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90_HB1258eng
705 ILCS 105/27.1 from Ch. 25, par. 27.1
705 ILCS 105/27.1a from Ch. 25, par. 27.1a
705 ILCS 105/27.2 from Ch. 25, par. 27.2
705 ILCS 105/27.2a from Ch. 25, par. 27.2a
Amends the Clerks of Courts Act. Provides that a clerk
of a circuit court may recover from a person making
maintenance or child support payments any additional cost
incurred in the collection of the annual $36 fee for
administering the collection and distribution of these
payments. Effective immediately.
LRB9001255PTcw
HB1258 Engrossed LRB9001255PTcw
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by
6 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
8 Sec. 27.1. The fees of the Clerk of the Circuit Court in
9 all counties having a population of 180,000 inhabitants or
10 less shall be paid in advance, except as otherwise provided,
11 and shall be as follows:
12 (a) Civil Cases
13 (1) All civil cases except as otherwise
14 provided........................................... $40
15 (2) Judicial Sales (except Probate).......... $40
16 (b) Family
17 (1) Commitment petitions under the Mental
18 Health and Developmental Disabilities Code, filing
19 transcript of commitment proceedings held in
20 another county, and cases under the Juvenile Court
21 Act of 1987........................................ $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
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1 or when the disposition is court supervision....... $25
2 (3) Each person convicted of a business
3 offense............................................ $25
4 (4) Each person convicted of a petty offense. $25
5 (5) Minor traffic, conservation, or
6 ordinance violation, including
7 without limitation when the disposition is court
8 supervision:
9 (i) For each offense.................... $10
10 (ii) For each notice sent to the
11 defendant's last known address pursuant to
12 subsection (c) of Section 6-306.4 of the Illinois
13 Vehicle Code....................................... $2
14 (iii) For each notice sent to the
15 Secretary of State pursuant to subsection (c) of
16 Section 6-306.4 of the Illinois Vehicle Code....... $2
17 (6) When Court Appearance required........... $15
18 (7) Motions to vacate or amend final orders.. $10
19 (8) In ordinance violation cases punishable
20 by fine only, the clerk of the circuit court shall
21 be entitled to receive, unless the fee is excused
22 upon a finding by the court that the defendant is
23 indigent, in addition to other fees or costs
24 allowed or imposed by law, the sum of $50 as a fee
25 for the services of a jury. The jury fee shall be
26 paid by the defendant at the time of filing his or
27 her jury demand. If the fee is not so paid by the
28 defendant, no jury shall be called, and the case
29 shall be tried by the court without a jury.
30 (d) Other Civil Cases
31 (1) Money or personal property claimed does
32 not exceed $500.................................... $10
33 (2) Exceeds $500 but not more than $10,000... $25
34 (3) Exceeds $10,000, when relief in addition
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1 to or supplemental to recovery of money alone is
2 sought in an action to recover personal property
3 taxes or retailers occupational tax regardless of
4 amount claimed..................................... $45
5 (4) The Clerk of the Circuit Court shall be
6 entitled to receive, in addition to other fees
7 allowed by law, the sum of $50, as a fee for the
8 services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding
10 for the exercise of the right of eminent domain,
11 and in every equitable action wherein the right of
12 trial by jury is or may be given by law. The jury
13 fee shall be paid by the party demanding a jury at
14 the time of filing his jury demand. If such a fee
15 is not paid by either party, no jury shall be
16 called in the action, suit, or proceeding, and the
17 same shall be tried by the court without a jury.
