
order and reinstate the case | ||||||
19 | with either its original number or a new number.
The Clerk | ||||||
20 | shall not charge any new or additional fee for the | ||||||
21 | reinstatement.
Upon reinstatement the Clerk shall advise | ||||||
22 | the parties of the reinstatement. A
party shall have the | ||||||
23 | same right to a jury trial on remand and reinstatement as
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24 | he or she had before the appeal, and no additional or new | ||||||
25 | fee or charge shall
be made for a jury trial after remand.
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26 | (m) Record Search.
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1 | For each record search, within a division or municipal | ||||||
2 | district, the
clerk shall be entitled to a search fee of a | ||||||
3 | minimum of $4 and a maximum of
$6 for each year searched.
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4 | (n) Hard Copy.
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5 | For each page of hard copy print output, when case | ||||||
6 | records are
maintained on an automated medium, the clerk | ||||||
7 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
8 | of $6.
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9 | (o) Index Inquiry and Other Records.
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10 | No fee shall be charged for a single | ||||||
11 | plaintiff/defendant index inquiry
or single case record | ||||||
12 | inquiry when this request is made in person and the
records | ||||||
13 | are maintained in a current automated medium, and when no | ||||||
14 | hard copy
print output is requested. The fees to be charged | ||||||
15 | for management records,
multiple case records, and | ||||||
16 | multiple journal records may be specified by the
Chief | ||||||
17 | Judge pursuant to the guidelines for access and | ||||||
18 | dissemination of
information approved by the Supreme | ||||||
19 | Court.
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20 | (p) (Blank).
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21 | (q) Alias Summons.
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22 | For each alias summons or citation issued by the clerk, | ||||||
23 | a minimum of $2
and a maximum of $5.
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24 | (r) Other Fees.
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25 | Any fees not covered in this Section shall be set by | ||||||
26 | rule or
administrative order of the Circuit Court with the |
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1 | approval of the
Administrative Office of the Illinois | ||||||
2 | Courts.
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3 | The clerk of the circuit court may provide additional | ||||||
4 | services for
which there is no fee specified by statute in | ||||||
5 | connection with the operation
of the clerk's office as may | ||||||
6 | be requested by the public and agreed to by
the clerk and | ||||||
7 | approved by the chief judge of the circuit court. Any
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8 | charges for additional services shall be as agreed to
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9 | between the clerk and the party making the request and | ||||||
10 | approved by the
chief judge of the circuit court. Nothing | ||||||
11 | in this
subsection shall be construed to require any clerk | ||||||
12 | to provide any service
not otherwise required by law.
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13 | (s) Jury Services.
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14 | The clerk shall be entitled to receive, in addition to | ||||||
15 | other fees
allowed by law, the sum of a minimum of $62.50 | ||||||
16 | and a maximum of $212.50, as a fee for the services of a | ||||||
17 | jury in
every civil action not quasi-criminal in its nature | ||||||
18 | and not a proceeding
for the exercise of the right of | ||||||
19 | eminent domain and in every other action
wherein the right | ||||||
20 | of trial by jury is or may be given by law. The jury fee
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21 | shall be paid by the party demanding a jury at the time of | ||||||
22 | filing the jury
demand. If the fee is not paid by either | ||||||
23 | party, no jury shall be called in
the action or proceeding, | ||||||
24 | and the same shall be tried by the court without
a jury.
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25 | (t) Voluntary Assignment.
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26 | For filing each deed of voluntary assignment, a minimum |
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1 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
2 | minimum of 25 cents and a maximum of 50 cents for each
100 | ||||||
3 | words. Exceptions filed to claims presented
to an assignee | ||||||
4 | of a debtor who has made a voluntary assignment for the
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5 | benefit of creditors shall be considered and treated, for | ||||||
6 | the purpose of
taxing costs therein, as actions in which | ||||||
7 | the party or parties filing
the exceptions shall be | ||||||
8 | considered as party or parties plaintiff, and
the claimant | ||||||
9 | or claimants as party or parties defendant, and those
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10 | parties respectively shall pay to the clerk the same fees
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11 | as provided by this Section to be paid in other actions.
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12 | (u) Expungement Petition.
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13 | The clerk shall be entitled to receive a fee of a | ||||||
14 | minimum of $15 and a
maximum of $60 for each
expungement | ||||||
15 | petition filed and an additional fee of a minimum of $2 and | ||||||
16 | a
maximum of $4 for each certified
copy of an order to | ||||||
17 | expunge arrest records.
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18 | (v) Probate.
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19 | The clerk is entitled to receive the fees
specified in | ||||||
20 | this subsection (v), which shall be paid in advance,
except | ||||||
21 | that, for good cause shown, the court may suspend, reduce, | ||||||
22 | or
release the costs payable under this subsection:
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23 | (1) For administration of the estate of a decedent | ||||||
24 | (whether testate
or intestate) or of a missing person, a | ||||||
25 | minimum of $50 and a maximum of
$150, plus the fees | ||||||
26 | specified in
subsection (v)(3), except:
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1 | (A) When the value of the real and personal | ||||||
2 | property does not exceed
$15,000, the fee shall be a | ||||||
3 | minimum of $25 and a maximum of $40.
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4 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
5 | a domestic or
foreign will is admitted to probate | ||||||
6 | without administration (including
proof of heirship), | ||||||
7 | or (iii) letters of office are issued for a particular
| ||||||
8 | purpose without administration of the estate, the fee | ||||||
9 | shall be a minimum of
$10 and a maximum of $40.
| ||||||
10 | (C) For filing a petition to sell Real Estate, $50.
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11 | (2) For administration of the estate of a ward, a | ||||||
12 | minimum of $50 and a
maximum of $75,
plus the fees | ||||||
13 | specified in subsection (v)(3), except:
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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.
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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 estate, | ||||||
21 | including filing or joining in
the filing of a tax | ||||||
22 | return or releasing a mortgage or consenting to the
| ||||||
23 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
24 | and a maximum of
$20.
| ||||||
25 | (C) For filing a Petition to sell Real Estate, $50.
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26 | (3) In addition to the fees payable under subsection |
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| |||||||
1 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
2 | payable:
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3 | (A) For each account (other than one final account) | ||||||
4 | filed in the
estate of a decedent, or ward, a minimum | ||||||
5 | of $10 and a maximum of $25.
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6 | (B) For filing a claim in an estate when the amount | ||||||
7 | claimed is $150
or more but less than $500, a minimum | ||||||
8 | of $10 and a maximum of $25;
when the amount claimed is | ||||||
9 | $500 or more
but less than $10,000, a minimum of $10 | ||||||
10 | and a maximum of $40; when
the amount claimed is | ||||||
11 | $10,000 or more, a minimum of $10 and a maximum of
$60; | ||||||
12 | provided that the court in allowing a claim may add to | ||||||
13 | the
amount
allowed the filing fee paid by the claimant.
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14 | (C) For filing in an estate a claim, petition, or | ||||||
15 | supplemental
proceeding based upon an action seeking | ||||||
16 | equitable relief including the
construction or contest | ||||||
17 | of a will, enforcement of a contract to make a
will, | ||||||
18 | and proceedings involving testamentary trusts or the | ||||||
19 | appointment of
testamentary trustees, a minimum of $40 | ||||||
20 | and a maximum of $60.
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21 | (D) For filing in an estate (i) the appearance of | ||||||
22 | any person for the
purpose of consent or (ii) the | ||||||
23 | appearance of an executor, administrator,
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24 | administrator to collect, guardian, guardian ad litem, | ||||||
25 | or special
administrator, no fee.
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26 | (E) Except as provided in subsection (v)(3)(D), |
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1 | for filing the
appearance of any person or persons, a | ||||||
2 | minimum of $10 and a maximum of $30.
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3 | (F) For each jury demand, a minimum of $62.50 and a | ||||||
4 | maximum of
$137.50.
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5 | (G) For disposition of the collection of a judgment | ||||||
6 | or settlement of
an action or claim for wrongful death | ||||||
7 | of a decedent or of any cause of
action of a ward, when | ||||||
8 | there is no other administration of the estate, a
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9 | minimum of $30 and a maximum of $50,
less any amount | ||||||
10 | paid under subsection (v)(1)(B) or (v)(2)(B) except | ||||||
11 | that if
the amount involved does not exceed $5,000, the | ||||||
12 | fee, including any amount
paid under subsection | ||||||
13 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
| ||||||
14 | maximum of $20.
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15 | (H) For each certified copy of letters of office, | ||||||
16 | of court order or
other certification, a minimum of $1 | ||||||
17 | and a maximum of $2, plus a
minimum of 50 cents and a | ||||||
18 | maximum of $1 per page in excess of 3 pages
for the
| ||||||
19 | document certified.
| ||||||
20 | (I) For each exemplification, a minimum of $1 and a | ||||||
21 | maximum of $2, plus the fee for certification.
