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90_HB1141sam001
LRB9004308DJbdam
1 AMENDMENT TO HOUSE BILL 1141
2 AMENDMENT NO. . Amend House Bill 1141 on page 2,
3 below line 1, by inserting the following:
4 "Section 8. The Clerks of Courts Act is amended by
5 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, filing
18 transcript of commitment proceedings held in
19 another county, and cases under the Juvenile Court
20 Act of 1987........................................ $25
21 (2) Petition for Marriage Licenses........... $10
22 (3) Marriages in Court....................... $10
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1 (4) Paternity................................ $40
2 (c) Criminal and Quasi-Criminal
3 (1) Each person convicted of a felony........ $40
4 (2) Each person convicted of a misdemeanor,
5 leaving scene of an accident, driving while
6 intoxicated, reckless driving or drag racing,
7 driving when license revoked or suspended,
8 overweight, or no interstate commerce certificate,
9 or when the disposition is court supervision....... $25
10 (3) Each person convicted of a business
11 offense............................................ $25
12 (4) Each person convicted of a petty offense. $25
13 (5) Minor traffic, conservation, or
14 ordinance violation, including
15 without limitation when the disposition is court
16 supervision:
17 (i) For each offense.................... $10
18 (ii) For each notice sent to the
19 defendant's last known address pursuant to
20 subsection (c) of Section 6-306.4 of the Illinois
21 Vehicle Code....................................... $2
22 (iii) For each notice sent to the
23 Secretary of State pursuant to subsection (c) of
24 Section 6-306.4 of the Illinois Vehicle Code....... $2
25 (6) When Court Appearance required........... $15
26 (7) Motions to vacate or amend final orders.. $10
27 (8) In ordinance violation cases punishable
28 by fine only, the clerk of the circuit court shall
29 be entitled to receive, unless the fee is excused
30 upon a finding by the court that the defendant is
31 indigent, in addition to other fees or costs
32 allowed or imposed by law, the sum of $50 as a fee
33 for the services of a jury. The jury fee shall be
34 paid by the defendant at the time of filing his or
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1 her jury demand. If the fee is not so paid by the
2 defendant, no jury shall be called, and the case
3 shall be tried by the court without a jury.
4 (d) Other Civil Cases
5 (1) Money or personal property claimed does
6 not exceed $500.................................... $10
7 (2) Exceeds $500 but not more than $10,000... $25
8 (3) Exceeds $10,000, when relief in addition
9 to or supplemental to recovery of money alone is
10 sought in an action to recover personal property
11 taxes or retailers occupational tax regardless of
12 amount claimed..................................... $45
13 (4) The Clerk of the Circuit Court shall be
14 entitled to receive, in addition to other fees
15 allowed by law, the sum of $50, as a fee for the
16 services of a jury in every civil action not
17 quasi-criminal in its nature and not a proceeding
18 for the exercise of the right of eminent domain,
19 and in every equitable action wherein the right of
20 trial by jury is or may be given by law. The jury
21 fee shall be paid by the party demanding a jury at
22 the time of filing his jury demand. If such a fee
23 is not paid by either party, no jury shall be
24 called in the action, suit, or proceeding, and the
25 same shall be tried by the court without a jury.
26 (e) Confession of judgment and answer
27 (1) When the amount does not exceed $1,000... $20
28 (2) Exceeds $1,000........................... $40
29 (f) Auxiliary Proceedings
30 Any auxiliary proceeding relating to the
31 collection of a money judgment, including
32 garnishment, citation, or wage deduction action.... $5
33 (g) Forcible entry and detainer
34 (1) For possession only or possession and
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1 rent not in excess of $10,000...................... $10
2 (2) For possession and rent in excess of
3 $10,000............................................ $40
4 (h) Eminent Domain
5 (1) Exercise of Eminent Domain............... $45
6 (2) For each and every lot or tract of land
7 or right or interest therein subject to be
8 condemned, the damages in respect to which shall
9 require separate assessments by a jury............. $45
10 (i) Reinstatement
11 Each case including petition for modification
12 of a judgment or order of Court if filed later than
13 30 days after the entry of a judgment or order,
14 except in forcible entry and detainer cases and
15 small claims and except a petition to modify,
16 terminate, or enforce a judgement or order for
17 child or spousal support or to modify, suspend, or
18 terminate an order for withholding, petition to
19 vacate judgment of dismissal for want of
20 prosecution whenever filed, petition to reopen an
21 estate, or redocketing of any cause................ $20
22 (j) Probate
23 (1) Administration of decedent's estates,
24 whether testate or intestate, guardianships of the
25 person or estate or both of a person under legal
26 disability, guardianships of the person or estate
27 or both of a minor, or petitions to sell real
28 estate in the administration of any estate......... $50
29 (2) Small estates in cases where the real and
30 personal property of an estate does not exceed
31 $5,000............................................. $25
32 (3) At any time during the administration of
33 the estate, however, at the request of the Clerk,
34 the Court shall examine the record of the estate
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1 and the personal representative to determine the
2 total value of the real and personal property of
3 the estate, and if such value exceeds $5,000 shall
4 order the payment of an additional fee in the
5 amount of.......................................... $40
6 (4) Inheritance tax proceedings.............. $15
7 (5) Issuing letters only for a certain
8 specific reason other than the administration of an
9 estate, including but not limited to the release of
10 mortgage; the issue of letters of guardianship in
11 order that consent to marriage may be granted or
12 for some other specific reason other than for the
13 care of property or person; proof of heirship
14 without administration; or when a will is to be
15 admitted to probate, but the estate is to be
16 settled without administration..................... $10
17 (6) When a separate complaint relating to any
18 matter other than a routine claim is filed in an
19 estate, the required additional fee shall be
20 charged for such filing............................ $45
21 (k) Change of Venue
22 From a court, the charge is the same amount as
23 the original filing fee; however, the fee for
24 preparation and certification of record on change
25 of venue, when original documents or copies are
26 forwarded.......................................... $10
27 (l) Answer, adverse pleading, or appearance
28 In civil cases................................ $15
29 With the following exceptions:
30 (1) When the amount does not exceed $500..... $5
31 (2) When amount exceeds $500 but not $10,000. $10
32 (3) When amount exceeds $10,000.............. $15
33 (4) Court appeals when documents are
34 forwarded, over 200 pages, additional fee per page
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1 over 200........................................... 10¢
2 (m) Tax objection complaints
3 For each tax objection complaint containing
4 one or more tax objections, regardless of the
5 number of parcels involved or the number of
6 taxpayers joining the complaint.................... $10
7 (n) Tax deed
8 (1) Petition for tax deed, if only one parcel
9 is involved........................................ $45
10 (2) For each additional parcel involved, an
11 additional fee of.................................. $10
12 (o) Mailing Notices and Processes
13 (1) All notices that the clerk is required to
14 mail as first class mail........................... $2
15 (2) For all processes or notices the Clerk is
16 required to mail by certified or registered mail,
17 the fee will be $2 plus cost of postage.