18 (e) Confession of judgment and answer
19 (1) When the amount does not exceed $1,000... $20
20 (2) Exceeds $1,000........................... $40
21 (f) Auxiliary Proceedings
22 Any auxiliary proceeding relating to the
23 collection of a money judgment, including
24 garnishment, citation, or wage deduction action.... $5
25 (g) Forcible entry and detainer
26 (1) For possession only or possession and
27 rent not in excess of $10,000...................... $10
28 (2) For possession and rent in excess of
29 $10,000............................................ $40
30 (h) Eminent Domain
31 (1) Exercise of Eminent Domain............... $45
32 (2) For each and every lot or tract of land
33 or right or interest therein subject to be
34 condemned, the damages in respect to which shall
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1 require separate assessments by a jury............. $45
2 (i) Reinstatement
3 Each case including petition for modification
4 of a judgment or order of Court if filed later than
5 30 days after the entry of a judgment or order,
6 except in forcible entry and detainer cases and
7 small claims and except a petition to modify,
8 terminate, or enforce a judgement or order for
9 child or spousal support or to modify, suspend, or
10 terminate an order for withholding, petition to
11 vacate judgment of dismissal for want of
12 prosecution whenever filed, petition to reopen an
13 estate, or redocketing of any cause................ $20
14 (j) Probate
15 (1) Administration of decedent's estates,
16 whether testate or intestate, guardianships of the
17 person or estate or both of a person under legal
18 disability, guardianships of the person or estate
19 or both of a minor, or petitions to sell real
20 estate in the administration of any estate......... $50
21 (2) Small estates in cases where the real and
22 personal property of an estate does not exceed
23 $5,000............................................. $25
24 (3) At any time during the administration of
25 the estate, however, at the request of the Clerk,
26 the Court shall examine the record of the estate
27 and the personal representative to determine the
28 total value of the real and personal property of
29 the estate, and if such value exceeds $5,000 shall
30 order the payment of an additional fee in the
31 amount of.......................................... $40
32 (4) Inheritance tax proceedings.............. $15
33 (5) Issuing letters only for a certain
34 specific reason other than the administration of an
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1 estate, including but not limited to the release of
2 mortgage; the issue of letters of guardianship in
3 order that consent to marriage may be granted or
4 for some other specific reason other than for the
5 care of property or person; proof of heirship
6 without administration; or when a will is to be
7 admitted to probate, but the estate is to be
8 settled without administration..................... $10
9 (6) When a separate complaint relating to any
10 matter other than a routine claim is filed in an
11 estate, the required additional fee shall be
12 charged for such filing............................ $45
13 (k) Change of Venue
14 From a court, the charge is the same amount as
15 the original filing fee; however, the fee for
16 preparation and certification of record on change
17 of venue, when original documents or copies are
18 forwarded.......................................... $10
19 (l) Answer, adverse pleading, or appearance
20 In civil cases................................ $15
21 With the following exceptions:
22 (1) When the amount does not exceed $500..... $5
23 (2) When amount exceeds $500 but not $10,000. $10
24 (3) When amount exceeds $10,000.............. $15
25 (4) Court appeals when documents are
26 forwarded, over 200 pages, additional fee per page
27 over 200........................................... 10¢
28 (m) Tax objection complaints
29 For each tax objection complaint containing
30 one or more tax objections, regardless of the
31 number of parcels involved or the number of
32 taxpayers joining the complaint.................... $10
33 (n) Tax deed
34 (1) Petition for tax deed, if only one parcel
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1 is involved........................................ $45
2 (2) For each additional parcel involved, an
3 additional fee of.................................. $10
4 (o) Mailing Notices and Processes
5 (1) All notices that the clerk is required to
6 mail as first class mail........................... $2
7 (2) For all processes or notices the Clerk is
8 required to mail by certified or registered mail,
9 the fee will be $2 plus cost of postage.
10 (p) Certification or Authentication
11 (1) Each certification or authentication for
12 taking the acknowledgement of a deed or other
13 instrument in writing with seal of office.......... $2
14 (2) Court appeals when original documents are
15 forwarded, 100 pages or under, plus delivery costs. $25
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery costs..... $60
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, additional fee per page
20 over 200........................................... 10¢
21 (q) Reproductions
22 Each record of proceedings and judgment,
23 whether on appeal, change of venue, certified
24 copies of orders and judgments, and all other
25 instruments, documents, records, or papers:
26 (1) First page.......................... $1
27 (2) Next 19 pages, per page............. 50¢
28 (3) All remaining pages, per page....... 25¢
29 (r) Counterclaim
30 When any defendant files a counterclaim as
31 part of his or her answer or otherwise, or joins
32 another party as a third party defendant, or both,
33 he or she shall pay a fee for each such
34 counterclaim or third party action in an amount
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1 equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the
3 relief sought in the counterclaim or against the
4 third party defendant, less the amount of the
5 appearance fee, if that has been paid.
6 (s) Transcript of Judgment
7 From a court, the same fee as if case
8 originally filed.
