Illinois General Assembly - Full Text of HB1585
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Full Text of HB1585  93rd General Assembly

HB1585 93rd General Assembly


093_HB1585

 
                                     LRB093 06268 RLC 06381 b

 1        AN ACT in relation to courts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Clerks  of  Courts  Act  is  amended  by
 5    changing Section 16 as follows:

 6        (705 ILCS 105/16) (from Ch. 25, par. 16)
 7        Sec.  16.   Records  kept  by  the  clerks of the circuit
 8    courts are subject to the provisions of  "The  Local  Records
 9    Act", approved August 18, 1961, as amended.
10        Unless otherwise provided by rule or administrative order
11    of  the  Supreme  Court, the respective clerks of the circuit
12    courts shall keep in their offices the following books:
13        1.  A general docket, upon which  shall  be  entered  all
14    suits, in the order in which they are commenced.
15        2.   Two well-bound books, to be denominated "Plaintiff's
16    Index to Court Records,"  and  "Defendant's  Index  to  Court
17    Records"  to  be  ruled  and  printed  substantially  in  the
18    following manner:
19    .............................................................
20    Plaintiffs Defendants   Kind of       Date     Record  Pages
21                             Action    Commenced    Book
22    .............................................................

23    .............................................................
24    .............................................................
25                Date of     Judgment
26                judgment     docket
27    .............................................................
28                           Book Page

29    .............................................................
30                                    Certificate Satisfied
 
                            -2-      LRB093 06268 RLC 06381 b
 1            Certificate Certificate     of       or not   Number
 2              of levy     of sale   redemption  satisfied of case
 3    .............................................................
 4       Fee     Book Page   Book Page   Book Page
 5       Book

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