18 (p) Certification or Authentication
19 (1) Each certification or authentication for
20 taking the acknowledgement of a deed or other
21 instrument in writing with seal of office.......... $2
22 (2) Court appeals when original documents are
23 forwarded, 100 pages or under, plus delivery costs. $25
24 (3) Court appeals when original documents are
25 forwarded, over 100 pages, plus delivery costs..... $60
26 (4) Court appeals when original documents are
27 forwarded, over 200 pages, additional fee per page
28 over 200........................................... 10¢
29 (q) Reproductions
30 Each record of proceedings and judgment,
31 whether on appeal, change of venue, certified
32 copies of orders and judgments, and all other
33 instruments, documents, records, or papers:
34 (1) First page.......................... $1
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1 (2) Next 19 pages, per page............. 50¢
2 (3) All remaining pages, per page....... 25¢
3 (r) Counterclaim
4 When any defendant files a counterclaim as
5 part of his or her answer or otherwise, or joins
6 another party as a third party defendant, or both,
7 he or she shall pay a fee for each such
8 counterclaim or third party action in an amount
9 equal to the fee he or she would have had to pay
10 had he or she brought a separate action for the
11 relief sought in the counterclaim or against the
12 third party defendant, less the amount of the
13 appearance fee, if that has been paid.
14 (s) Transcript of Judgment
15 From a court, the same fee as if case
16 originally filed.
17 (t) Publications
18 The cost of publication shall be paid directly
19 to the publisher by the person seeking the
20 publication, whether the clerk is required by law
21 to publish, or the parties to the action.
22 (u) Collections
23 (1) For all collections made for others,
24 except the State and County and except in
25 maintenance or child support cases, a sum equal to
26 2% of the amount collected and turned over.
27 (2) In any cases remanded to the Circuit
28 Court from the Supreme Court or the Appellate
29 Court, the Clerk shall file the remanding order and
30 reinstate the case with either its original number
31 or a new number. The Clerk shall not charge any
32 new or additional fee for the reinstatement. Upon
33 reinstatement the Clerk shall advise the parties of
34 the reinstatement. A party shall have the same
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1 right to a jury trial on remand and reinstatement
2 as he or she had before the appeal, and no
3 additional or new fee or charge shall be made for a
4 jury trial after remand.
5 (3) In maintenance and child support matters,
6 the Clerk may deduct from each payment an amount
7 equal to the United States postage to be used in
8 mailing the maintenance or child support check to
9 the recipient. In such cases, the Clerk shall
10 collect an annual fee of up to $36 from the person
11 making such payment for administering the
12 collection and distribution of maintenance and
13 child support payments. Such sum shall be in
14 addition to and separate from amounts ordered to be
15 paid as maintenance or child support and shall be
16 deposited in a separate Maintenance and Child
17 Support Collection Fund of which the Clerk shall be
18 the custodian, ex officio, to be used by the Clerk
19 to further maintenance and child support collection
20 efforts in his office. Unless paid in cash or
21 pursuant to an order for withholding, the payment
22 of the fee shall be by a separate instrument from
23 the support payment and shall be made to the order
24 of the Clerk. The Clerk may recover from the person
25 making the maintenance or child support payment any
26 additional cost incurred in the collection of this
27 annual fee.
28 The Clerk shall also be entitled to a fee of
29 $5 for certifications made to the Secretary of State as
30 provided in Section 7-703 of the Family Financial
31 Responsibility Law and these fees shall also be
32 deposited into the Separate Maintenance and Child
33 Support Collection Fund.
34 (v) Correction of Cases
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1 For correcting the case number or case title
2 on any document filed in his office, to be charged
3 against the party that filed the document.......... $10
4 (w) Record Search
5 For searching a record, per year searched..... $4
6 (x) Printed Output
7 For each page of hard copy print output, when
8 case records are maintained on an automated medium. $2
9 (y) Alias Summons
10 For each alias summons issued................. $2
11 (z) Expungement of Records
12 For each expungement petition filed........... $15
13 (aa) Other Fees
14 Any fees not covered by this Section shall be set by
15 rule or administrative order of the Circuit Court, with
16 the approval of the Supreme Court.
17 (bb) Exemptions
18 No fee provided for herein shall be charged to any
19 unit of State or local government or school district
20 unless the Court orders another party to pay such fee on
21 its behalf. The fee requirements of this Section shall
22 not apply to police departments or other law enforcement
23 agencies. In this Section, "law enforcement agency"
24 means an agency of the State or a unit of local
25 government that is vested by law or ordinance with the
26 duty to maintain public order and to enforce criminal
27 laws and ordinances. The fee requirements of this Section
28 shall not apply to any action instituted under subsection
29 (b) of Section 11-31-1 of the Illinois Municipal Code by
30 a private owner or tenant of real property within 1200
31 feet of a dangerous or unsafe building seeking an order
32 compelling the owner or owners of the building to take
33 any of the actions authorized under that subsection.
34 (cc) Adoptions
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1 (1) For an adoption.............................$65
2 (2) Upon good cause shown, the court may waive the
3 adoption filing fee in a special needs adoption. The
4 term "special needs adoption" shall have the meaning
5 ascribed to it by the Illinois Department of Children and
6 Family Services.
7 (dd) Adoption exemptions
8 No fee other than that set forth in subsection (cc)
9 shall be charged to any person in connection with an
10 adoption proceeding.
11 (ee) Additional Services
12 Beginning July 1, 1993, the clerk of the circuit
13 court may provide such additional services for which
14 there is no fee specified by statute in connection with
15 the operation of the clerk's office as may be requested
16 by the public and agreed to by the public and by the
17 clerk. Any charges for additional services shall be as
18 agreed to between the clerk and the party making the
19 request. Nothing in this subsection shall be as agreed
20 to between the clerk and the party making the request.
21 Nothing in this subsection shall be construed to require
22 any clerk to provide any service not otherwise required
23 by law.
24 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
25 7-1-96; 89-593, eff. 8-1-96.)
26 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
27 Sec. 27.1a. The fees of the clerks of the circuit court
28 in all counties having a population in excess of 180,000 but
29 not more than 650,000 inhabitants in the instances described
30 in this Section shall be as provided in this Section. The
31 fees shall be paid in advance and shall be as follows:
32 (a) Civil Cases.
33 The fee for filing a complaint, petition, or other
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1 pleading initiating a civil action, with the following
2 exceptions, shall be $150.
3 (A) When the amount of money or damages or the
4 value of personal property claimed does not exceed
5 $250, $10.
6 (B) When that amount exceeds $250 but does not
7 exceed $500, $20.
8 (C) When that amount exceeds $500 but does not
9 exceed $2500, $30.
10 (D) When that amount exceeds $2500 but does
11 not exceed $15,000, $75.
12 (E) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (a-1) Family.
18 For filing a petition under the Juvenile Court Act
19 of 1987, $25.
20 For filing a petition for a marriage license, $10.
21 For performing a marriage in court, $10.
22 For filing a petition under the Illinois Parentage
23 Act of 1984, $40.
24 (b) Forcible Entry and Detainer.
25 In each forcible entry and detainer case when the
26 plaintiff seeks possession only or unites with his or her
27 claim for possession of the property a claim for rent or
28 damages or both in the amount of $15,000 or less, $40.
29 When the plaintiff unites his or her claim for possession
30 with a claim for rent or damages or both exceeding
31 $15,000, $150.
32 (c) Counterclaim or Joining Third Party Defendant.
33 When any defendant files a counterclaim as part of
34 his or her answer or otherwise or joins another party as
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1 a third party defendant, or both, the defendant shall pay
2 a fee for each counterclaim or third party action in an
3 amount equal to the fee he or she would have had to pay
4 had he or she brought a separate action for the relief
5 sought in the counterclaim or against the third party
6 defendant, less the amount of the appearance fee, if that
7 has been paid.
8 (d) Confession of Judgment.
9 In a confession of judgment when the amount does not
10 exceed $1500, $50. When the amount exceeds $1500, but
11 does not exceed $15,000, $115. When the amount exceeds
12 $15,000, $200.
13 (e) Appearance.
14 The fee for filing an appearance in each civil case
15 shall be $50, except as follows:
16 (A) When the plaintiff in a forcible entry and
17 detainer case seeks possession only, $20.