9 (t) Publications
10 The cost of publication shall be paid directly
11 to the publisher by the person seeking the
12 publication, whether the clerk is required by law
13 to publish, or the parties to the action.
14 (u) Collections
15 (1) For all collections made for others,
16 except the State and County and except in
17 maintenance or child support cases, a sum equal to
18 2% of the amount collected and turned over.
19 (2) In any cases remanded to the Circuit
20 Court from the Supreme Court or the Appellate
21 Court, the Clerk shall file the remanding order and
22 reinstate the case with either its original number
23 or a new number. The Clerk shall not charge any
24 new or additional fee for the reinstatement. Upon
25 reinstatement the Clerk shall advise the parties of
26 the reinstatement. A party shall have the same
27 right to a jury trial on remand and reinstatement
28 as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a
30 jury trial after remand.
31 (3) In maintenance and child support matters,
32 the Clerk may deduct from each payment an amount
33 equal to the United States postage to be used in
34 mailing the maintenance or child support check to
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1 the recipient. In such cases, the Clerk shall
2 collect an annual fee of up to $36 from the person
3 making such payment for administering the
4 collection and distribution of maintenance and
5 child support payments. Such sum shall be in
6 addition to and separate from amounts ordered to be
7 paid as maintenance or child support and shall be
8 deposited in a separate Maintenance and Child
9 Support Collection Fund of which the Clerk shall be
10 the custodian, ex officio, to be used by the Clerk
11 to further maintenance and child support collection
12 efforts in his office. Unless paid in cash or
13 pursuant to an order for withholding, the payment
14 of the fee shall be by a separate instrument from
15 the support payment and shall be made to the order
16 of the Clerk. The Clerk may recover from the person
17 making the maintenance or child support payment any
18 additional cost incurred in the collection of this
19 annual fee.
20 The Clerk shall also be entitled to a fee of
21 $5 for certifications made to the Secretary of State as
22 provided in Section 7-703 of the Family Financial
23 Responsibility Law and these fees shall also be
24 deposited into the Separate Maintenance and Child
25 Support Collection Fund.
26 (v) Correction of Cases
27 For correcting the case number or case title
28 on any document filed in his office, to be charged
29 against the party that filed the document.......... $10
30 (w) Record Search
31 For searching a record, per year searched..... $4
32 (x) Printed Output
33 For each page of hard copy print output, when
34 case records are maintained on an automated medium. $2
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1 (y) Alias Summons
2 For each alias summons issued................. $2
3 (z) Expungement of Records
4 For each expungement petition filed........... $15
5 (aa) Other Fees
6 Any fees not covered by this Section shall be set by
7 rule or administrative order of the Circuit Court, with
8 the approval of the Supreme Court.
9 (bb) Exemptions
10 No fee provided for herein shall be charged to any
11 unit of State or local government or school district
12 unless the Court orders another party to pay such fee on
13 its behalf. The fee requirements of this Section shall
14 not apply to police departments or other law enforcement
15 agencies. In this Section, "law enforcement agency"
16 means an agency of the State or a unit of local
17 government that is vested by law or ordinance with the
18 duty to maintain public order and to enforce criminal
19 laws and ordinances. The fee requirements of this Section
20 shall not apply to any action instituted under subsection
21 (b) of Section 11-31-1 of the Illinois Municipal Code by
22 a private owner or tenant of real property within 1200
23 feet of a dangerous or unsafe building seeking an order
24 compelling the owner or owners of the building to take
25 any of the actions authorized under that subsection.
26 (cc) Adoptions
27 (1) For an adoption.............................$65
28 (2) Upon good cause shown, the court may waive the
29 adoption filing fee in a special needs adoption. The
30 term "special needs adoption" shall have the meaning
31 ascribed to it by the Illinois Department of Children and
32 Family Services.
33 (dd) Adoption exemptions
34 No fee other than that set forth in subsection (cc)
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1 shall be charged to any person in connection with an
2 adoption proceeding.
3 (ee) Additional Services
4 Beginning July 1, 1993, the clerk of the circuit
5 court may provide such additional services for which
6 there is no fee specified by statute in connection with
7 the operation of the clerk's office as may be requested
8 by the public and agreed to by the public and by the
9 clerk. Any charges for additional services shall be as
10 agreed to between the clerk and the party making the
11 request. Nothing in this subsection shall be as agreed
12 to between the clerk and the party making the request.