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22 | (4) The executor, administrator, guardian, petitioner,
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23 | or other interested person or his or her attorney shall pay | ||||||
24 | the cost of
publication by the clerk directly to the | ||||||
25 | newspaper.
| ||||||
26 | (5) The person on whose behalf a charge is incurred for |
| |||||||
| |||||||
1 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
2 | fee shall pay the same
directly to the person entitled | ||||||
3 | thereto.
| ||||||
4 | (6) The executor, administrator, guardian, petitioner, | ||||||
5 | or other
interested person or his or her attorney shall pay | ||||||
6 | to the clerk all postage
charges incurred by the clerk in | ||||||
7 | mailing petitions, orders, notices, or
other documents | ||||||
8 | pursuant to the provisions of 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 $40 and a | ||||||
14 | maximum of $100.
| ||||||
15 | (B) Misdemeanor complaints, a minimum of $25 and a | ||||||
16 | maximum of $75.
| ||||||
17 | (C) Business offense complaints, a minimum of $25 | ||||||
18 | and a maximum of
$75.
| ||||||
19 | (D) Petty offense complaints, a minimum of $25 and | ||||||
20 | a maximum of $75.
| ||||||
21 | (E) Minor traffic or ordinance violations, $10.
| ||||||
22 | (F) When court appearance required, $15.
| ||||||
23 | (G) Motions to vacate or amend final orders, a | ||||||
24 | minimum of $20 and a
maximum of $40.
| ||||||
25 | (H) Motions to vacate bond forfeiture orders, a | ||||||
26 | minimum of $20 and
a maximum of $40.
|
| |||||||
| |||||||
1 | (I) Motions to vacate ex parte judgments, whenever | ||||||
2 | filed, a minimum of
$20 and a maximum of $40.
| ||||||
3 | (J) Motions to vacate judgment on forfeitures, | ||||||
4 | whenever filed, a
minimum of $20 and a maximum of $40.
| ||||||
5 | (K) Motions to vacate "failure to appear" or | ||||||
6 | "failure to comply"
notices sent to the Secretary of | ||||||
7 | State, a minimum of $20 and a maximum of
$40.
| ||||||
8 | (2) In counties having a population of not
more
than | ||||||
9 | 500,000 inhabitants, when the violation complaint is
| ||||||
10 | issued by a
municipal police department, the clerk shall be | ||||||
11 | entitled to costs from each
person convicted therein as | ||||||
12 | follows:
| ||||||
13 | (A) Minor traffic or ordinance violations, $10.
| ||||||
14 | (B) When court appearance required, $15.
| ||||||
15 | (3) In ordinance violation cases punishable by fine | ||||||
16 | only, the clerk
of the circuit court shall be entitled to | ||||||
17 | receive, unless the fee is
excused upon a finding by the | ||||||
18 | court that the defendant is indigent, in
addition to other | ||||||
19 | fees or costs allowed or imposed by law, the sum of a
| ||||||
20 | minimum of $62.50 and a maximum of $137.50
as a fee for the | ||||||
21 | services of a jury. The jury fee shall be paid by the
| ||||||
22 | defendant at the time of filing his or her jury demand. If | ||||||
23 | the fee is not
so paid by the defendant, no jury shall be | ||||||
24 | called, and the case shall be
tried by the court without a | ||||||
25 | jury.
| ||||||
26 | (x) Transcripts of Judgment.
|
| |||||||
| |||||||
1 | For the filing of a transcript of judgment, the clerk | ||||||
2 | shall be entitled
to the same fee as if it were the | ||||||
3 | commencement of a new suit.
| ||||||
4 | (y) Change of Venue.
| ||||||
5 | (1) For the filing of a change of case on a change of | ||||||
6 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
7 | were the commencement of a new suit.
| ||||||
8 | (2) The fee for the preparation and certification of a | ||||||
9 | record on a
change of venue to another jurisdiction, when | ||||||
10 | original documents are
forwarded, a minimum of $10 and a | ||||||
11 | maximum of $40.
| ||||||
12 | (z) Tax objection complaints.
| ||||||
13 | For each tax objection complaint containing one or more | ||||||
14 | tax
objections, regardless of the number of parcels | ||||||
15 | involved or the number of
taxpayers joining on the | ||||||
16 | complaint, a minimum of $10 and a maximum of $50.
| ||||||
17 | (aa) Tax Deeds.
| ||||||
18 | (1) Petition for tax deed, if only one parcel is | ||||||
19 | involved, a minimum of
$45 and a maximum of $200.
| ||||||
20 | (2) For each additional parcel, add a fee of a minimum | ||||||
21 | of $10 and a
maximum of $60.
| ||||||
22 | (bb) Collections.
| ||||||
23 | (1) For all collections made of others, except the | ||||||
24 | State and county
and except in maintenance or child support | ||||||
25 | cases, a sum equal to a
minimum of 2% and a maximum of 2.5% | ||||||
26 | of
the amount collected and turned over.
|
| |||||||
| |||||||
1 | (2) Interest earned on any funds held by the clerk | ||||||
2 | shall be turned
over to the county general fund as an | ||||||
3 | earning of the office.
| ||||||
4 | (3) For any check, draft, or other bank instrument | ||||||
5 | returned to the
clerk for non-sufficient funds, account | ||||||
6 | closed, or
payment stopped, $25.
| ||||||
7 | (4) In child support and maintenance cases, the clerk, | ||||||
8 | if authorized by an
ordinance of the county board, may | ||||||
9 | collect an annual fee of up to $36 from
the person making | ||||||
10 | payment for maintaining child support records and the
| ||||||
11 | processing of support orders to the State of Illinois KIDS | ||||||
12 | system and the
recording of payments issued by the State | ||||||
13 | Disbursement Unit for the official
record of the Court. | ||||||
14 | This fee shall be in addition
to and separate from amounts | ||||||
15 | ordered to be paid as maintenance or child
support and | ||||||
16 | shall be deposited into a Separate Maintenance and Child | ||||||
17 | Support
Collection Fund, of which the clerk shall be the | ||||||
18 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
19 | child support orders and record all payments
issued by the | ||||||
20 | State Disbursement Unit for the official record of the | ||||||
21 | Court.
The clerk may recover from the person making the | ||||||
22 | maintenance or child support
payment any additional cost | ||||||
23 | incurred in the collection of this annual
fee.
| ||||||
24 | The clerk shall also be entitled to a fee of $5 for | ||||||
25 | certifications made
to the Secretary of State as provided | ||||||
26 | in Section 7-703 of the Family
Financial Responsibility Law |
| |||||||
| |||||||
1 | and these fees shall also be deposited into the
Separate | ||||||
2 | Maintenance and Child Support Collection Fund.
| ||||||
3 | (cc) Corrections of Numbers.
| ||||||
4 | For correction of the case number, case
title, or | ||||||
5 | attorney computer identification number, if required by | ||||||
6 | rule of
court, on any document filed in the clerk's office, | ||||||
7 | to be charged against
the party that filed the document, a | ||||||
8 | minimum of $10 and a maximum of $25.
| ||||||
9 | (dd) Exceptions.
| ||||||
10 | (1) The fee requirements of this Section shall not | ||||||
11 | apply to police
departments or other law enforcement | ||||||
12 | agencies. In this Section, "law
enforcement agency" means | ||||||
13 | an agency of the State or a unit of local
government which | ||||||
14 | is vested by law or ordinance with the duty to maintain
| ||||||
15 | public order and to enforce criminal laws or ordinances. | ||||||
16 | "Law enforcement
agency" also means the Attorney General or | ||||||
17 | any state's attorney.
| ||||||
18 | (2) No fee provided herein shall be charged to any unit | ||||||
19 | of local
government or school district.
| ||||||
20 | (3) The fee requirements of this Section shall not | ||||||
21 | apply to any action
instituted under subsection (b) of | ||||||
22 | Section 11-31-1 of the Illinois Municipal
Code by a private | ||||||
23 | owner or tenant of real property within 1200 feet of a
| ||||||
24 | dangerous or unsafe building seeking an order compelling | ||||||
25 | the owner or owners of
the building to take any of the | ||||||
26 | actions authorized under that subsection.
|
| |||||||
| |||||||
1 | (4) The fee requirements of this Section shall not | ||||||
2 | apply to the filing of
any
commitment petition or petition | ||||||
3 | for an order authorizing the administration of | ||||||
4 | psychotropic medication or electroconvulsive therapy
under | ||||||
5 | the Mental Health and
Developmental Disabilities Code.
| ||||||
6 | (ee) Adoptions.
| ||||||
7 | (1) For an adoption ...............................$65
| ||||||
8 | (2) Upon good cause shown, the court may waive the | ||||||
9 | adoption filing fee in
a special needs adoption. The term | ||||||
10 | "special needs adoption" shall have the
meaning ascribed to | ||||||
11 | it by the Illinois Department of Children and Family
| ||||||
12 | Services.
| ||||||
13 | (ff) Adoption exemptions.
| ||||||
14 | No fee other than that set forth in subsection (ee) | ||||||
15 | shall be charged to any
person in connection with an | ||||||
16 | adoption proceeding nor may any fee be charged for
| ||||||
17 | proceedings for the appointment of a confidential | ||||||
18 | intermediary under the
Adoption Act.
| ||||||
19 | (Source: P.A. 99-85, eff. 1-1-16 .)
| ||||||
20 | (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
| ||||||
21 | Sec. 27.2. The fees of the clerks of the circuit court in | ||||||
22 | all
counties having a population in excess of 500,000 | ||||||
23 | inhabitants
but less than 3,000,000 inhabitants in the | ||||||
24 | instances described in this Section
shall be as provided in | ||||||
25 | this Section.