18 (B) When the amount in the case does not
19 exceed $1500, $20.
20 (C) When that amount exceeds $1500 but does
21 not exceed $15,000, $40.
22 (f) Garnishment, Wage Deduction, and Citation.
23 In garnishment affidavit, wage deduction affidavit,
24 and citation petition when the amount does not exceed
25 $1,000, $10; when the amount exceeds $1,000 but does not
26 exceed $5,000, $20; and when the amount exceeds $5,000,
27 $30.
28 (g) Petition to Vacate or Modify.
29 (1) Petition to vacate or modify any final judgment
30 or order of court, except in forcible entry and detainer
31 cases and small claims cases or a petition to reopen an
32 estate, to modify, terminate, or enforce a judgment or
33 order for child or spousal support, or to modify,
34 suspend, or terminate an order for withholding, if filed
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1 before 30 days after the entry of the judgment or order,
2 $40.
3 (2) Petition to vacate or modify any final judgment
4 or order of court, except a petition to modify,
5 terminate, or enforce a judgment or order for child or
6 spousal support or to modify, suspend, or terminate an
7 order for withholding, if filed later than 30 days after
8 the entry of the judgment or order, $60.
9 (3) Petition to vacate order of bond forfeiture,
10 $20.
11 (h) Mailing.
12 When the clerk is required to mail, the fee will be
13 $6, plus the cost of 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, $10.
18 (j) Habeas Corpus.
19 For filing a petition for relief by habeas corpus,
20 $80.
21 (k) Certification, Authentication, and Reproduction.
22 (1) Each certification or authentication for taking
23 the acknowledgment of a deed or other instrument in
24 writing with the seal of office, $4.
25 (2) Court appeals when original documents are
26 forwarded, under 100 pages, plus delivery and costs, $50.
27 (3) Court appeals when original documents are
28 forwarded, over 100 pages, plus delivery and costs, $120.
29 (4) Court appeals when original documents are
30 forwarded, over 200 pages, an additional fee of 20 cents
31 per page.
32 (5) For reproduction of any document contained in
33 the clerk's files:
34 (A) First page, $2.
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1 (B) Next 19 pages, 50 cents per page.
2 (C) All remaining pages, 25 cents per page.
3 (l) Remands.
4 In any cases remanded to the Circuit Court from the
5 Supreme Court or the Appellate Court for a new trial, the
6 clerk shall file the remanding order and reinstate the
7 case with either its original number or a new number. The
8 Clerk shall not charge any new or additional fee for the
9 reinstatement. Upon reinstatement the Clerk shall advise
10 the parties of the reinstatement. A party shall have the
11 same right to a jury trial on remand and reinstatement as
12 he or she had before the appeal, and no additional or new
13 fee or charge shall be made for a jury trial after
14 remand.
15 (m) Record Search.
16 For each record search, within a division or
17 municipal district, the clerk shall be entitled to a
18 search fee of $4 for each year searched.
19 (n) Hard Copy.
20 For each page of hard copy print output, when case
21 records are maintained on an automated medium, the clerk
22 shall be entitled to a fee of $4.
23 (o) Index Inquiry and Other Records.
24 No fee shall be charged for a single
25 plaintiff/defendant index inquiry or single case record
26 inquiry when this request is made in person and the
27 records are maintained in a current automated medium, and
28 when no hard copy print output is requested. The fees to
29 be charged for management records, multiple case records,
30 and multiple journal records may be specified by the
31 Chief Judge pursuant to the guidelines for access and
32 dissemination of information approved by the Supreme
33 Court.
34 (p) Commitment Petitions.
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1 For filing commitment petitions under the Mental
2 Health and Developmental Disabilities Code and for filing
3 a transcript of commitment proceedings held in another
4 county, $25.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, $4.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of $180, as a fee
27 for the services of a jury in every civil action not
28 quasi-criminal in its nature and not a proceeding for the
29 exercise of the right of eminent domain and in every
30 other action wherein the right of trial by jury is or may
31 be given by law. The jury fee shall be paid by the party
32 demanding a jury at the time of filing the jury demand.
33 If the fee is not paid by either party, no jury shall be
34 called in the action or proceeding, and the same shall be
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1 tried by the court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, $10;
4 for recording the same, 25¢ for each 100 words.
5 Exceptions filed to claims presented to an assignee of a
6 debtor who has made a voluntary assignment for the
7 benefit of creditors shall be considered and treated, for
8 the purpose of taxing costs therein, as actions in which
9 the party or parties filing the exceptions shall be
10 considered as party or parties plaintiff, and the
11 claimant or claimants as party or parties defendant, and
12 those parties respectively shall pay to the clerk the
13 same fees as provided by this Section to be paid in other
14 actions.
15 (u) Expungement Petition.
16 The clerk shall be entitled to receive a fee of $30
17 for each expungement petition filed and an additional fee
18 of $2 for each certified copy of an order to expunge
19 arrest records.
20 (v) Probate.
21 The clerk is entitled to receive the fees specified in
22 this subsection (v), which shall be paid in advance, except
23 that, for good cause shown, the court may suspend, reduce, or
24 release the costs payable under this subsection:
25 (1) For administration of the estate of a decedent
26 (whether testate or intestate) or of a missing person,
27 $100, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) proof of heirship alone is made,
33 (ii) a domestic or foreign will is admitted to
34 probate without administration (including proof of
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1 heirship), or (iii) letters of office are issued for
2 a particular purpose without administration of the
3 estate, the fee shall be $25.
4 (2) For administration of the estate of a ward,
5 $50, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $25.
10 (B) When (i) letters of office are issued to a
11 guardian of the person, but not of the estate or
12 (ii) letters of office are issued in the estate of a
13 ward without administration of the estate, including
14 filing or joining in the filing of a tax return or
15 releasing a mortgage or consenting to the marriage
16 of the ward, the fee shall be $10.
17 (3) In addition to the fees payable under
18 subsection (v)(1) or (v)(2) of this Section, the
19 following fees are payable:
20 (A) For each account (other than one final
21 account) filed in the estate of a decedent, or ward,
22 $15.
23 (B) For filing a claim in an estate when the
24 amount claimed is $150 or more but less than $500,
25 $10; when the amount claimed is $500 or more but
26 less than $10,000, $25; when the amount claimed is
27 $10,000 or more, $40; provided that the court in
28 allowing a claim may add to the amount allowed the
29 filing fee paid by the claimant.
30 (C) For filing in an estate a claim, petition,
31 or supplemental proceeding based upon an action
32 seeking equitable relief including the construction
33 or contest of a will, enforcement of a contract to
34 make a will, and proceedings involving testamentary
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1 trusts or the appointment of testamentary trustees,
2 $40.
3 (D) For filing in an estate (i) the appearance
4 of any person for the purpose of consent or (ii) the
5 appearance of an executor, administrator,
6 administrator to collect, guardian, guardian ad
7 litem, or special administrator, no fee.
8 (E) Except as provided in subsection
9 (v)(3)(D), for filing the appearance of any person
10 or persons, $10.
11 (F) For each jury demand, $90.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, $30, less any amount
17 paid under subsection (v)(1)(B) or (v)(2)(B) except
18 that if the amount involved does not exceed $5,000,
19 the fee, including any amount paid under subsection
20 (v)(1)(B) or (v)(2)(B), shall be $10.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, $1,
23 plus 50¢ per page in excess of 3 pages for the
24 document certified.
25 (I) For each exemplification, $1, plus the fee
26 for certification.
27 (4) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay the cost of publication by the clerk
30 directly to the newspaper.