13 Nothing in this subsection shall be construed to require
14 any clerk to provide any service not otherwise required
15 by law.
16 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
17 7-1-96; 89-593, eff. 8-1-96.)
18 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
19 Sec. 27.1a. The fees of the clerks of the circuit court
20 in all counties having a population in excess of 180,000 but
21 not more than 650,000 inhabitants in the instances described
22 in this Section shall be as provided in this Section. The
23 fees shall be paid in advance and shall be as follows:
24 (a) Civil Cases.
25 The fee for filing a complaint, petition, or other
26 pleading initiating a civil action, with the following
27 exceptions, shall be $150.
28 (A) When the amount of money or damages or the
29 value of personal property claimed does not exceed
30 $250, $10.
31 (B) When that amount exceeds $250 but does not
32 exceed $500, $20.
33 (C) When that amount exceeds $500 but does not
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1 exceed $2500, $30.
2 (D) When that amount exceeds $2500 but does
3 not exceed $15,000, $75.
4 (E) For the exercise of eminent domain, $150.
5 For each additional lot or tract of land or right or
6 interest therein subject to be condemned, the
7 damages in respect to which shall require separate
8 assessment by a jury, $150.
9 (a-1) Family.
10 For filing a petition under the Juvenile Court Act
11 of 1987, $25.
12 For filing a petition for a marriage license, $10.
13 For performing a marriage in court, $10.
14 For filing a petition under the Illinois Parentage
15 Act of 1984, $40.
16 (b) Forcible Entry and Detainer.
17 In each forcible entry and detainer case when the
18 plaintiff seeks possession only or unites with his or her
19 claim for possession of the property a claim for rent or
20 damages or both in the amount of $15,000 or less, $40.
21 When the plaintiff unites his or her claim for possession
22 with a claim for rent or damages or both exceeding
23 $15,000, $150.
24 (c) Counterclaim or Joining Third Party Defendant.
25 When any defendant files a counterclaim as part of
26 his or her answer or otherwise or joins another party as
27 a third party defendant, or both, the defendant shall pay
28 a fee for each counterclaim or third party action in an
29 amount equal to the fee he or she would have had to pay
30 had he or she brought a separate action for the relief
31 sought in the counterclaim or against the third party
32 defendant, less the amount of the appearance fee, if that
33 has been paid.
34 (d) Confession of Judgment.
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1 In a confession of judgment when the amount does not
2 exceed $1500, $50. When the amount exceeds $1500, but
3 does not exceed $15,000, $115. When the amount exceeds
4 $15,000, $200.
5 (e) Appearance.
6 The fee for filing an appearance in each civil case
7 shall be $50, except as follows:
8 (A) When the plaintiff in a forcible entry and
9 detainer case seeks possession only, $20.
10 (B) When the amount in the case does not
11 exceed $1500, $20.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, $40.
14 (f) Garnishment, Wage Deduction, and Citation.
15 In garnishment affidavit, wage deduction affidavit,
16 and citation petition when the amount does not exceed
17 $1,000, $10; when the amount exceeds $1,000 but does not
18 exceed $5,000, $20; and when the amount exceeds $5,000,
19 $30.
20 (g) Petition to Vacate or Modify.
21 (1) Petition to vacate or modify any final judgment
22 or order of court, except in forcible entry and detainer
23 cases and small claims cases or a petition to reopen an
24 estate, to modify, terminate, or enforce a judgment or
25 order for child or spousal support, or to modify,
26 suspend, or terminate an order for withholding, if filed
27 before 30 days after the entry of the judgment or order,
28 $40.
29 (2) Petition to vacate or modify any final judgment
30 or order of court, except a petition to modify,
31 terminate, or enforce a judgment or order for child or
32 spousal support or to modify, suspend, or terminate an
33 order for withholding, if filed later than 30 days after
34 the entry of the judgment or order, $60.
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1 (3) Petition to vacate order of bond forfeiture,
2 $20.
3 (h) Mailing.
4 When the clerk is required to mail, the fee will be
5 $6, plus the cost of postage.
6 (i) Certified Copies.
7 Each certified copy of a judgment after the first,
8 except in small claims and forcible entry and detainer
9 cases, $10.
10 (j) Habeas Corpus.
11 For filing a petition for relief by habeas corpus,
12 $80.