In those instances where a minimum and maximum |
| |||||||
| |||||||
1 | fee is stated, counties with
more than 500,000 inhabitants but | ||||||
2 | less than 3,000,000 inhabitants must charge
the minimum fee | ||||||
3 | listed in this Section and may charge up to the maximum fee if
| ||||||
4 | the county board has by resolution increased the fee.
In | ||||||
5 | addition, the minimum fees authorized in this
Section shall | ||||||
6 | apply to all units of local government and school districts
in | ||||||
7 | counties with more than 3,000,000 inhabitants. The fees shall | ||||||
8 | be paid
in advance and shall be as follows:
| ||||||
9 | (a) Civil Cases.
| ||||||
10 | With the following exceptions, the The fee for filing a | ||||||
11 | complaint, petition, or other pleading initiating
a civil | ||||||
12 | action , with the following exceptions, shall be a minimum | ||||||
13 | of $150
and shall be a maximum of $190 through December 31, | ||||||
14 | 2021 and a maximum of $185 on and after January 1, 2022 .
| ||||||
15 | (A) When the amount of money or damages or the | ||||||
16 | value of personal
property claimed does not exceed | ||||||
17 | $250, a minimum of $10 and a maximum of
$15.
| ||||||
18 | (B) When that amount exceeds $250 but does not | ||||||
19 | exceed $1,000, a minimum of $20 and a maximum of $40.
| ||||||
20 | (C) When that amount exceeds $1,000 but does not | ||||||
21 | exceed
$2500, a minimum
of $30 and a maximum of $50.
| ||||||
22 | (D) When that amount exceeds $2500 but does not | ||||||
23 | exceed $5,000, a minimum of $75 and a maximum of $100.
| ||||||
24 | (D-5) When the amount exceeds $5,000 but does not | ||||||
25 | exceed $15,000, a
minimum of $75 and a maximum of $150.
| ||||||
26 | (E) For the exercise of eminent domain, $150. For |
| |||||||
| |||||||
1 | each
additional lot or tract of land or right or | ||||||
2 | interest therein subject to be
condemned, the damages | ||||||
3 | in respect to which shall require separate
assessment | ||||||
4 | by a jury, $150.
| ||||||
5 | (F) No fees shall be charged by the clerk to a | ||||||
6 | petitioner in any
order of
protection including, but | ||||||
7 | not limited to, filing, modifying, withdrawing,
| ||||||
8 | certifying, or
photocopying petitions for orders of | ||||||
9 | protection, or for issuing alias summons,
or for any
| ||||||
10 | related filing service, certifying, modifying, | ||||||
11 | vacating, or
photocopying any
orders of protection.
| ||||||
12 | (b) Forcible Entry and Detainer.
| ||||||
13 | In each forcible entry and detainer case when the | ||||||
14 | plaintiff seeks
possession only or unites with his or her | ||||||
15 | claim for possession of the property
a claim for rent or | ||||||
16 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
17 | of $40 and a maximum of $75.
When the plaintiff unites his | ||||||
18 | or her claim for possession with a claim for
rent or | ||||||
19 | damages or both exceeding $15,000, a minimum of $150 and a
| ||||||
20 | maximum of $225.
| ||||||
21 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
22 | When any defendant files a counterclaim as part of his | ||||||
23 | or her
answer or otherwise or joins another party as a | ||||||
24 | third party defendant, or
both, the defendant shall pay a | ||||||
25 | fee for each counterclaim or third
party action in an | ||||||
26 | amount equal to the fee he or she would have had to pay
had |
| |||||||
| |||||||
1 | he or she brought a separate action for the relief sought | ||||||
2 | in the
counterclaim or against the third party defendant, | ||||||
3 | less the amount of the
appearance fee, if that has been | ||||||
4 | paid.
| ||||||
5 | (d) Confession of Judgment.
| ||||||
6 | In a confession of judgment when the amount does not | ||||||
7 | exceed $1500, a
minimum of $50 and a maximum of $60. When | ||||||
8 | the amount exceeds
$1500, but does not exceed $5,000, $75.
| ||||||
9 | When the amount exceeds $5,000, but does not exceed
| ||||||
10 | $15,000, $175.
When the amount exceeds $15,000, a minimum | ||||||
11 | of $200 and a maximum of
$250.
| ||||||
12 | (e) Appearance.
| ||||||
13 | The fee for filing an appearance in each civil case | ||||||
14 | shall be a minimum
of $50 and a maximum of $75,
except as | ||||||
15 | follows:
| ||||||
16 | (A) When the plaintiff in a forcible entry and | ||||||
17 | detainer case seeks
possession only, a minimum of $20 | ||||||
18 | and a maximum of $40.
| ||||||
19 | (B) When the amount in the case does not exceed | ||||||
20 | $1500, a minimum of
$20 and a maximum of $40.
| ||||||
21 | (C) When the amount in the case exceeds $1500 but | ||||||
22 | does
not exceed $15,000, a minimum of $40 and a maximum | ||||||
23 | of $60.
| ||||||
24 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
25 | In garnishment affidavit, wage deduction affidavit, | ||||||
26 | and citation
petition when the amount does not exceed |
| |||||||
| |||||||
1 | $1,000, a minimum of $10 and a
maximum of $15; when the | ||||||
2 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
3 | of $20 and a maximum
of $30; and when the amount exceeds
| ||||||
4 | $5,000, a minimum of $30 and a maximum of $50.
| ||||||
5 | (g) Petition to Vacate
or Modify.
| ||||||
6 | (1) Petition to vacate
or modify any final judgment or | ||||||
7 | order of court,
except in forcible entry and detainer cases | ||||||
8 | and small claims cases or a
petition to reopen an estate, | ||||||
9 | to modify, terminate, or enforce a
judgment or order for | ||||||
10 | child or spousal support, or to modify, suspend, or
| ||||||
11 | terminate an order for withholding, if filed before 30 days | ||||||
12 | after the entry
of the judgment or order, a minimum of $40 | ||||||
13 | and a maximum of $50.
| ||||||
14 | (2) Petition to vacate
or modify any final judgment
or | ||||||
15 | order of court, except a petition to modify, terminate, or | ||||||
16 | enforce a
judgment or order for child or spousal support or | ||||||
17 | to modify, suspend, or
terminate an order for withholding, | ||||||
18 | if filed later than 30 days
after the entry of the judgment | ||||||
19 | or order, a minimum of $60 and a maximum
of $75.
| ||||||
20 | (3) Petition to vacate order of bond forfeiture, a | ||||||
21 | minimum of $20
and a maximum of $40.
| ||||||
22 | (h) Mailing.
| ||||||
23 | When the clerk is required to mail, the fee will be a | ||||||
24 | minimum of $6
and a maximum of $10, plus the cost of | ||||||
25 | postage.
| ||||||
26 | (i) Certified Copies.
|
| |||||||
| |||||||
1 | Each certified copy of a judgment after the first, | ||||||
2 | except in small
claims and forcible entry and detainer | ||||||
3 | cases, a minimum of $10 and a
maximum of $15.
| ||||||
4 | (j) Habeas Corpus.
| ||||||
5 | For filing a petition for relief by habeas corpus, a | ||||||
6 | minimum of $80
and a maximum of $125.
| ||||||
7 | (k) Certification, Authentication, and Reproduction.
| ||||||
8 | (1) Each certification or authentication for taking | ||||||
9 | the acknowledgment
of a deed or other instrument in writing | ||||||
10 | with the seal of office, a minimum
of $4 and a maximum of | ||||||
11 | $6.
| ||||||
12 | (2) Court appeals when original documents are | ||||||
13 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
14 | minimum of $50 and a maximum of $75.
| ||||||
15 | (3) Court appeals when original documents are | ||||||
16 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
17 | minimum of $120 and a maximum of $150.
| ||||||
18 | (4) Court appeals when original documents are | ||||||
19 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
20 | of 20 and a maximum of 25 cents
per page.
| ||||||
21 | (5) For reproduction of any document contained in the | ||||||
22 | 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.
|
| |||||||
| |||||||
1 | In any cases remanded to the Circuit Court from the | ||||||
2 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
3 | clerk shall file the remanding
order and reinstate the case | ||||||
4 | with either its original number or a new number.
