Full Text of SB3162 99th General Assembly
SB3162ham003 99TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 5/25/2016
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| 1 | | AMENDMENT TO SENATE BILL 3162
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3162 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 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)
| 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
| 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.
| 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.
| 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
| 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 $20 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
| 22 | | additional fee shall be required if more than one party is | 23 | | represented in a
single pleading, paper, or other appearance.
| 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.
| 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
| 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
| 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.
| 2 | | Fees shall not be charged in any criminal or quasi-criminal
| 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.
| 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
| 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:
| 14 | | (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
| 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.
| 22 | | The fees shall be paid in advance and
shall be as follows:
| 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 $154 on and after January 1, 2022 .
| 6 | | (A) When the amount of money or damages or the | 7 | | value of personal
property claimed does not exceed | 8 | | $250, $10.
| 9 | | (B) When that amount exceeds $250 but does not | 10 | | exceed $500, a minimum
of $10 and a maximum of $20.
| 11 | | (C) When that amount exceeds $500 but does not | 12 | | exceed $2500, a minimum
of $25 and a maximum of $40.
| 13 | | (D) When that amount exceeds $2500 but does not | 14 | | exceed $15,000, a
minimum of $25 and a maximum of $75.
| 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.
| 21 | | (a-1) Family.
| 22 | | For filing a petition under the Juvenile Court Act of | 23 | | 1987, $25.
| 24 | | For filing a petition for a marriage license, $10.
| 25 | | For performing a marriage in court, $10.
| 26 | | For filing a petition under the Illinois Parentage Act |
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| 1 | | of 2015, $40.
| 2 | | (b) Forcible Entry and Detainer.
| 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.
| 11 | | (c) Counterclaim or Joining Third Party Defendant.
| 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.
| 21 | | (d) Confession of Judgment.
| 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
| 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.
| 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:
| 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.
| 8 | | (B) When the amount in the case does not exceed | 9 | | $1500, a minimum of
$10 and a maximum of $30.
| 10 | | (C) When that amount exceeds $1500 but does not | 11 | | exceed $15,000, a
minimum of $15 and a maximum of $60.
| 12 | | (f) Garnishment, Wage Deduction, and Citation.
| 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
| 18 | | $5,000, a minimum of $5 and a maximum of $50.
| 19 | | (g) Petition to Vacate or Modify.
| 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
| 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.
| 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.
| 8 | | (3) Petition to vacate order of bond forfeiture, a | 9 | | minimum of $10 and a
maximum of $40.
| 10 | | (h) Mailing.
| 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.
| 14 | | (i) Certified Copies.
| 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.
| 18 | | (j) Habeas Corpus.
| 19 | | For filing a petition for relief by habeas corpus, a | 20 | | minimum of $60 and a
maximum of $100.
| 21 | | (k) Certification, Authentication, and Reproduction.
| 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.
| 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.
| 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.
| 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.
| 9 | | (5) For reproduction of any document contained in the | 10 | | clerk's files:
| 11 | | (A) First page, a minimum of $1 and a maximum
of | 12 | | $2.
| 13 | | (B) Next 19 pages, 50 cents per page.
| 14 | | (C) All remaining pages, 25 cents per page.
| 15 | | (l) Remands.
| 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
| 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.
| 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.
| 4 | | (n) Hard Copy.
| 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.
| 9 | | (o) Index Inquiry and Other Records.
| 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.
| 20 | | (p) (Blank).
| 21 | | (q) Alias Summons.
| 22 | | For each alias summons or citation issued by the clerk, | 23 | | a minimum of $2
and a maximum of $5.
| 24 | | (r) Other Fees.
| 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.
| 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
| 8 | | charges for additional services shall be as agreed to
| 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.
| 13 | | (s) Jury Services.
| 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
| 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.
| 25 | | (t) Voluntary Assignment.
| 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
| 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
| 10 | | parties respectively shall pay to the clerk the same fees
| 11 | | as provided by this Section to be paid in other actions.
| 12 | | (u) Expungement Petition.
| 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.
| 18 | | (v) Probate.
| 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:
| 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.
| 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.
| 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:
| 14 | | (A) When the value of the real and personal | 15 | | property does not exceed
$15,000, the fee shall be a | 16 | | minimum of $25 and a maximum of $40.
| 17 | | (B) When (i) 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.
| 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:
| 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.
| 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.
| 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.
| 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,
| 24 | | administrator to collect, guardian, guardian ad litem, | 25 | | or special
administrator, no fee.
| 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.
| 3 | | (F) For each jury demand, a minimum of $62.50 and a | 4 | | maximum of
$137.50.
| 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
| 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.
| 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.
| 22 | | (4) The executor, administrator, guardian, petitioner,
| 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 |
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| 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.
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| 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.
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| 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.
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| 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 |
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| 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.
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| 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 |
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| 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 $184 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 |
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| 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 |
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| 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 |
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| 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.
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| 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.
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| 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 |
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| 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
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| 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 25˘ and a maximum of 50˘ 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 |
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| 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.
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| 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, |
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| 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 50˘ and a |
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| 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 |
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| 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 |
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| 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.
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 $234 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 |
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| 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.
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| 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.
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| 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 |
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| 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 |
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| 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).
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| 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 |
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| 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 50˘ 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.)".
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