31 (5) The person on whose behalf a charge is incurred
32 for witness, court reporter, appraiser, or other
33 miscellaneous fee shall pay the same directly to the
34 person entitled thereto.
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1 (6) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay to the clerk all postage charges
4 incurred by the clerk in mailing petitions, orders,
5 notices, or other documents pursuant to the provisions of
6 the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8 (1) The clerk shall be entitled to costs in all
9 criminal and quasi-criminal cases from each person
10 convicted or sentenced to supervision therein as follows:
11 (A) Felony complaints, $80.
12 (B) Misdemeanor complaints, $50.
13 (C) Business offense complaints, $50.
14 (D) Petty offense complaints, $50.
15 (E) Minor traffic or ordinance violations,
16 $20.
17 (F) When court appearance required, $30.
18 (G) Motions to vacate or amend final orders,
19 $20.
20 (H) Motions to vacate bond forfeiture orders,
21 $20.
22 (I) Motions to vacate ex parte judgments,
23 whenever filed, $20.
24 (J) Motions to vacate judgment on forfeitures,
25 whenever filed, $20.
26 (K) Motions to vacate "failure to appear" or
27 "failure to comply" notices sent to the Secretary of
28 State, $20.
29 (2) In counties having a population in excess of
30 180,000 but not more than 650,000 inhabitants, when the
31 violation complaint is issued by a municipal police
32 department, the clerk shall be entitled to costs from
33 each person convicted therein as follows:
34 (A) Minor traffic or ordinance violations,
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1 $10.
2 (B) When court appearance required, $15.
3 (3) In ordinance violation cases punishable by fine
4 only, the clerk of the circuit court shall be entitled to
5 receive, unless the fee is excused upon a finding by the
6 court that the defendant is indigent, in addition to
7 other fees or costs allowed or imposed by law, the sum of
8 $50 as a fee for the services of a jury. The jury fee
9 shall be paid by the defendant at the time of filing his
10 or her jury demand. If the fee is not so paid by the
11 defendant, no jury shall be called, and the case shall be
12 tried by the court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of a new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, $25.
24 (z) Tax objection complaints.
25 For each tax objection complaint containing one or
26 more tax objections, regardless of the number of parcels
27 involved or the number of taxpayers joining on the
28 complaint, $25.
29 (aa) Tax Deeds.
30 (1) Petition for tax deed, if only one parcel is
31 involved, $150.
32 (2) For each additional parcel, add a fee of $50.
33 (bb) Collections.
34 (1) For all collections made of others, except the
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1 State and county and except in maintenance or child
2 support cases, a sum equal to 2.5% of the amount
3 collected and turned over.
4 (2) Interest earned on any funds held by the clerk
5 shall be turned over to the county general fund as an
6 earning of the office.
7 (3) For any check, draft, or other bank instrument
8 returned to the clerk for non-sufficient funds, account
9 closed, or payment stopped, $25.
10 (4) In child support and maintenance cases, the
11 clerk, if authorized by an ordinance of the county board,
12 may collect an annual fee of up to $36 from the person
13 making payment for administering the collection and
14 distribution of maintenance and child support payments.
15 This fee shall be in addition to and separate from
16 amounts ordered to be paid as maintenance or child
17 support and shall be deposited into a Separate
18 Maintenance and Child Support Collection Fund, of which
19 the clerk shall be the custodian, ex-officio, to be used
20 by the clerk to further maintenance and child supports in
21 his or her office. The clerk may recover from the person
22 making the maintenance or child support payment any
23 additional cost incurred in the collection of this annual
24 fee.
25 The clerk shall also be entitled to a fee of $5 for
26 certifications made to the Secretary of State as provided
27 in Section 7-703 of the Family Financial Responsibility
28 Law and these fees shall also be deposited into the
29 Separate Maintenance and Child Support Collection Fund.
30 (cc) Corrections of Numbers.
31 For correction of the case number, case title, or
32 attorney computer identification number, if required by
33 rule of court, on any document filed in the clerk's
34 office, to be charged against the party that filed the
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1 document, $15.
2 (dd) Exceptions.
3 (1) The fee requirements of this Section shall not
4 apply to police departments or other law enforcement
5 agencies. In this Section, "law enforcement agency"
6 means an agency of the State or a unit of local
7 government which is vested by law or ordinance with the
8 duty to maintain public order and to enforce criminal
9 laws or ordinances. "Law enforcement agency" also means
10 the Attorney General or any state's attorney.
11 (2) No fee provided herein shall be charged to any
12 unit of local government or school district.
13 (3) The fee requirements of this Section shall not
14 apply to any action instituted under subsection (b) of
15 Section 11-31-1 of the Illinois Municipal Code by a
16 private owner or tenant of real property within 1200 feet
17 of a dangerous or unsafe building seeking an order
18 compelling the owner or owners of the building to take
19 any of the actions authorized under that subsection.
20 (ee) Adoptions.
21 (1) For an adoption.............................$65
22 (2) Upon good cause shown, the court may waive the
23 adoption filing fee in a special needs adoption. The
24 term "special needs adoption" shall have the meaning
25 ascribed to it by the Illinois Department of Children and
26 Family Services.
27 (ff) Adoption exemptions.
28 No fee other than that set forth in subsection (ee)
29 shall be charged to any person in connection with an
30 adoption proceeding.
31 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
32 7-1-96; 89-593, eff. 8-1-96.)
33 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
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1 Sec. 27.2. The fees of the clerks of the circuit court
2 in all counties having a population in excess of 650,000
3 inhabitants but less than 3,000,000 inhabitants in the
4 instances described in this Section shall be as provided in
5 this Section. In addition, the fees provided in this Section
6 shall apply to all units of local government and school
7 districts in counties with more than 3,000,000 inhabitants.
8 The fees shall be paid in advance and shall be as follows:
9 (a) Civil Cases.
10 The fee for filing a complaint, petition, or other
11 pleading initiating a civil action, with the following
12 exceptions, shall be $150.
13 (A) When the amount of money or damages or the
14 value of personal property claimed does not exceed
15 $250, $10.
16 (B) When that amount exceeds $250 but does not
17 exceed $500, $20.
18 (C) When that amount exceeds $500 but does not
19 exceed $2500, $30.
20 (D) When that amount exceeds $2500 but does
21 not exceed $15,000, $75.
22 (E) For the exercise of eminent domain, $150.
23 For each additional lot or tract of land or right or
24 interest therein subject to be condemned, the
25 damages in respect to which shall require separate
26 assessment by a jury, $150.
27 (b) Forcible Entry and Detainer.
28 In each forcible entry and detainer case when the
29 plaintiff seeks possession only or unites with his or her
30 claim for possession of the property a claim for rent or
31 damages or both in the amount of $15,000 or less, $40.
32 When the plaintiff unites his or her claim for possession
33 with a claim for rent or damages or both exceeding
34 $15,000, $150.
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1 (c) Counterclaim or Joining Third Party Defendant.
2 When any defendant files a counterclaim as part of
3 his or her answer or otherwise or joins another party as
4 a third party defendant, or both, the defendant shall pay
5 a fee for each counterclaim or third party action in an
6 amount equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the relief
8 sought in the counterclaim or against the third party
9 defendant, less the amount of the appearance fee, if that
10 has been paid.
11 (d) Confession of Judgment.
12 In a confession of judgment when the amount does not
13 exceed $1500, $50. When the amount exceeds $1500, but
14 does not exceed $15,000, $115. When the amount exceeds
15 $15,000, $200.
16 (e) Appearance.