The Clerk | ||||||
5 | shall not
charge any new or additional fee for the | ||||||
6 | reinstatement. Upon reinstatement the
Clerk shall advise | ||||||
7 | the parties of the reinstatement. A party shall have the
| ||||||
8 | same right to a jury trial on remand and reinstatement as | ||||||
9 | he or she had before
the appeal, and no additional or new | ||||||
10 | fee or charge shall be made for a jury
trial after remand.
| ||||||
11 | (m) Record Search.
| ||||||
12 | For each record search, within a division or municipal | ||||||
13 | district, the
clerk shall be entitled to a search fee of a | ||||||
14 | minimum of $4 and a maximum
of $6 for each year searched.
| ||||||
15 | (n) Hard Copy.
| ||||||
16 | For each page of hard copy print output, when case | ||||||
17 | records are
maintained on an automated medium, the clerk | ||||||
18 | shall be entitled to a fee of a
minimum of $4 and a maximum | ||||||
19 | of $6.
| ||||||
20 | (o) Index Inquiry and Other Records.
| ||||||
21 | No fee shall be charged for a single | ||||||
22 | plaintiff/defendant index inquiry
or single case record | ||||||
23 | inquiry when this request is made in person and the
records | ||||||
24 | are maintained in a current automated medium, and when no | ||||||
25 | hard copy
print output is requested. The fees to be charged | ||||||
26 | for management records,
multiple case records, and |
| |||||||
| |||||||
1 | multiple journal records may be specified by the
Chief | ||||||
2 | Judge pursuant to the guidelines for access and | ||||||
3 | dissemination of
information approved by the Supreme | ||||||
4 | Court.
| ||||||
5 | (p) (Blank).
| ||||||
6 | (q) Alias Summons.
| ||||||
7 | For each alias summons or citation issued by the clerk, | ||||||
8 | a minimum of $4
and a maximum of $5.
| ||||||
9 | (r) Other Fees.
| ||||||
10 | Any fees not covered in this Section shall be set by | ||||||
11 | rule or
administrative order of the Circuit Court with the | ||||||
12 | approval of the
Administrative Office of the Illinois | ||||||
13 | Courts.
| ||||||
14 | The clerk of the circuit court may provide additional | ||||||
15 | services for
which there is no fee specified by statute in | ||||||
16 | connection with the operation
of the clerk's office as may | ||||||
17 | be requested by the public and agreed to by
the clerk and | ||||||
18 | approved by the chief judge of the circuit court. Any
| ||||||
19 | charges for additional services shall be as agreed to
| ||||||
20 | between the clerk and the party making the request and | ||||||
21 | approved by the
chief judge of the circuit court. Nothing | ||||||
22 | in this
subsection shall be construed to require any clerk | ||||||
23 | to provide any service
not otherwise required by law.
| ||||||
24 | (s) Jury Services.
| ||||||
25 | The clerk shall be entitled to receive, in
addition to | ||||||
26 | other fees allowed by law, the sum of a minimum of $192.50
|
| |||||||
| |||||||
1 | and a maximum of $212.50, as a fee for the
services of a | ||||||
2 | jury in every civil action not quasi-criminal in its
nature | ||||||
3 | and not a proceeding for the exercise of the right of | ||||||
4 | eminent
domain and in every other action wherein the right | ||||||
5 | of trial by jury
is or may be given by law. The jury fee | ||||||
6 | shall be paid by the party
demanding a jury at the time of | ||||||
7 | filing the jury demand. If the fee is
not paid by either | ||||||
8 | party, no jury shall be called in the action or
proceeding, | ||||||
9 | and the same shall be tried by the court without a jury.
| ||||||
10 | (t) Voluntary Assignment.
| ||||||
11 | For filing each deed of voluntary assignment, a minimum | ||||||
12 | of $10 and a
maximum of $20; for recording
the same, a | ||||||
13 | minimum of 25ยข and a maximum of 50ยข for each 100 words.
| ||||||
14 | Exceptions filed to claims presented
to an assignee of a | ||||||
15 | debtor who has made a voluntary assignment for the
benefit | ||||||
16 | of creditors shall be considered and treated, for the | ||||||
17 | purpose of
taxing costs therein, as actions in which the | ||||||
18 | party or parties filing
the exceptions shall be considered | ||||||
19 | as party or parties plaintiff, and
the claimant or | ||||||
20 | claimants as party or parties defendant, and those
parties | ||||||
21 | respectively shall pay to the clerk the same fees
as | ||||||
22 | provided by this 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 and |
| |||||||
| |||||||
1 | a maximum of
$4 for each certified copy of an order to | ||||||
2 | expunge arrest records.
| ||||||
3 | (v) Probate.
| ||||||
4 | The clerk is entitled to receive the fees specified in | ||||||
5 | this subsection
(v), which shall be paid in advance, except | ||||||
6 | that, for good cause shown, the
court may suspend, reduce, | ||||||
7 | or release the costs payable under this subsection:
| ||||||
8 | (1) For administration of the estate of a decedent | ||||||
9 | (whether testate
or intestate) or of a missing person, a | ||||||
10 | minimum of $100 and a maximum of
$150, plus the fees | ||||||
11 | specified in
subsection (v)(3), except:
| ||||||
12 | (A) When the value of the real and personal | ||||||
13 | property does not exceed
$15,000, the fee shall be a | ||||||
14 | minimum of $25 and a maximum of $40.
| ||||||
15 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
16 | a domestic or
foreign will is admitted to probate | ||||||
17 | without administration (including
proof of heirship), | ||||||
18 | or (iii) letters of office are issued for a particular
| ||||||
19 | purpose without administration of the estate, the fee | ||||||
20 | shall be a minimum of
$25 and a maximum of $40.
| ||||||
21 | (2) For administration of the estate of a ward, a | ||||||
22 | minimum of $50 and
a maximum of $75,
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 $25 and a maximum of $40.
|
| |||||||
| |||||||
1 | (B) When (i) letters of office are issued to a | ||||||
2 | guardian of the
person or persons, but not of the | ||||||
3 | estate or (ii) letters of office are
issued in the
| ||||||
4 | estate of a ward without administration of the estate, | ||||||
5 | including filing or
joining in the filing of a tax | ||||||
6 | return or releasing a mortgage or consenting
to the | ||||||
7 | marriage of the ward, the fee shall be a minimum of $10 | ||||||
8 | and a
maximum
of $20.
| ||||||
9 | (3) In addition to the fees payable under subsection | ||||||
10 | (v)(1) or (v)(2)
of this Section, the following fees are | ||||||
11 | payable:
| ||||||
12 | (A) For each account (other than one final account) | ||||||
13 | filed in the
estate of a decedent, or ward, a minimum | ||||||
14 | of $15 and a maximum of $25.
| ||||||
15 | (B) For filing a claim in an estate when the amount | ||||||
16 | claimed is $150
or more but less than $500, a minimum | ||||||
17 | of $10 and a maximum of $20; when
the amount claimed is | ||||||
18 | $500 or
more but less than $10,000, a minimum of $25 | ||||||
19 | and a maximum of $40; when
the amount claimed is | ||||||
20 | $10,000 or more, a minimum of $40 and a maximum of
$60; | ||||||
21 | provided that the court in allowing a claim may add to | ||||||
22 | the amount
allowed
the filing fee paid by the claimant.
| ||||||
23 | (C) For filing in an estate a claim, petition, or | ||||||
24 | supplemental
proceeding based upon an action seeking | ||||||
25 | equitable relief including the
construction or contest | ||||||
26 | of a will, enforcement of a contract to make a
will, |
| |||||||
| |||||||
1 | and proceedings involving testamentary trusts or the | ||||||
2 | appointment of
testamentary trustees, a minimum of $40 | ||||||
3 | and a maximum of $60.
| ||||||
4 | (D) For filing in an estate (i) the appearance of | ||||||
5 | any person for the
purpose of consent or (ii) the | ||||||
6 | appearance of an executor, administrator,
| ||||||
7 | administrator to collect, guardian, guardian ad litem, | ||||||
8 | or special
administrator, no fee.
| ||||||
9 | (E) Except as provided in subsection (v)(3)(D), | ||||||
10 | for filing the
appearance of any person or persons, a | ||||||
11 | minimum of $10 and a maximum of
$30.
| ||||||
12 | (F) For each jury demand, a minimum of $102.50 and | ||||||
13 | a maximum of
$137.50.
| ||||||
14 | (G) For disposition of the collection of a judgment | ||||||
15 | or settlement of
an action or claim for wrongful death | ||||||
16 | of a decedent or of any cause of
action of a ward, when | ||||||
17 | there is no other administration
of the estate, a | ||||||
18 | minimum of $30 and a maximum of $50, less any amount
| ||||||
19 | paid under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
20 | that if the amount involved does not exceed
$5,000, the | ||||||
21 | fee, including any amount paid under subsection | ||||||
22 | (v)(1)(B) or
(v)(2)(B), shall be a minimum of $10 and a | ||||||
23 | maximum of $20.
| ||||||
24 | (H) For each certified copy of letters of office, | ||||||
25 | of court order or
other certification, a minimum of $1 | ||||||
26 | and a maximum of $2, plus a
minimum of 50ยข and a |
| |||||||
| |||||||
1 | maximum of $1 per page in excess of 3 pages for the
| ||||||
2 | document certified.
| ||||||
3 | (I) For each exemplification, a minimum of $1 and a | ||||||
4 | maximum of
$2, plus the fee for certification.
| ||||||
5 | (4) The executor, administrator, guardian, petitioner,
| ||||||
6 | or other interested person or his or her attorney shall pay | ||||||
7 | the cost of
publication by the clerk directly to the | ||||||
8 | newspaper.
| ||||||
9 | (5) The person on whose behalf a charge is incurred for | ||||||
10 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
11 | fee shall pay the same
directly to the person entitled | ||||||
12 | thereto.
| ||||||
13 | (6) The executor, administrator, guardian, petitioner,
| ||||||
14 | or other interested person or his attorney shall pay to the | ||||||
15 | clerk all
postage charges incurred by the clerk in mailing | ||||||
16 | petitions, orders,
notices, or other documents pursuant to | ||||||
17 | the provisions of the Probate Act
of 1975.
| ||||||
18 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
19 | (1) The clerk shall be entitled to costs in all | ||||||
20 | criminal
and quasi-criminal cases from each person | ||||||
21 | convicted or sentenced to
supervision therein as follows:
| ||||||
22 | (A) Felony complaints, a minimum of $80 and a | ||||||
23 | maximum of $125.
| ||||||
24 | (B) Misdemeanor complaints, a minimum of $50 and a | ||||||
25 | maximum of
$75.