13 (k) Certification, Authentication, and Reproduction.
14 (1) Each certification or authentication for taking
15 the acknowledgment of a deed or other instrument in
16 writing with the seal of office, $4.
17 (2) Court appeals when original documents are
18 forwarded, under 100 pages, plus delivery and costs, $50.
19 (3) Court appeals when original documents are
20 forwarded, over 100 pages, plus delivery and costs, $120.
21 (4) Court appeals when original documents are
22 forwarded, over 200 pages, an additional fee of 20 cents
23 per page.
24 (5) For reproduction of any document contained in
25 the clerk's files:
26 (A) First page, $2.
27 (B) Next 19 pages, 50 cents per page.
28 (C) All remaining pages, 25 cents per page.
29 (l) Remands.
30 In any cases remanded to the Circuit Court from the
31 Supreme Court or the Appellate Court for a new trial, the
32 clerk shall file the remanding order and reinstate the
33 case with either its original number or a new number. The
34 Clerk 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
6 remand.
7 (m) Record Search.
8 For each record search, within a division or
9 municipal district, the clerk shall be entitled to a
10 search fee of $4 for each year searched.
11 (n) Hard Copy.
12 For each page of hard copy print output, when case
13 records are maintained on an automated medium, the clerk
14 shall be entitled to a fee of $4.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code and for filing
29 a transcript of commitment proceedings held in another
30 county, $25.
31 (q) Alias Summons.
32 For each alias summons or citation issued by the
33 clerk, $4.
34 (r) Other Fees.
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1 Any fees not covered in this Section shall be set by
2 rule or administrative order of the Circuit Court with
3 the approval of the Administrative Office of the Illinois
4 Courts.
5 The clerk of the circuit court may provide
6 additional services for which there is no fee specified
7 by statute in connection with the operation of the
8 clerk's office as may be requested by the public and
9 agreed to by the clerk and approved by the chief judge of
10 the circuit court. Any charges for additional services
11 shall be as agreed to between the clerk and the party
12 making the request and approved by the chief judge of the
13 circuit court. Nothing in this subsection shall be
14 construed to require any clerk to provide any service not
15 otherwise required by law.
16 (s) Jury Services.
17 The clerk shall be entitled to receive, in addition
18 to other fees allowed by law, the sum of $180, as a fee
19 for the services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding for the
21 exercise of the right of eminent domain and in every
22 other action wherein the right of trial by jury is or may
23 be given by law. The jury fee shall be paid by the party
24 demanding a jury at the time of filing the jury demand.
25 If the fee is not paid by either party, no jury shall be
26 called in the action or proceeding, and the same shall be
27 tried by the court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, $10;
30 for recording the same, 25¢ for each 100 words.
31 Exceptions filed to claims presented to an assignee of a
32 debtor who has made a voluntary assignment for the
33 benefit of creditors shall be considered and treated, for
34 the purpose of taxing costs therein, as actions in which
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1 the party or parties filing the exceptions shall be
2 considered as party or parties plaintiff, and the
3 claimant or claimants as party or parties defendant, and
4 those parties respectively shall pay to the clerk the
5 same fees as provided by this Section to be paid in other
6 actions.
7 (u) Expungement Petition.
8 The clerk shall be entitled to receive a fee of $30
9 for each expungement petition filed and an additional fee
10 of $2 for each certified copy of an order to expunge
11 arrest records.
12 (v) Probate.
13 The clerk is entitled to receive the fees specified in
14 this subsection (v), which shall be paid in advance, except
15 that, for good cause shown, the court may suspend, reduce, or
16 release the costs payable under this subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person,
19 $100, plus the fees specified in subsection (v)(3),
20 except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be
23 $25.
24 (B) When (i) proof of heirship alone is made,
25 (ii) a domestic or foreign will is admitted to
26 probate without administration (including proof of
27 heirship), or (iii) letters of office are issued for
28 a particular purpose without administration of the
29 estate, the fee shall be $25.
30 (2) For administration of the estate of a ward,
31 $50, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
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1 $25.
2 (B) When (i) letters of office are issued to a
3 guardian of the person, but not of the estate or
4 (ii) letters of office are issued in the estate of a
5 ward without administration of the estate, including
6 filing or joining in the filing of a tax return or
7 releasing a mortgage or consenting to the marriage
8 of the ward, the fee shall be $10.