17 The fee for filing an appearance in each civil case
18 shall be $50, except as follows:
19 (A) When the plaintiff in a forcible entry and
20 detainer case seeks possession only; $20.
21 (B) When the amount in the case does not
22 exceed $1500, $20.
23 (C) When that amount exceeds $1500 but does
24 not exceed $15,000, $40.
25 (f) Garnishment, Wage Deduction, and Citation.
26 In garnishment affidavit, wage deduction affidavit,
27 and citation petition when the amount does not exceed
28 $1,000, $10; when the amount exceeds $1,000 but does not
29 exceed $5,000, $20; and when the amount exceeds $5,000,
30 $30.
31 (g) Petition to Vacate or Modify.
32 (1) Petition to vacate or modify any final judgment
33 or order of court, except in forcible entry and detainer
34 cases and small claims cases or a petition to reopen an
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1 estate, to modify, terminate, or enforce a judgment or
2 order for child or spousal support, or to modify,
3 suspend, or terminate an order for withholding, if filed
4 before 30 days after the entry of the judgment or order,
5 $40.
6 (2) Petition to vacate or modify any final judgment
7 or order of court, except a petition to modify,
8 terminate, or enforce a judgment or order for child or
9 spousal support or to modify, suspend, or terminate an
10 order for withholding, if filed later than 30 days after
11 the entry of the judgment or order, $60.
12 (3) Petition to vacate order of bond forfeiture,
13 $20.
14 (h) Mailing.
15 When the clerk is required to mail, the fee will be
16 $6, plus the cost of postage.
17 (i) Certified Copies.
18 Each certified copy of a judgment after the first,
19 except in small claims and forcible entry and detainer
20 cases, $10.
21 (j) Habeas Corpus.
22 For filing a petition for relief by habeas corpus,
23 $80.
24 (k) Certification, Authentication, and Reproduction.
25 (1) Each certification or authentication for taking
26 the acknowledgment of a deed or other instrument in
27 writing with the seal of office, $4.
28 (2) Court appeals when original documents are
29 forwarded, under 100 pages, plus delivery and costs, $50.
30 (3) Court appeals when original documents are
31 forwarded, over 100 pages, plus delivery and costs, $120.
32 (4) Court appeals when original documents are
33 forwarded, over 200 pages, an additional fee of 20 cents
34 per page.
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1 (5) For reproduction of any document contained in
2 the clerk's files:
3 (A) First page, $2.
4 (B) Next 19 pages, 50 cents per page.
5 (C) All remaining pages, 25 cents per page.
6 (l) Remands.
7 In any cases remanded to the Circuit Court from the
8 Supreme Court or the Appellate Court for a new trial, the
9 clerk shall file the remanding order and reinstate the
10 case with either its original number or a new number.
11 The Clerk shall not charge any new or additional fee for
12 the reinstatement. Upon reinstatement the Clerk shall
13 advise the parties of the reinstatement. A party shall
14 have the same right to a jury trial on remand and
15 reinstatement as he or she had before the appeal, and no
16 additional or new fee or charge shall be made for a jury
17 trial after remand.
18 (m) Record Search.
19 For each record search, within a division or
20 municipal district, the clerk shall be entitled to a
21 search fee of $4 for each year searched.
22 (n) Hard Copy.
23 For each page of hard copy print output, when case
24 records are maintained on an automated medium, the clerk
25 shall be entitled to a fee of $4.
26 (o) Index Inquiry and Other Records.
27 No fee shall be charged for a single
28 plaintiff/defendant index inquiry or single case record
29 inquiry when this request is made in person and the
30 records are maintained in a current automated medium, and
31 when no hard copy print output is requested. The fees to
32 be charged for management records, multiple case records,
33 and multiple journal records may be specified by the
34 Chief Judge pursuant to the guidelines for access and
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1 dissemination of information approved by the Supreme
2 Court.
3 (p) Commitment Petitions.
4 For filing commitment petitions under the Mental
5 Health and Developmental Disabilities Code, $25.
6 (q) Alias Summons.
7 For each alias summons or citation issued by the
8 clerk, $4.
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
12 the approval of the Administrative Office of the Illinois
13 Courts.
14 The clerk of the circuit court may provide
15 additional services for which there is no fee specified
16 by statute in connection with the operation of the
17 clerk's office as may be requested by the public and
18 agreed to by the clerk and approved by the chief judge of
19 the circuit court. Any charges for additional services
20 shall be as agreed to between the clerk and the party
21 making the request and approved by the chief judge of the
22 circuit court. Nothing in this subsection shall be
23 construed to require any clerk to provide any service not
24 otherwise required by law.
25 (s) Jury Services.
26 The clerk shall be entitled to receive, in addition
27 to other fees allowed by law, the sum of $180, as a fee
28 for the services of a jury in every civil action not
29 quasi-criminal in its nature and not a proceeding for the
30 exercise of the right of eminent domain and in every
31 other action wherein the right of trial by jury is or may
32 be given by law. The jury fee shall be paid by the party
33 demanding a jury at the time of filing the jury demand.
34 If the fee is not paid by either party, no jury shall be
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1 called in the action or proceeding, and the same shall be
2 tried by the court without a jury.
3 (t) Voluntary Assignment.
4 For filing each deed of voluntary assignment, $10;
5 for recording the same, 25¢ for each 100 words.
6 Exceptions filed to claims presented to an assignee of a
7 debtor who has made a voluntary assignment for the
8 benefit of creditors shall be considered and treated, for
9 the purpose of taxing costs therein, as actions in which
10 the party or parties filing the exceptions shall be
11 considered as party or parties plaintiff, and the
12 claimant or claimants as party or parties defendant, and
13 those parties respectively shall pay to the clerk the
14 same fees as provided by this Section to be paid in other
15 actions.
16 (u) Expungement Petition.
17 The clerk shall be entitled to receive a fee of $30
18 for each expungement petition filed and an additional fee
19 of $2 for each certified copy of an order to expunge
20 arrest records.
21 (v) Probate.
22 The clerk is entitled to receive the fees specified in
23 this subsection (v), which shall be paid in advance, except
24 that, for good cause shown, the court may suspend, reduce, or
25 release the costs payable under this subsection:
26 (1) For administration of the estate of a decedent
27 (whether testate or intestate) or of a missing person,
28 $100, plus the fees specified in subsection (v)(3),
29 except:
30 (A) When the value of the real and personal
31 property does not exceed $15,000, the fee shall be
32 $25.
33 (B) When (i) proof of heirship alone is made,
34 (ii) a domestic or foreign will is admitted to
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1 probate without administration (including proof of
2 heirship), or (iii) letters of office are issued for
3 a particular purpose without administration of the
4 estate, the fee shall be $25.
5 (2) For administration of the estate of a ward,
6 $50, plus the fees specified in subsection (v)(3),
7 except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be
10 $25.
11 (B) When (i) letters of office are issued to a
12 guardian of the person, but not of the estate or
13 (ii) letters of office are issued in the estate of a
14 ward without administration of the estate, including
15 filing or joining in the filing of a tax return or
16 releasing a mortgage or consenting to the marriage
17 of the ward, the fee shall be $10.
18 (3) In addition to the fees payable under
19 subsection (v)(1) or (v)(2) of this Section, the
20 following fees are payable:
21 (A) For each account (other than one final
22 account) filed in the estate of a decedent, or ward,
23 $15.
24 (B) For filing a claim in an estate when the
25 amount claimed is $150 or more but less than $500,
26 $10; when the amount claimed is $500 or more but
27 less than $10,000, $25; when the amount claimed is
28 $10,000 or more, $40; provided that the court in
29 allowing a claim may add to the amount allowed the
30 filing fee paid by the claimant.