| ||||||
26 | (C) Business offense complaints, a minimum of $50 |
| |||||||
| |||||||
1 | and a maximum of
$75.
| ||||||
2 | (D) Petty offense complaints, a minimum of $50 and | ||||||
3 | a maximum of
$75.
| ||||||
4 | (E) Minor traffic or ordinance violations, $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, a | ||||||
9 | minimum of $20 and
a maximum of $30.
| ||||||
10 | (I) Motions to vacate ex parte judgments, whenever | ||||||
11 | filed, a minimum
of $20 and a maximum of $30.
| ||||||
12 | (J) Motions to vacate judgment on forfeitures, | ||||||
13 | whenever filed, a
minimum of $20 and a maximum of $25.
| ||||||
14 | (K) Motions to vacate "failure to appear" or | ||||||
15 | "failure to comply"
notices sent to the Secretary of | ||||||
16 | State, a minimum of $20 and a maximum of
$40.
| ||||||
17 | (2) In counties having a population of more than | ||||||
18 | 500,000
but fewer
than 3,000,000 inhabitants, when the | ||||||
19 | violation complaint is issued by a
municipal police | ||||||
20 | department, the clerk shall be entitled to costs from each
| ||||||
21 | person convicted therein as follows:
| ||||||
22 | (A) Minor traffic or ordinance violations, $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 |
| |||||||
| |||||||
1 | court that the defendant is indigent, in
addition to other | ||||||
2 | fees or costs allowed or imposed by law, the sum of a
| ||||||
3 | minimum of $50 and a maximum of $112.50
as a fee for the | ||||||
4 | services of a jury. The jury fee shall be paid by the
| ||||||
5 | defendant at the time of filing his or her jury demand. If | ||||||
6 | the fee is not
so paid by the defendant, no jury shall be | ||||||
7 | called, and the case shall be
tried by the court without a | ||||||
8 | jury.
| ||||||
9 | (x) Transcripts of Judgment.
| ||||||
10 | For the filing of a transcript of judgment, the clerk | ||||||
11 | shall be entitled
to the same fee as if it were the | ||||||
12 | commencement of new suit.
| ||||||
13 | (y) Change of Venue.
| ||||||
14 | (1) For the filing of a change of case on a change of | ||||||
15 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
16 | were the commencement of a new suit.
| ||||||
17 | (2) The fee for the preparation and certification of a | ||||||
18 | record on a
change of venue to another jurisdiction, when | ||||||
19 | original documents are
forwarded, a minimum of $25 and a | ||||||
20 | maximum of $40.
| ||||||
21 | (z) Tax objection complaints.
| ||||||
22 | For each tax objection complaint containing one or more | ||||||
23 | tax
objections, regardless of the number of parcels | ||||||
24 | involved
or the number of taxpayers joining in the | ||||||
25 | complaint, a minimum of $25
and a maximum of $50.
| ||||||
26 | (aa) Tax Deeds.
|
| |||||||
| |||||||
1 | (1) Petition for tax deed, if only one parcel is | ||||||
2 | involved, a minimum
of $150 and a maximum of $250.
| ||||||
3 | (2) For each additional parcel, add a fee of a minimum | ||||||
4 | of $50 and a
maximum of $100.
| ||||||
5 | (bb) Collections.
| ||||||
6 | (1) For all collections made of others, except the | ||||||
7 | State and county
and except in maintenance or child support | ||||||
8 | cases, a sum equal to a minimum
of 2.5% and a maximum of | ||||||
9 | 3.0% of the amount collected and turned over.
| ||||||
10 | (2) Interest earned on any funds held by the clerk | ||||||
11 | shall be turned
over to the county general fund as an | ||||||
12 | earning of the office.
| ||||||
13 | (3) For any check, draft, or other bank instrument | ||||||
14 | returned to the clerk
for non-sufficient funds, account | ||||||
15 | closed, or payment stopped, $25.
| ||||||
16 | (4) In child support and maintenance cases, the clerk, | ||||||
17 | if authorized by an
ordinance of the county board, may | ||||||
18 | collect an annual fee of up to $36 from
the person making | ||||||
19 | payment for maintaining child support records and the
| ||||||
20 | processing of support orders to the State of Illinois KIDS | ||||||
21 | system and the
recording of payments issued by the State | ||||||
22 | Disbursement Unit for the official
record of the Court.
| ||||||
23 | This fee shall be in addition
to and separate from amounts | ||||||
24 | ordered to be paid as maintenance or child
support and | ||||||
25 | shall be deposited into a Separate Maintenance and Child | ||||||
26 | Support
Collection Fund, of which the clerk shall be the |
| |||||||
| |||||||
1 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
2 | child support orders and record all payments
issued by the | ||||||
3 | State Disbursement Unit for the official record of the | ||||||
4 | Court.
The clerk may recover from the person making the | ||||||
5 | maintenance or child support
payment any additional cost | ||||||
6 | incurred in the collection of this annual
fee.
| ||||||
7 | The clerk shall also be entitled to a fee of $5 for | ||||||
8 | certifications made
to the Secretary of State as provided | ||||||
9 | in Section 7-703 of the Family Financial
Responsibility Law | ||||||
10 | and these fees shall also be deposited into the Separate
| ||||||
11 | Maintenance and Child Support Collection Fund.
| ||||||
12 | (cc) Corrections of Numbers.
| ||||||
13 | For correction of the case number, case title, or | ||||||
14 | attorney computer
identification number, if required by | ||||||
15 | rule of court, on any document filed
in the clerk's office, | ||||||
16 | to be charged against the party that filed the
document, a | ||||||
17 | minimum of $15 and a maximum of $25.
| ||||||
18 | (dd) Exceptions.
| ||||||
19 | The fee requirements of this Section shall not apply to | ||||||
20 | police
departments or other law enforcement agencies. In | ||||||
21 | this Section, "law
enforcement agency" means an agency of | ||||||
22 | the State or a unit of local
government which is vested by | ||||||
23 | law or ordinance with the duty to maintain
public order and | ||||||
24 | to enforce criminal laws or ordinances. "Law enforcement
| ||||||
25 | agency" also means the Attorney General or any state's | ||||||
26 | attorney.
The fee requirements of this Section shall not |
| |||||||
| |||||||
1 | apply to any action instituted
under subsection (b) of | ||||||
2 | Section 11-31-1 of the Illinois Municipal Code by a
private | ||||||
3 | owner or tenant of real property within 1200 feet of a | ||||||
4 | dangerous or
unsafe building seeking an order compelling | ||||||
5 | the owner or owners of the building
to take any of the | ||||||
6 | actions authorized under that subsection.
| ||||||
7 | The fee requirements of this Section shall not apply to | ||||||
8 | the filing of any
commitment petition or petition for an | ||||||
9 | order authorizing the administration of psychotropic | ||||||
10 | medication or electroconvulsive therapy under the Mental | ||||||
11 | Health and
Developmental Disabilities Code.
| ||||||
12 | (ee) Adoptions.
| ||||||
13 | (1) For an adoption ...............................$65
| ||||||
14 | (2) Upon good cause shown, the court may waive the | ||||||
15 | adoption filing fee in
a special needs adoption. The term | ||||||
16 | "special needs adoption" shall have the
meaning ascribed to | ||||||
17 | it by the Illinois Department of Children and Family
| ||||||
18 | Services.
| ||||||
19 | (ff) Adoption exemptions.
| ||||||
20 | No fee other than that set forth in subsection (ee) | ||||||
21 | shall be charged to any
person in connection with an | ||||||
22 | adoption proceeding
nor may any fee be charged
for | ||||||
23 | proceedings for the
appointment of a confidential | ||||||
24 | intermediary under the Adoption Act.
| ||||||
25 | (gg) Unpaid fees.
| ||||||
26 | Unless a court ordered payment schedule is implemented |
| |||||||
| |||||||
1 | or the fee
requirements of this Section are waived pursuant | ||||||
2 | to court order, the clerk of
the court may add to any | ||||||
3 | unpaid fees and costs under this Section a delinquency
| ||||||
4 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
5 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
6 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
7 | unpaid after 90 days. Notice to those parties may be made | ||||||
8 | by
signage posting or publication. The additional | ||||||
9 | delinquency amounts collected under this Section shall
be | ||||||
10 | used to defray additional administrative costs incurred by | ||||||
11 | the clerk of the
circuit court in collecting unpaid fees | ||||||
12 | and costs.
| ||||||
13 | (Source: P.A. 95-172, eff. 8-14-07.)
| ||||||
14 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
| ||||||
15 | Sec. 27.2a. The fees of the clerks of the circuit court in | ||||||
16 | all
counties having a population of 3,000,000 or more | ||||||
17 | inhabitants in the
instances described in this Section shall be | ||||||
18 | as provided in this
Section. In those instances where a minimum | ||||||
19 | and maximum fee is stated, the
clerk of the circuit court must | ||||||
20 | charge the minimum fee listed
and may charge up to the maximum | ||||||
21 | fee if the county board has by resolution
increased the fee. | ||||||
22 | The fees shall be paid in advance and shall be as follows:
| ||||||
23 | (a) Civil Cases.
| ||||||
24 | With the following exceptions, the The fee for filing a | ||||||
25 | complaint, petition, or other pleading
initiating a civil |
| |||||||
| |||||||
1 | action , with the following exceptions, shall be a minimum
| ||||||
2 | of $190 and shall be a maximum of $240 through December 31, | ||||||
3 | 2021 and a maximum of $235 on and after January 1, 2022 .