9 (3) In addition to the fees payable under
10 subsection (v)(1) or (v)(2) of this Section, the
11 following fees are payable:
12 (A) For each account (other than one final
13 account) filed in the estate of a decedent, or ward,
14 $15.
15 (B) For filing a claim in an estate when the
16 amount claimed is $150 or more but less than $500,
17 $10; when the amount claimed is $500 or more but
18 less than $10,000, $25; when the amount claimed is
19 $10,000 or more, $40; provided that the court in
20 allowing a claim may add to the amount allowed the
21 filing fee paid by the claimant.
22 (C) For filing in an estate a claim, petition,
23 or supplemental proceeding based upon an action
24 seeking equitable relief including the construction
25 or contest of a will, enforcement of a contract to
26 make a will, and proceedings involving testamentary
27 trusts or the appointment of testamentary trustees,
28 $40.
29 (D) For filing in an estate (i) the appearance
30 of any person for the purpose of consent or (ii) the
31 appearance of an executor, administrator,
32 administrator to collect, guardian, guardian ad
33 litem, or special administrator, no fee.
34 (E) Except as provided in subsection
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1 (v)(3)(D), for filing the appearance of any person
2 or persons, $10.
3 (F) For each jury demand, $90.
4 (G) For disposition of the collection of a
5 judgment or settlement of an action or claim for
6 wrongful death of a decedent or of any cause of
7 action of a ward, when there is no other
8 administration of the estate, $30, less any amount
9 paid under subsection (v)(1)(B) or (v)(2)(B) except
10 that if the amount involved does not exceed $5,000,
11 the fee, including any amount paid under subsection
12 (v)(1)(B) or (v)(2)(B), shall be $10.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, $1,
15 plus 50¢ per page in excess of 3 pages for the
16 document certified.
17 (I) For each exemplification, $1, plus the fee
18 for certification.
19 (4) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay the cost of publication by the clerk
22 directly to the newspaper.
23 (5) The person on whose behalf a charge is incurred
24 for witness, court reporter, appraiser, or other
25 miscellaneous fee shall pay the same directly to the
26 person entitled thereto.
27 (6) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay to the clerk all postage charges
30 incurred by the clerk in mailing petitions, orders,
31 notices, or other documents pursuant to the provisions of
32 the Probate Act of 1975.
33 (w) Criminal and Quasi-Criminal Costs and Fees.
34 (1) The clerk shall be entitled to costs in all
HB1258 Engrossed -19- LRB9001255PTcw
1 criminal and quasi-criminal cases from each person
2 convicted or sentenced to supervision therein as follows:
3 (A) Felony complaints, $80.
4 (B) Misdemeanor complaints, $50.
5 (C) Business offense complaints, $50.
6 (D) Petty offense complaints, $50.
7 (E) Minor traffic or ordinance violations,
8 $20.
9 (F) When court appearance required, $30.
10 (G) Motions to vacate or amend final orders,
11 $20.
12 (H) Motions to vacate bond forfeiture orders,
13 $20.
14 (I) Motions to vacate ex parte judgments,
15 whenever filed, $20.
16 (J) Motions to vacate judgment on forfeitures,
17 whenever filed, $20.
18 (K) Motions to vacate "failure to appear" or
19 "failure to comply" notices sent to the Secretary of
20 State, $20.
21 (2) In counties having a population in excess of
22 180,000 but not more than 650,000 inhabitants, when the
23 violation complaint is issued by a municipal police
24 department, the clerk shall be entitled to costs from
25 each person convicted therein as follows:
26 (A) Minor traffic or ordinance violations,
27 $10.
28 (B) When court appearance required, $15.
29 (3) In ordinance violation cases punishable by fine
30 only, the clerk of the circuit court shall be entitled to
31 receive, unless the fee is excused upon a finding by the
32 court that the defendant is indigent, in addition to
33 other fees or costs allowed or imposed by law, the sum of
34 $50 as a fee for the services of a jury. The jury fee
HB1258 Engrossed -20- LRB9001255PTcw
1 shall be paid by the defendant at the time of filing his
2 or her jury demand. If the fee is not so paid by the
3 defendant, no jury shall be called, and the case shall be
4 tried by the court without a jury.