31 (C) For filing in an estate a claim, petition,
32 or supplemental proceeding based upon an action
33 seeking equitable relief including the construction
34 or contest of a will, enforcement of a contract to
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1 make a will, and proceedings involving testamentary
2 trusts or the appointment of testamentary trustees,
3 $40.
4 (D) For filing in an estate (i) the appearance
5 of any person for the purpose of consent or (ii) the
6 appearance of an executor, administrator,
7 administrator to collect, guardian, guardian ad
8 litem, or special administrator, no fee.
9 (E) Except as provided in subsection
10 (v)(3)(D), for filing the appearance of any person
11 or persons, $10.
12 (F) For each jury demand, $90.
13 (G) For disposition of the collection of a
14 judgment or settlement of an action or claim for
15 wrongful death of a decedent or of any cause of
16 action of a ward, when there is no other
17 administration of the estate, $30, less any amount
18 paid under subsection (v)(1)(B) or (v)(2)(B) except
19 that if the amount involved does not exceed $5,000,
20 the fee, including any amount paid under subsection
21 (v)(1)(B) or (v)(2)(B), shall be $10.
22 (H) For each certified copy of letters of
23 office, of court order or other certification, $1,
24 plus 50¢ per page in excess of 3 pages for the
25 document certified.
26 (I) For each exemplification, $1, plus the fee
27 for certification.
28 (4) The executor, administrator, guardian,
29 petitioner, or other interested person or his or her
30 attorney shall pay the cost of publication by the clerk
31 directly to the newspaper.
32 (5) The person on whose behalf a charge is incurred
33 for witness, court reporter, appraiser, or other
34 miscellaneous fee shall pay the same directly to the
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1 person entitled thereto.
2 (6) The executor, administrator, guardian,
3 petitioner, or other interested person or his attorney
4 shall pay to the clerk all postage charges incurred by
5 the clerk in mailing petitions, orders, notices, or other
6 documents pursuant to the provisions of the Probate Act
7 of 1975.
8 (w) Criminal and Quasi-Criminal Costs and Fees.
9 (1) The clerk shall be entitled to costs in all
10 criminal and quasi-criminal cases from each person
11 convicted or sentenced to supervision therein as follows:
12 (A) Felony complaints, $80.
13 (B) Misdemeanor complaints, $50.
14 (C) Business offense complaints, $50.
15 (D) Petty offense complaints, $50.
16 (E) Minor traffic or ordinance violations,
17 $20.
18 (F) When court appearance required, $30.
19 (G) Motions to vacate or amend final orders,
20 $20.
21 (H) Motions to vacate bond forfeiture orders,
22 $20.
23 (I) Motions to vacate ex parte judgments,
24 whenever filed, $20.
25 (J) Motions to vacate judgment on forfeitures,
26 whenever filed, $20.
27 (K) Motions to vacate "failure to appear" or
28 "failure to comply" notices sent to the Secretary of
29 State, $20.
30 (2) In counties having a population of more than
31 650,000 but fewer than 3,000,000 inhabitants, when the
32 violation complaint is issued by a municipal police
33 department, the clerk shall be entitled to costs from
34 each person convicted therein as follows:
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1 (A) Minor traffic or ordinance violations,
2 $10.
3 (B) When court appearance required, $15.
4 (3) In ordinance violation cases punishable by fine
5 only, the clerk of the circuit court shall be entitled to
6 receive, unless the fee is excused upon a finding by the
7 court that the defendant is indigent, in addition to
8 other fees or costs allowed or imposed by law, the sum of
9 $50 as a fee for the services of a jury. The jury fee
10 shall be paid by the defendant at the time of filing his
11 or her jury demand. If the fee is not so paid by the
12 defendant, no jury shall be called, and the case shall be
13 tried by the court without a jury.
14 (x) Transcripts of Judgment.
15 For the filing of a transcript of judgment, the
16 clerk shall be entitled to the same fee as if it were the
17 commencement of new suit.
18 (y) Change of Venue.
19 (1) For the filing of a change of case on a change
20 of venue, the clerk shall be entitled to the same fee as
21 if it were the commencement of a new suit.
22 (2) The fee for the preparation and certification
23 of a record on a change of venue to another jurisdiction,
24 when original documents are forwarded, $25.
25 (z) Tax objection complaints.
26 For each tax objection complaint containing one or
27 more tax objections, regardless of the number of parcels
28 involved or the number of taxpayers joining in the
29 complaint, $25.
30 (aa) Tax Deeds.
31 (1) Petition for tax deed, if only one parcel is
32 involved, $150.
33 (2) For each additional parcel, add a fee of $50.
34 (bb) Collections.
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1 (1) For all collections made of others, except the
2 State and county and except in maintenance or child
3 support cases, a sum equal to 2.5% of the amount
4 collected and turned over.
5 (2) Interest earned on any funds held by the clerk
6 shall be turned over to the county general fund as an
7 earning of the office.
8 (3) For any check, draft, or other bank instrument
9 returned to the clerk for non-sufficient funds, account
10 closed, or payment stopped, $25.
11 (4) In child support and maintenance cases, the
12 clerk, if authorized by an ordinance of the county board,
13 may collect an annual fee of up to $36 from the person
14 making payment for administering the collection and
15 distribution of maintenance and child support payments.
16 This fee shall be in addition to and separate from
17 amounts ordered to be paid as maintenance or child
18 support and shall be deposited into a Separate
19 Maintenance and Child Support Collection Fund, of which
20 the clerk shall be the custodian, ex-officio, to be used
21 by the clerk to further maintenance and child supports in
22 his or her office. The clerk may recover from the person
23 making the maintenance or child support payment any
24 additional cost incurred in the collection of this annual
25 fee.
26 The clerk shall also be entitled to a fee of $5 for
27 certifications made to the Secretary of State as provided
28 in Section 7-703 of the Family Financial Responsibility
29 Law and these fees shall also be deposited into the
30 Separate Maintenance and Child Support Collection Fund.
31 (cc) Corrections of Numbers.
32 For correction of the case number, case title, or
33 attorney computer identification number, if required by
34 rule of court, on any document filed in the clerk's
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1 office, to be charged against the party that filed the
2 document, $15.
3 (dd) Exceptions.
4 The fee requirements of this Section shall not apply
5 to police departments or other law enforcement agencies.
6 In this Section, "law enforcement agency" means an agency
7 of the State or a unit of local government which is
8 vested by law or ordinance with the duty to maintain
9 public order and to enforce criminal laws or ordinances.
10 "Law enforcement agency" also means the Attorney General
11 or any state's attorney. The fee requirements of this
12 Section shall not apply to any action instituted under
13 subsection (b) of Section 11-31-1 of the Illinois
14 Municipal Code by a private owner or tenant of real
15 property within 1200 feet of a dangerous or unsafe
16 building seeking an order compelling the owner or owners
17 of the building to take any of the actions authorized
18 under that subsection.
19 (ee) Adoptions.
20 (1) For an adoption.............................$65
21 (2) Upon good cause shown, the court may waive the
22 adoption filing fee in a special needs adoption. The
23 term "special needs adoption" shall have the meaning
24 ascribed to it by the Illinois Department of Children and
25 Family Services.
26 (ff) Adoption exemptions.
27 No fee other than that set forth in subsection (ee)
28 shall be charged to any person in connection with an
29 adoption proceeding.
30 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
31 7-1-96; 89-593, eff. 8-1-96.)