| ||||||
4 | (A) When the amount of money or damages or the | ||||||
5 | value of personal
property claimed does not exceed | ||||||
6 | $250, a minimum of $15 and a maximum of
$22.
| ||||||
7 | (B) When that amount exceeds $250 but does not | ||||||
8 | exceed $1000, a minimum
of $40 and a maximum of $75.
| ||||||
9 | (C) When that amount exceeds $1000 but does not | ||||||
10 | exceed $2500, a
minimum of $50 and a maximum of $80.
| ||||||
11 | (D) When that amount exceeds $2500 but does not | ||||||
12 | exceed $5000, a
minimum of $100 and a maximum of $130.
| ||||||
13 | (E) When that amount exceeds $5000 but does not | ||||||
14 | exceed $15,000, $150.
| ||||||
15 | (F) For the exercise of eminent domain, $150. For | ||||||
16 | each additional
lot or tract of land or right or | ||||||
17 | interest therein subject to be condemned,
the damages | ||||||
18 | in respect to which shall require separate assessment | ||||||
19 | by a jury,
$150.
| ||||||
20 | (G) For the final determination of parking, | ||||||
21 | standing, and compliance
violations and final | ||||||
22 | administrative decisions issued after hearings | ||||||
23 | regarding
vehicle immobilization and impoundment made | ||||||
24 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
25 | the Illinois Vehicle Code, $25.
| ||||||
26 | (H) No fees shall be charged by the clerk to a |
| |||||||
| |||||||
1 | petitioner in any
order
of
protection including, but | ||||||
2 | not limited to, filing, modifying, withdrawing,
| ||||||
3 | certifying, or
photocopying petitions for orders of | ||||||
4 | protection, or for issuing alias summons,
or for any
| ||||||
5 | related filing service, certifying, modifying, | ||||||
6 | vacating, or
photocopying any
orders of protection.
| ||||||
7 | (b) Forcible Entry and Detainer.
| ||||||
8 | In each forcible entry and detainer case when the | ||||||
9 | plaintiff seeks
possession only or unites with his or her | ||||||
10 | claim for possession of the property
a claim for rent or | ||||||
11 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
12 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
13 | or her claim for possession with a claim for
rent or | ||||||
14 | damages or both exceeding $15,000, a minimum of $225 and a
| ||||||
15 | maximum of
$335.
| ||||||
16 | (c) Counterclaim or Joining Third Party Defendant.
| ||||||
17 | When any defendant files a counterclaim as part of his | ||||||
18 | or her answer or
otherwise or joins another party as a | ||||||
19 | third party defendant, or both, the
defendant shall pay a | ||||||
20 | fee for each counterclaim or third party action in an
| ||||||
21 | amount equal to the fee he or she would have had to pay had | ||||||
22 | he or she
brought a separate action for the relief sought | ||||||
23 | in the counterclaim or
against the third party defendant, | ||||||
24 | less the amount of the appearance fee,
if that has been | ||||||
25 | paid.
| ||||||
26 | (d) Confession of Judgment.
|
| |||||||
| |||||||
1 | In a confession of judgment when the amount does not | ||||||
2 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
3 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
4 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
5 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
6 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
7 | $15,000, a minimum of $250 and a maximum of $310.
| ||||||
8 | (e) Appearance.
| ||||||
9 | The fee for filing an appearance in each civil case | ||||||
10 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
11 | follows:
| ||||||
12 | (A) When the plaintiff in a forcible entry and | ||||||
13 | detainer case seeks
possession only, a minimum of $40 | ||||||
14 | and a maximum of $80.
| ||||||
15 | (B) When the amount in the case does not exceed | ||||||
16 | $1500, a minimum of
$40 and a maximum of $80.
| ||||||
17 | (C) When that amount exceeds $1500 but does not | ||||||
18 | exceed $15,000, a
minimum of $60 and a maximum of $90.
| ||||||
19 | (f) Garnishment, Wage Deduction, and Citation.
| ||||||
20 | In garnishment affidavit, wage deduction affidavit, | ||||||
21 | and citation
petition when the amount does not exceed | ||||||
22 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
23 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
24 | of $30 and a maximum
of
$45; and when the amount
exceeds
| ||||||
25 | $5,000, a minimum of $50 and a maximum of $80.
| ||||||
26 | (g) Petition to Vacate
or Modify.
|
| |||||||
| |||||||
1 | (1) Petition to vacate
or modify any final judgment or | ||||||
2 | order of court,
except in forcible entry and detainer cases | ||||||
3 | and small claims cases or a
petition to reopen an estate, | ||||||
4 | to modify, terminate, or enforce a
judgment or order for | ||||||
5 | child or spousal support, or to modify, suspend, or
| ||||||
6 | terminate an order for withholding, if filed before 30 days | ||||||
7 | after the entry
of the judgment or order, a minimum of $50 | ||||||
8 | and a maximum of $60.
| ||||||
9 | (2) Petition to vacate
or modify any final judgment
or | ||||||
10 | order of court, except a petition to modify, terminate, or | ||||||
11 | enforce a
judgment or order for child or spousal support or | ||||||
12 | to modify, suspend, or
terminate an order for withholding, | ||||||
13 | if filed later than 30 days
after the entry of the judgment | ||||||
14 | or order, a minimum of $75 and a maximum
of
$90.
| ||||||
15 | (3) Petition to vacate order of bond forfeiture, a | ||||||
16 | minimum of $40
and a
maximum of $80.
| ||||||
17 | (h) Mailing.
| ||||||
18 | When the clerk is required to mail, the fee will be a | ||||||
19 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
20 | postage.
| ||||||
21 | (i) Certified Copies.
| ||||||
22 | Each certified copy of a judgment after the first, | ||||||
23 | except in small
claims and forcible entry and detainer | ||||||
24 | cases, a minimum of $15 and a
maximum
of $20.
| ||||||
25 | (j) Habeas Corpus.
| ||||||
26 | For filing a petition for relief by habeas corpus, a |
| |||||||
| |||||||
1 | minimum of $125
and
a maximum of $190.
| ||||||
2 | (k) Certification, Authentication, and Reproduction.
| ||||||
3 | (1) Each certification or authentication for taking | ||||||
4 | the acknowledgment
of a deed or other instrument in writing | ||||||
5 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
6 | $9.
| ||||||
7 | (2) Court appeals when original documents are | ||||||
8 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
9 | minimum of $75 and a maximum of $110.
| ||||||
10 | (3) Court appeals when original documents are | ||||||
11 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
12 | minimum of $150 and a maximum of $185.
| ||||||
13 | (4) Court appeals when original documents are | ||||||
14 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
15 | of 25 and a maximum of 30 cents
per
page.
| ||||||
16 | (5) For reproduction of any document contained in the | ||||||
17 | clerk's files:
| ||||||
18 | (A) First page, $2.
| ||||||
19 | (B) Next 19 pages, 50 cents per page.
| ||||||
20 | (C) All remaining pages, 25 cents per page.
| ||||||
21 | (l) Remands.
| ||||||
22 | In any cases remanded to the Circuit Court from the | ||||||
23 | Supreme Court
or the Appellate Court for a new trial, the | ||||||
24 | clerk shall file the
remanding order and reinstate the case | ||||||
25 | with either its original number or a new
number. The Clerk
| ||||||
26 | shall not charge any new or additional fee for the |
| |||||||
| |||||||
1 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
2 | the parties of the reinstatement. A
party shall have the | ||||||
3 | same right to a jury trial on remand and reinstatement
as | ||||||
4 | he or she had before the appeal, and no additional or new | ||||||
5 | fee or charge
shall be made for a jury trial after remand.
| ||||||
6 | (m) Record Search.
| ||||||
7 | For each record search, within a division or municipal | ||||||
8 | district, the
clerk shall be entitled to a search fee of a | ||||||
9 | minimum of $6 and a maximum
of
$9 for 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 maximum | ||||||
14 | 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
records | ||||||
19 | are maintained in a current automated medium, and when no | ||||||
20 | hard copy
print output is requested. The fees to be charged | ||||||
21 | for management records,
multiple case records, and | ||||||
22 | multiple journal records may be specified by the
Chief | ||||||
23 | Judge pursuant to the guidelines for access and | ||||||
24 | dissemination of
information approved by the Supreme | ||||||
25 | Court.
| ||||||
26 | (p) (Blank).
|
| |||||||
| |||||||
1 | (q) Alias Summons.
| ||||||
2 | For each alias summons or citation issued by the clerk, | ||||||
3 | a minimum of $5
and a maximum of $6.
| ||||||
4 | (r) Other Fees.
| ||||||
5 | Any fees not covered in this Section shall be set by | ||||||
6 | rule or
administrative order of the Circuit Court with the | ||||||
7 | approval of the
Administrative Office of the Illinois | ||||||
8 | Courts.
| ||||||
9 | The clerk of the circuit court may provide additional | ||||||
10 | services for
which there is no fee specified by statute in | ||||||
11 | connection with the operation
of the clerk's office as may | ||||||
12 | be requested by the public and agreed to by
the clerk and | ||||||
13 | approved by the chief judge of the circuit court. Any
| ||||||
14 | charges for additional services shall be as agreed to
| ||||||
15 | between the clerk and the party making the request and | ||||||
16 | approved by the
chief judge of the circuit court. Nothing | ||||||
17 | in this
subsection shall be construed to require any clerk | ||||||
18 | to provide any service
not otherwise required by law.