5 (x) Transcripts of Judgment.
6 For the filing of a transcript of judgment, the
7 clerk shall be entitled to the same fee as if it were the
8 commencement of a new suit.
9 (y) Change of Venue.
10 (1) For the filing of a change of case on a change
11 of venue, the clerk shall be entitled to the same fee as
12 if it were the commencement of a new suit.
13 (2) The fee for the preparation and certification
14 of a record on a change of venue to another jurisdiction,
15 when original documents are forwarded, $25.
16 (z) Tax objection complaints.
17 For each tax objection complaint containing one or
18 more tax objections, regardless of the number of parcels
19 involved or the number of taxpayers joining on the
20 complaint, $25.
21 (aa) Tax Deeds.
22 (1) Petition for tax deed, if only one parcel is
23 involved, $150.
24 (2) For each additional parcel, add a fee of $50.
25 (bb) Collections.
26 (1) For all collections made of others, except the
27 State and county and except in maintenance or child
28 support cases, a sum equal to 2.5% of the amount
29 collected and turned over.
30 (2) Interest earned on any funds held by the clerk
31 shall be turned over to the county general fund as an
32 earning of the office.
33 (3) For any check, draft, or other bank instrument
34 returned to the clerk for non-sufficient funds, account
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1 closed, or payment stopped, $25.
2 (4) In child support and maintenance cases, the
3 clerk, if authorized by an ordinance of the county board,
4 may collect an annual fee of up to $36 from the person
5 making payment for administering the collection and
6 distribution of maintenance and child support payments.
7 This fee shall be in addition to and separate from
8 amounts ordered to be paid as maintenance or child
9 support and shall be deposited into a Separate
10 Maintenance and Child Support Collection Fund, of which
11 the clerk shall be the custodian, ex-officio, to be used
12 by the clerk to further maintenance and child supports in
13 his or her office. The clerk may recover from the person
14 making the maintenance or child support payment any
15 additional cost incurred in the collection of this annual
16 fee.
17 The clerk shall also be entitled to a fee of $5 for
18 certifications made to the Secretary of State as provided
19 in Section 7-703 of the Family Financial Responsibility
20 Law and these fees shall also be deposited into the
21 Separate Maintenance and Child Support Collection Fund.
22 (cc) Corrections of Numbers.
23 For correction of the case number, case title, or
24 attorney computer identification number, if required by
25 rule of court, on any document filed in the clerk's
26 office, to be charged against the party that filed the
27 document, $15.
28 (dd) Exceptions.
29 (1) The fee requirements of this Section shall not
30 apply to police departments or other law enforcement
31 agencies. In this Section, "law enforcement agency"
32 means an agency of the State or a unit of local
33 government which is vested by law or ordinance with the
34 duty to maintain public order and to enforce criminal
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1 laws or ordinances. "Law enforcement agency" also means
2 the Attorney General or any state's attorney.
3 (2) No fee provided herein shall be charged to any
4 unit of local government or school district.
5 (3) The fee requirements of this Section shall not
6 apply to any action instituted under subsection (b) of
7 Section 11-31-1 of the Illinois Municipal Code by a
8 private owner or tenant of real property within 1200 feet
9 of a dangerous or unsafe building seeking an order
10 compelling the owner or owners of the building to take
11 any of the actions authorized under that subsection.
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
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family 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.
23 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
24 7-1-96; 89-593, eff. 8-1-96.)
25 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
26 Sec. 27.2. The fees of the clerks of the circuit court
27 in all counties having a population in excess of 650,000
28 inhabitants but less than 3,000,000 inhabitants in the
29 instances described in this Section shall be as provided in
30 this Section. In addition, the fees provided in this Section
31 shall apply to all units of local government and school
32 districts in counties with more than 3,000,000 inhabitants.
33 The fees shall be paid in advance and shall be as follows:
HB1258 Engrossed -23- LRB9001255PTcw
1 (a) Civil Cases.
2 The fee for filing a complaint, petition, or other
3 pleading initiating a civil action, with the following
4 exceptions, shall be $150.
5 (A) When the amount of money or damages or the
6 value of personal property claimed does not exceed
7 $250, $10.
8 (B) When that amount exceeds $250 but does not
9 exceed $500, $20.
10 (C) When that amount exceeds $500 but does not
11 exceed $2500, $30.