32 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
33 Sec. 27.2a. The fees of the clerks of the circuit court
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1 in all counties having a population of 3,000,000 or more
2 inhabitants in the instances described in this Section shall
3 be as provided in this Section. The fees shall be paid in
4 advance and shall be as follows:
5 (a) Civil Cases.
6 The fee for filing a complaint, petition, or other
7 pleading initiating a civil action, with the following
8 exceptions, shall be $190.
9 (A) When the amount of money or damages or the
10 value of personal property claimed does not exceed
11 $250, $15.
12 (B) When that amount exceeds $250 but does not
13 exceed $1000, $40.
14 (C) When that amount exceeds $1000 but does
15 not exceed $2500, $50.
16 (D) When that amount exceeds $2500 but does
17 not exceed $5000, $100.
18 (E) When that amount exceeds $5000 but does
19 not exceed $15,000, $150.
20 (F) For the exercise of eminent domain, $150.
21 For each additional lot or tract of land or right or
22 interest therein subject to be condemned, the
23 damages in respect to which shall require separate
24 assessment by a jury, $150.
25 (b) Forcible Entry and Detainer.
26 In each forcible entry and detainer case when the
27 plaintiff seeks possession only or unites with his or her
28 claim for possession of the property a claim for rent or
29 damages or both in the amount of $15,000 or less, $75.
30 When the plaintiff unites his or her claim for possession
31 with a claim for rent or damages or both exceeding
32 $15,000, $225.
33 (c) Counterclaim or Joining Third Party Defendant.
34 When any defendant files a counterclaim as part of
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1 his or her answer or otherwise or joins another party as
2 a third party defendant, or both, the defendant shall pay
3 a fee for each counterclaim or third party action in an
4 amount equal to the fee he or she would have had to pay
5 had he or she brought a separate action for the relief
6 sought in the counterclaim or against the third party
7 defendant, less the amount of the appearance fee, if that
8 has been paid.
9 (d) Confession of Judgment.
10 In a confession of judgment when the amount does not
11 exceed $1500, $60. When the amount exceeds $1500, but
12 does not exceed $5000, $75. When the amount exceeds
13 $5000, but does not exceed $15,000, $175. When the amount
14 exceeds $15,000, $250.
15 (e) Appearance.
16 The fee for filing an appearance in each civil case
17 shall be $75, except as follows:
18 (A) When the plaintiff in a forcible entry and
19 detainer case seeks possession only, $40.
20 (B) When the amount in the case does not
21 exceed $1500, $40.
22 (C) When that amount exceeds $1500 but does
23 not exceed $15,000, $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
27 $1,000, $15; when the amount exceeds $1,000 but does not
28 exceed $5,000, $30; and when the amount exceeds $5,000,
29 $50.
30 (g) Petition to Vacate or Modify.
31 (1) Petition to vacate or modify any final judgment
32 or order of court, except in forcible entry and detainer
33 cases and small claims cases or a petition to reopen an
34 estate, to modify, terminate, or enforce a judgment or
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1 order for child or spousal support, or to modify,
2 suspend, or terminate an order for withholding, if filed
3 before 30 days after the entry of the judgment or order,
4 $50.
5 (2) Petition to vacate or modify any final judgment
6 or order of court, except a petition to modify,
7 terminate, or enforce a judgment or order for child or
8 spousal support or to modify, suspend, or terminate an
9 order for withholding, if filed later than 30 days after
10 the entry of the judgment or order, $75.
11 (3) Petition to vacate order of bond forfeiture,
12 $40.
13 (h) Mailing.
14 When the clerk is required to mail, the fee will be
15 $10, plus the cost of postage.
16 (i) Certified Copies.
17 Each certified copy of a judgment after the first,
18 except in small claims and forcible entry and detainer
19 cases, $15.
20 (j) Habeas Corpus.
21 For filing a petition for relief by habeas corpus,
22 $125.
23 (k) Certification, Authentication, and Reproduction.
24 (1) Each certification or authentication for taking
25 the acknowledgment of a deed or other instrument in
26 writing with the seal of office, $6.
27 (2) Court appeals when original documents are
28 forwarded, under 100 pages, plus delivery and costs, $75.
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery and costs, $150.
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, an additional fee of 25 cents
33 per page.
34 (5) For reproduction of any document contained in
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1 the clerk's files:
2 (A) First page, $2.
3 (B) Next 19 pages, 50 cents per page.
4 (C) All remaining pages, 25 cents per page.
5 (l) Remands.
6 In any cases remanded to the Circuit Court from the
7 Supreme Court or the Appellate Court for a new trial, the
8 clerk shall file the remanding order and reinstate the
9 case with either its original number or a new number.
10 The Clerk shall not charge any new or additional fee for
11 the reinstatement. Upon reinstatement the Clerk shall
12 advise the parties of the reinstatement. A party shall
13 have the same right to a jury trial on remand and
14 reinstatement as he or she had before the appeal, and no
15 additional or new fee or charge shall be made for a jury
16 trial after remand.
17 (m) Record Search.
18 For each record search, within a division or
19 municipal district, the clerk shall be entitled to a
20 search fee of $6 for each year searched.
21 (n) Hard Copy.
22 For each page of hard copy print output, when case
23 records are maintained on an automated medium, the clerk
24 shall be entitled to a fee of $6.
25 (o) Index Inquiry and Other Records.
26 No fee shall be charged for a single
27 plaintiff/defendant index inquiry or single case record
28 inquiry when this request is made in person and the
29 records are maintained in a current automated medium, and
30 when no hard copy print output is requested. The fees to
31 be charged for management records, multiple case records,
32 and multiple journal records may be specified by the
33 Chief Judge pursuant to the guidelines for access and
34 dissemination of information approved by the Supreme
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1 Court.
2 (p) Commitment Petitions.
3 For filing commitment petitions under the Mental
4 Health and Developmental Disabilities Code, $50.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, $5.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of $200, as a fee
27 for the services of a jury in every civil action not
28 quasi-criminal in its nature and not a proceeding for the
29 exercise of the right of eminent domain and in every
30 other action wherein the right of trial by jury is or may
31 be given by law. The jury fee shall be paid by the party
32 demanding a jury at the time of filing the jury demand.
33 If the fee is not paid by either party, no jury shall be
34 called in the action or proceeding, and the same shall be
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1 tried by the court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, $20;
4 for recording the same, 50¢ for each 100 words.
5 Exceptions filed to claims presented to an assignee of a
6 debtor who has made a voluntary assignment for the
7 benefit of creditors shall be considered and treated, for
8 the purpose of taxing costs therein, as actions in which
9 the party or parties filing the exceptions shall be
10 considered as party or parties plaintiff, and the
11 claimant or claimants as party or parties defendant, and
12 those parties respectively shall pay to the clerk the
13 same fees as provided by this Section to be paid in other
14 actions.
15 (u) Expungement Petition.
16 The clerk shall be entitled to receive a fee of $60
17 for each expungement petition filed and an additional fee
18 of $4 for each certified copy of an order to expunge
19 arrest records.
20 (v) Probate.
21 The clerk is entitled to receive the fees specified in
22 this subsection (v), which shall be paid in advance, except
23 that, for good cause shown, the court may suspend, reduce, or
24 release the costs payable under this subsection:
25 (1) For administration of the estate of a decedent
26 (whether testate or intestate) or of a missing person,
27 $150, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $40.
32 (B) When (i) proof of heirship alone is made,
33 (ii) a domestic or foreign will is admitted to
34 probate without administration (including proof of
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1 heirship), or (iii) letters of office are issued for
2 a particular purpose without administration of the
3 estate, the fee shall be $40.
4 (2) For administration of the estate of a ward,
5 $75, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $40.