| ||||||
19 | (s) Jury Services.
| ||||||
20 | The clerk shall be entitled to receive, in
addition to | ||||||
21 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
22 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
23 | every civil action not quasi-criminal in its
nature and not | ||||||
24 | a proceeding for the exercise of the right of eminent
| ||||||
25 | domain and in every other action wherein the right of trial | ||||||
26 | by jury
is or may be given by law. The jury fee shall be |
| |||||||
| |||||||
1 | paid by the party
demanding a jury at the time of filing | ||||||
2 | the jury demand. If the fee is
not paid by either party, no | ||||||
3 | jury shall be called in the action or
proceeding, and the | ||||||
4 | same shall be tried by the court without a jury.
| ||||||
5 | (t) Voluntary Assignment.
| ||||||
6 | For filing each deed of voluntary assignment, a minimum | ||||||
7 | of $20 and a
maximum of $40; for
recording
the same, a | ||||||
8 | minimum of 50ยข and a maximum of $0.80 for each 100 words.
| ||||||
9 | Exceptions filed to claims
presented
to an assignee of a | ||||||
10 | debtor who has made a voluntary assignment for the
benefit | ||||||
11 | of creditors shall be considered and treated, for the | ||||||
12 | purpose of
taxing costs therein, as actions in which the | ||||||
13 | party or parties filing
the exceptions shall be considered | ||||||
14 | as party or parties plaintiff, and
the claimant or | ||||||
15 | claimants as party or parties defendant, and those
parties | ||||||
16 | respectively shall pay to the clerk the same fees
as | ||||||
17 | provided by this Section to be paid in other actions.
| ||||||
18 | (u) Expungement Petition.
| ||||||
19 | The clerk shall be entitled to receive a fee of a | ||||||
20 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
21 | petition filed and an additional fee of a minimum of $4 and | ||||||
22 | a
maximum of $8 for each
certified
copy of an order to | ||||||
23 | expunge arrest records.
| ||||||
24 | (v) Probate.
| ||||||
25 | The clerk is entitled to receive the fees
specified in | ||||||
26 | this subsection (v), which shall be paid in advance,
except |
| |||||||
| |||||||
1 | that, for good cause shown, the court may suspend, reduce, | ||||||
2 | or
release the costs payable under this subsection:
| ||||||
3 | (1) For administration of the estate of a decedent | ||||||
4 | (whether testate
or intestate) or of a missing person, a | ||||||
5 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
6 | specified in
subsection (v)(3), except:
| ||||||
7 | (A) When the value of the real and personal | ||||||
8 | property does not exceed
$15,000, the fee shall be a | ||||||
9 | minimum of $40 and a maximum of $65.
| ||||||
10 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
11 | a domestic or
foreign will is admitted to probate | ||||||
12 | without administration (including
proof of heirship), | ||||||
13 | or (iii) letters of office are issued for a particular
| ||||||
14 | purpose without administration of the estate, the fee | ||||||
15 | shall be a minimum of
$40 and a maximum of $65.
| ||||||
16 | (2) For administration of the estate of a ward, a | ||||||
17 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
18 | specified in subsection (v)(3), except:
| ||||||
19 | (A) When the value of the real and personal | ||||||
20 | property does not exceed
$15,000, the fee shall be a | ||||||
21 | minimum of $40 and a maximum of $65.
| ||||||
22 | (B) When (i) letters of office are issued to a | ||||||
23 | guardian of the person
or persons,
but not of the | ||||||
24 | estate or (ii) letters of office are issued in the | ||||||
25 | estate of
a ward without administration of the estate, | ||||||
26 | including filing or joining in
the filing of a tax |
| |||||||
| |||||||
1 | return or releasing a mortgage or consenting to the
| ||||||
2 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
3 | and a maximum of
$40.
| ||||||
4 | (3) In addition to the fees payable under subsection | ||||||
5 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
6 | payable:
| ||||||
7 | (A) For each account (other than one final account) | ||||||
8 | filed in the
estate of a decedent, or ward, a minimum | ||||||
9 | of $25 and a maximum of $40.
| ||||||
10 | (B) For filing a claim in an estate when the amount | ||||||
11 | claimed is $150
or more but less than $500, a minimum | ||||||
12 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
13 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
14 | and a maximum of $65; when
the
amount claimed is | ||||||
15 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
16 | provided that the court in
allowing
a claim may add to | ||||||
17 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
18 | (C) For filing in an estate a claim, petition, or | ||||||
19 | supplemental
proceeding based upon an action seeking | ||||||
20 | equitable relief including the
construction or contest | ||||||
21 | of a will, enforcement of a contract to make a
will, | ||||||
22 | and proceedings involving testamentary trusts or the | ||||||
23 | appointment of
testamentary trustees, a minimum of $60 | ||||||
24 | and a maximum of $90.
| ||||||
25 | (D) For filing in an estate (i) the appearance of | ||||||
26 | any person for the
purpose of consent or (ii) the |
| |||||||
| |||||||
1 | appearance of an executor, administrator,
| ||||||
2 | administrator to collect, guardian, guardian ad litem, | ||||||
3 | or special
administrator, no fee.
| ||||||
4 | (E) Except as provided in subsection (v)(3)(D), | ||||||
5 | for filing the
appearance of any person or persons, a | ||||||
6 | minimum of $30 and a maximum of
$90.
| ||||||
7 | (F) For each jury demand, a minimum of $137.50 and | ||||||
8 | a maximum of
$180.
| ||||||
9 | (G) For disposition of the collection of a judgment | ||||||
10 | or settlement of
an action or claim for wrongful death | ||||||
11 | of a decedent or of any cause of
action of a ward, when | ||||||
12 | there is no other administration
of the estate, a | ||||||
13 | minimum of $50 and a maximum of $80, less any amount
| ||||||
14 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
15 | that if the amount involved does not exceed
$5,000, the | ||||||
16 | fee, including any amount paid under subsection
| ||||||
17 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
18 | maximum of $40.
| ||||||
19 | (H) For each certified copy of letters of office, | ||||||
20 | of court order or
other certification, a minimum of $2 | ||||||
21 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
22 | pages for the document certified.
| ||||||
23 | (I) For each exemplification, $2, plus the fee for | ||||||
24 | certification.
| ||||||
25 | (4) The executor, administrator, guardian, petitioner,
| ||||||
26 | or other interested person or his or her attorney shall pay |
| |||||||
| |||||||
1 | the cost of
publication by the clerk directly to the | ||||||
2 | newspaper.
| ||||||
3 | (5) The person on whose behalf a charge is incurred for | ||||||
4 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
5 | fee shall pay the same
directly to the person entitled | ||||||
6 | thereto.
| ||||||
7 | (6) The executor, administrator, guardian, petitioner, | ||||||
8 | or other
interested person or his or her attorney shall pay | ||||||
9 | to the clerk all postage
charges incurred by the clerk in | ||||||
10 | mailing petitions, orders, notices, or
other documents | ||||||
11 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
12 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
13 | (1) The clerk shall be entitled to costs in all | ||||||
14 | criminal
and quasi-criminal cases from each person | ||||||
15 | convicted or sentenced to
supervision therein as follows:
| ||||||
16 | (A) Felony complaints, a minimum of $125 and a | ||||||
17 | maximum of $190.
| ||||||
18 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
19 | maximum of
$110.
| ||||||
20 | (C) Business offense complaints, a minimum of $75 | ||||||
21 | and a maximum of
$110.
| ||||||
22 | (D) Petty offense complaints, a minimum of $75 and | ||||||
23 | a maximum of
$110.
| ||||||
24 | (E) Minor traffic or ordinance violations, $30.
| ||||||
25 | (F) When court appearance required, $50.
| ||||||
26 | (G) Motions to vacate or amend final orders, a |
| |||||||
| |||||||
1 | minimum of $40 and
a
maximum of $80.
| ||||||
2 | (H) Motions to vacate bond forfeiture orders, a | ||||||
3 | minimum of $30 and
a
maximum of $45.
| ||||||
4 | (I) Motions to vacate ex parte judgments, whenever | ||||||
5 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
6 | (J) Motions to vacate judgment on forfeitures, | ||||||
7 | whenever filed, a
minimum of $25 and a maximum of $30.
| ||||||
8 | (K) Motions to vacate "failure to appear" or | ||||||
9 | "failure to comply"
notices sent to the Secretary of | ||||||
10 | State, a minimum of $40 and a maximum of
$50.
| ||||||
11 | (2) In counties having a population of 3,000,000 or | ||||||
12 | more,
when the violation complaint is issued by a municipal
| ||||||
13 | police department, the clerk shall be entitled to costs | ||||||
14 | from each person
convicted therein as follows:
| ||||||
15 | (A) Minor traffic or ordinance violations, $30.
| ||||||
16 | (B) When court appearance required, $50.