10 (B) When (i) letters of office are issued to a
11 guardian of the person, but not of the estate or
12 (ii) letters of office are issued in the estate of a
13 ward without administration of the estate, including
14 filing or joining in the filing of a tax return or
15 releasing a mortgage or consenting to the marriage
16 of the ward, the fee shall be $20.
17 (3) In addition to the fees payable under
18 subsection (v)(1) or (v)(2) of this Section, the
19 following fees are payable:
20 (A) For each account (other than one final
21 account) filed in the estate of a decedent, or ward,
22 $25.
23 (B) For filing a claim in an estate when the
24 amount claimed is $150 or more but less than $500,
25 $20; when the amount claimed is $500 or more but
26 less than $10,000, $40; when the amount claimed is
27 $10,000 or more, $60; provided that the court in
28 allowing a claim may add to the amount allowed the
29 filing fee paid by the claimant.
30 (C) For filing in an estate a claim, petition,
31 or supplemental proceeding based upon an action
32 seeking equitable relief including the construction
33 or contest of a will, enforcement of a contract to
34 make a will, and proceedings involving testamentary
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1 trusts or the appointment of testamentary trustees,
2 $60.
3 (D) For filing in an estate (i) the appearance
4 of any person for the purpose of consent or (ii) the
5 appearance of an executor, administrator,
6 administrator to collect, guardian, guardian ad
7 litem, or special administrator, no fee.
8 (E) Except as provided in subsection
9 (v)(3)(D), for filing the appearance of any person
10 or persons, $30.
11 (F) For each jury demand, $125.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, $50, less any amount
17 paid under subsection (v)(1)(B) or (v)(2)(B) except
18 that if the amount involved does not exceed $5,000,
19 the fee, including any amount paid under subsection
20 (v)(1)(B) or (v)(2)(B), shall be $20.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, $2,
23 plus $1 per page in excess of 3 pages for the
24 document certified.
25 (I) For each exemplification, $2, plus the fee
26 for certification.
27 (4) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay the cost of publication by the clerk
30 directly to the newspaper.
31 (5) The person on whose behalf a charge is incurred
32 for witness, court reporter, appraiser, or other
33 miscellaneous fee shall pay the same directly to the
34 person entitled thereto.
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1 (6) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay to the clerk all postage charges
4 incurred by the clerk in mailing petitions, orders,
5 notices, or other documents pursuant to the provisions of
6 the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8 (1) The clerk shall be entitled to costs in all
9 criminal and quasi-criminal cases from each person
10 convicted or sentenced to supervision therein as follows:
11 (A) Felony complaints, $125.
12 (B) Misdemeanor complaints, $75.
13 (C) Business offense complaints, $75.
14 (D) Petty offense complaints, $75.
15 (E) Minor traffic or ordinance violations,
16 $30.
17 (F) When court appearance required, $50.
18 (G) Motions to vacate or amend final orders,
19 $40.
20 (H) Motions to vacate bond forfeiture orders,
21 $30.
22 (I) Motions to vacate ex parte judgments,
23 whenever filed, $30.
24 (J) Motions to vacate judgment on forfeitures,
25 whenever filed, $25.
26 (K) Motions to vacate "failure to appear" or
27 "failure to comply" notices sent to the Secretary of
28 State, $40.
29 (2) In counties having a population of 3,000,000 or
30 more, when the violation complaint is issued by a
31 municipal police department, the clerk shall be entitled
32 to costs from each person convicted therein as follows:
33 (A) Minor traffic or ordinance violations,
34 $30.
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1 (B) When court appearance required, $50.
2 (3) In ordinance violation cases punishable by fine
3 only, the clerk of the circuit court shall be entitled to
4 receive, unless the fee is excused upon a finding by the
5 court that the defendant is indigent, in addition to
6 other fees or costs allowed or imposed by law, the sum of
7 $100 as a fee for the services of a jury. The jury fee
8 shall be paid by the defendant at the time of filing his
9 or her jury demand. If the fee is not so paid by the
10 defendant, no jury shall be called, and the case shall be
11 tried by the court without a jury.
12 (x) Transcripts of Judgment.
13 For the filing of a transcript of judgment, the
14 clerk shall be entitled to the same fee as if it were the
15 commencement of a new suit.
16 (y) Change of Venue.
17 (1) For the filing of a change of case on a change
18 of venue, the clerk shall be entitled to the same fee as
19 if it were the commencement of a new suit.
20 (2) The fee for the preparation and certification
21 of a record on a change of venue to another jurisdiction,
22 when original documents are forwarded, $40.
23 (z) Tax objection complaints.
24 For each tax objection complaint containing one or
25 more tax objections, regardless of the number of parcels
26 involved or the number of taxpayers joining in the
27 complaint, $50.
28 (aa) Tax Deeds.
29 (1) Petition for tax deed, if only one parcel is
30 involved, $250.
31 (2) For each additional parcel, add a fee of $100.
32 (bb) Collections.
33 (1) For all collections made of others, except the
34 State and county and except in maintenance or child
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1 support cases, a sum equal to 3.0% of the amount
2 collected and 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
10 clerk, if authorized by an ordinance of the county board,
11 may collect an annual fee of up to $36 from the person
12 making payment for administering the collection and
13 distribution of maintenance and child support payments.
14 This fee shall be in addition to and separate from
15 amounts ordered to be paid as maintenance or child
16 support and shall be deposited into a Separate
17 Maintenance and Child Support Collection Fund, of which
18 the clerk shall be the custodian, ex-officio, to be used
19 by the clerk to further maintenance and child supports in
20 his or her office. The clerk may recover from the person
21 making the maintenance or child support payment any
22 additional cost incurred in the collection of this annual
23 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
27 Law and these fees shall also be deposited into the
28 Separate Maintenance and Child Support Collection Fund.
29 (cc) Corrections of Numbers.
30 For correction of the case number, case title, or
31 attorney computer identification number, if required by
32 rule of court, on any document filed in the clerk's
33 office, to be charged against the party that filed the
34 document, $25.
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1 (dd) Exceptions.
2 (1) The fee requirements of this Section shall not
3 apply to police departments or other law enforcement
4 agencies. In this Section, "law enforcement agency"
5 means an agency of the State or a unit of local
6 government which is vested by law or ordinance with the
7 duty to maintain public order and to enforce criminal
8 laws or ordinances. "Law enforcement agency" also means
9 the Attorney General or any state's attorney.
10 (2) No fee provided herein shall be charged to any
11 unit of local government or school district. The fee
12 requirements of this Section shall not apply to any
13 action instituted under subsection (b) of Section 11-31-1
14 of the Illinois Municipal Code by a private owner or
15 tenant of real property within 1200 feet of a dangerous
16 or unsafe building seeking an order compelling the owner
17 or owners of the building to take any of the actions
18 authorized under that subsection.
19 (ee) Adoption.
20 (1) For an adoption.............................$65
21 (2) Upon good cause shown, the court may waive the
22 adoption filing fee in a special needs adoption. The
23 term "special needs adoption" shall have the meaning
24 ascribed to it by the Illinois Department of Children and
25 Family Services.
26 (ff) Adoption exemptions.
27 No fee other than that set forth in subsection (ee)
28 shall be charged to any person in connection with an
29 adoption proceeding.
30 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
31 7-1-96; 89-593, eff. 8-1-96.)"; and
32 on page 5, below line 23, by inserting the following:
33 "Section 99. Effective date. This Section and the
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1 changes to Sections 27.1, 27.1a, 27.2, and 27.2a of the
2 Clerks of Courts Act take effect upon becoming law."