| ||||||
17 | (3) In ordinance violation cases punishable by fine | ||||||
18 | only, the clerk
of the circuit court shall be entitled to | ||||||
19 | receive, unless the fee is
excused upon a finding by the | ||||||
20 | court that the defendant is indigent, in
addition to other | ||||||
21 | fees or costs allowed or imposed by law, the sum of a
| ||||||
22 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
23 | services of a jury. The jury fee shall be paid by the
| ||||||
24 | defendant at the time of filing his or her jury demand. If | ||||||
25 | the fee is not
so paid by the defendant, no jury shall be | ||||||
26 | called, and the case shall be
tried by the court without a |
| |||||||
| |||||||
1 | jury.
| ||||||
2 | (x) Transcripts of Judgment.
| ||||||
3 | For the filing of a transcript of judgment, the clerk | ||||||
4 | shall be entitled
to the same fee as if it were the | ||||||
5 | commencement of a new suit.
| ||||||
6 | (y) Change of Venue.
| ||||||
7 | (1) For the filing of a change of case on a change of | ||||||
8 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
9 | were the commencement of a new suit.
| ||||||
10 | (2) The fee for the preparation and certification of a | ||||||
11 | record on a
change of venue to another jurisdiction, when | ||||||
12 | original documents are
forwarded, a minimum of $40 and a | ||||||
13 | maximum of $65.
| ||||||
14 | (z) Tax objection complaints.
| ||||||
15 | For each tax objection complaint containing one or more | ||||||
16 | tax
objections, regardless of the number of parcels | ||||||
17 | involved or the number of
taxpayers joining in the | ||||||
18 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
19 | (aa) Tax Deeds.
| ||||||
20 | (1) Petition for tax deed, if only one parcel is | ||||||
21 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
22 | (2) For each additional parcel, add a fee of a minimum | ||||||
23 | of $100 and a
maximum of $200.
| ||||||
24 | (bb) Collections.
| ||||||
25 | (1) For all collections made of others, except the | ||||||
26 | State and county
and except in maintenance or child support |
| |||||||
| |||||||
1 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
2 | turned over.
| ||||||
3 | (2) Interest earned on any funds held by the clerk | ||||||
4 | shall be turned
over to the county general fund as an | ||||||
5 | earning of the office.
| ||||||
6 | (3) For any check, draft, or other bank instrument | ||||||
7 | returned to the
clerk for non-sufficient funds, account | ||||||
8 | closed, or payment stopped, $25.
| ||||||
9 | (4) In child support and maintenance cases, the clerk, | ||||||
10 | if authorized by an
ordinance of the county board, may | ||||||
11 | collect an annual fee of up to $36 from
the person making | ||||||
12 | payment for maintaining child support records and the
| ||||||
13 | processing of support orders to the State of Illinois KIDS | ||||||
14 | system and the
recording of payments issued by the State | ||||||
15 | Disbursement Unit for the official
record of the Court. | ||||||
16 | This fee shall be in addition
to and separate from amounts | ||||||
17 | ordered to be paid as maintenance or child
support and | ||||||
18 | shall be deposited into a Separate Maintenance and Child | ||||||
19 | Support
Collection Fund, of which the clerk shall be the | ||||||
20 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
21 | child support orders and record all payments
issued by the | ||||||
22 | State Disbursement Unit for the official record of the | ||||||
23 | Court.
The clerk may recover from the person making the | ||||||
24 | maintenance or child
support payment any additional cost | ||||||
25 | incurred in the collection of this annual
fee.
| ||||||
26 | The clerk shall also be entitled to a fee of $5 for |
| |||||||
| |||||||
1 | certifications made
to the Secretary of State as provided | ||||||
2 | in Section 7-703 of the Family
Financial Responsibility Law | ||||||
3 | and these fees shall also be deposited into the
Separate | ||||||
4 | Maintenance and Child Support Collection Fund.
| ||||||
5 | (cc) Corrections of Numbers.
| ||||||
6 | For correction of the case number, case title, or | ||||||
7 | attorney computer
identification number, if required by | ||||||
8 | rule of court, on any document filed
in the clerk's office, | ||||||
9 | to be charged against the party that filed the document,
a | ||||||
10 | minimum of $25 and a maximum of $40.
| ||||||
11 | (dd) Exceptions.
| ||||||
12 | (1) The fee requirements of this Section shall not | ||||||
13 | apply to police
departments or other law enforcement | ||||||
14 | agencies. In this Section, "law
enforcement agency" means | ||||||
15 | an agency of the State or a unit of local
government which | ||||||
16 | is vested by law or ordinance with the duty to maintain
| ||||||
17 | public order and to enforce criminal laws or ordinances. | ||||||
18 | "Law enforcement
agency" also means the Attorney General or | ||||||
19 | any state's attorney.
| ||||||
20 | (2) No fee provided herein shall be charged to any unit | ||||||
21 | of
local government or school district.
The fee | ||||||
22 | requirements of this Section shall not apply to any action | ||||||
23 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
24 | Illinois Municipal Code by a
private owner or tenant of | ||||||
25 | real property within 1200 feet of a dangerous or
unsafe | ||||||
26 | building seeking an order compelling the owner or owners of |
| |||||||
| |||||||
1 | the building
to take any of the actions authorized under | ||||||
2 | that subsection.
| ||||||
3 | (3) The fee requirements of this Section shall not | ||||||
4 | apply to the filing
of any
commitment petition or petition | ||||||
5 | for an order authorizing the administration of | ||||||
6 | psychotropic medication or electroconvulsive therapy
under | ||||||
7 | the Mental Health and
Developmental Disabilities Code.
| ||||||
8 | (ee) Adoption.
| ||||||
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 term | ||||||
12 | "special needs adoption" shall have
the meaning ascribed to | ||||||
13 | it by the Illinois Department of Children and Family
| ||||||
14 | 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
nor may any fee be
charged for | ||||||
19 | proceedings for
the appointment of a confidential | ||||||
20 | intermediary under the Adoption Act.
| ||||||
21 | (gg) Unpaid fees.
| ||||||
22 | Unless a court ordered payment schedule is implemented | ||||||
23 | or the fee
requirements of this Section are waived pursuant | ||||||
24 | to court order, the clerk of
the court may add to any | ||||||
25 | unpaid fees and costs under this Section a delinquency
| ||||||
26 | amount equal to 5% of the unpaid fees that remain unpaid |
| |||||||
| |||||||
1 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
2 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
3 | unpaid after 90 days. Notice to those parties may be made | ||||||
4 | by
signage posting or publication. The additional | ||||||
5 | delinquency amounts collected under this Section shall
be | ||||||
6 | used to defray additional administrative costs incurred by | ||||||
7 | the clerk of the
circuit court in collecting unpaid fees | ||||||
8 | and costs.
| ||||||
9 | (Source: P.A. 95-172, eff. 8-14-07.)"; and
| ||||||
10 | on page 4, line 16, after " the ", by inserting " 30th day after | ||||||
11 | the "; and | ||||||
12 | on page 7, by inserting immediately below line 12 the | ||||||
13 | following:
| ||||||
14 | "(705 ILCS 105/27.7)
| ||||||
15 | Sec. 27.7. Children's waiting room. The expense of | ||||||
16 | establishing and maintaining a children's waiting room
for | ||||||
17 | children whose parents or guardians are attending a court | ||||||
18 | hearing as a
litigant, witness, or for other court purposes as | ||||||
19 | determined by
the court may be borne by the county. To defray | ||||||
20 | that expense in
any county having established a children's | ||||||
21 | waiting room or that elects to
establish such a system, the | ||||||
22 | county board may require the clerk of the circuit
court in the | ||||||
23 | county to charge and collect a children's waiting room fee of |
| |||||||
| |||||||
1 | not
more than $10 through December 31, 2021 and not more than | ||||||
2 | $8 on and after January 1, 2022 .
The fee shall be paid at the | ||||||
3 | time of filing the first pleading, paper,
or other appearance | ||||||
4 | filed by each party in all civil cases.
No additional fee shall | ||||||
5 | be required if more than one party is presented in
a single | ||||||
6 | pleading, paper, or other appearance. The fee shall be | ||||||
7 | collected in
the manner in which all other fees or costs are | ||||||
8 | collected.
| ||||||
9 | Each clerk shall commence the charges and collection upon | ||||||
10 | receipt of written
notice from the chairman of the county board | ||||||
11 | together with a certified copy of
the board's resolution. The | ||||||
12 | clerk shall file the resolution of record in his
or her
office.
| ||||||
13 | The fees shall be in addition to all other fees and charges | ||||||
14 | of the clerks,
shall be assessable as costs, and may be waived | ||||||
15 | only if the judge specifically
provides
for the waiver of the | ||||||
16 | children's waiting room fee. The fees shall be remitted
monthly | ||||||
17 | by the clerk to the county treasurer, to be retained by the | ||||||
18 | treasurer
in a special fund designated as the children's | ||||||
19 | waiting room fund. The fund
shall be audited by the county | ||||||
20 | auditor, and the county board shall make
expenditure
from the | ||||||
21 | fund in payment of any cost related to the establishment and
| ||||||
22 | maintenance of the children's waiting room, including | ||||||
23 | personnel, heat, light,
telephone, security, rental of space, | ||||||
24 | or any other item in connection with the
operation of a | ||||||
25 | children's waiting room.
| ||||||
26 | The fees shall not be charged in any matter coming to the |
| |||||||
| |||||||
1 | clerk on a
change of venue, nor in any proceeding to review the | ||||||
2 | decision of any
administrative officer, agency, or body.
| ||||||
3 | (Source: P.A. 95-980, eff. 9-22-08.)".
|