12 (D) When that amount exceeds $2500 but does
13 not exceed $15,000, $75.
14 (E) For the exercise of eminent domain, $150.
15 For each additional lot or tract of land or right or
16 interest therein subject to be condemned, the
17 damages in respect to which shall require separate
18 assessment by a jury, $150.
19 (b) Forcible Entry and Detainer.
20 In each forcible entry and detainer case when the
21 plaintiff seeks possession only or unites with his or her
22 claim for possession of the property a claim for rent or
23 damages or both in the amount of $15,000 or less, $40.
24 When the plaintiff unites his or her claim for possession
25 with a claim for rent or damages or both exceeding
26 $15,000, $150.
27 (c) Counterclaim or Joining Third Party Defendant.
28 When any defendant files a counterclaim as part of
29 his or her answer or otherwise or joins another party as
30 a third party defendant, or both, the defendant shall pay
31 a fee for each counterclaim or third party action in an
32 amount equal to the fee he or she would have had to pay
33 had he or she brought a separate action for the relief
34 sought in the counterclaim or against the third party
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1 defendant, less the amount of the appearance fee, if that
2 has been paid.
3 (d) Confession of Judgment.
4 In a confession of judgment when the amount does not
5 exceed $1500, $50. When the amount exceeds $1500, but
6 does not exceed $15,000, $115. When the amount exceeds
7 $15,000, $200.
8 (e) Appearance.
9 The fee for filing an appearance in each civil case
10 shall be $50, except as follows:
11 (A) When the plaintiff in a forcible entry and
12 detainer case seeks possession only; $20.
13 (B) When the amount in the case does not
14 exceed $1500, $20.
15 (C) When that amount exceeds $1500 but does
16 not exceed $15,000, $40.
17 (f) Garnishment, Wage Deduction, and Citation.
18 In garnishment affidavit, wage deduction affidavit,
19 and citation petition when the amount does not exceed
20 $1,000, $10; when the amount exceeds $1,000 but does not
21 exceed $5,000, $20; and when the amount exceeds $5,000,
22 $30.
23 (g) Petition to Vacate or Modify.
24 (1) Petition to vacate or modify any final judgment
25 or order of court, except in forcible entry and detainer
26 cases and small claims cases or a petition to reopen an
27 estate, to modify, terminate, or enforce a judgment or
28 order for child or spousal support, or to modify,
29 suspend, or terminate an order for withholding, if filed
30 before 30 days after the entry of the judgment or order,
31 $40.
32 (2) Petition to vacate or modify any final judgment
33 or order of court, except a petition to modify,
34 terminate, or enforce a judgment or order for child or
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1 spousal support or to modify, suspend, or terminate an
2 order for withholding, if filed later than 30 days after
3 the entry of the judgment or order, $60.
4 (3) Petition to vacate order of bond forfeiture,
5 $20.
6 (h) Mailing.
7 When the clerk is required to mail, the fee will be
8 $6, plus the cost of postage.
9 (i) Certified Copies.
10 Each certified copy of a judgment after the first,
11 except in small claims and forcible entry and detainer
12 cases, $10.
13 (j) Habeas Corpus.
14 For filing a petition for relief by habeas corpus,
15 $80.
16 (k) Certification, Authentication, and Reproduction.
17 (1) Each certification or authentication for taking
18 the acknowledgment of a deed or other instrument in
19 writing with the seal of office, $4.
20 (2) Court appeals when original documents are
21 forwarded, under 100 pages, plus delivery and costs, $50.
22 (3) Court appeals when original documents are
23 forwarded, over 100 pages, plus delivery and costs, $120.
24 (4) Court appeals when original documents are
25 forwarded, over 200 pages, an additional fee of 20 cents
26 per page.
27 (5) For reproduction of any document contained in
28 the clerk's files:
29 (A) First page, $2.
30 (B) Next 19 pages, 50 cents per page.
31 (C) All remaining pages, 25 cents per page.
32 (l) Remands.
33 In any cases remanded to the Circuit Court from the
34 Supreme Court or the Appellate Court for a new trial, the
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1 clerk shall file the remanding order and reinstate the
2 case with either its original number or a new number.
3 The Clerk shall not charge any new or additional fee for
4 the reinstatement. Upon reinstatement the Clerk shall
5 advise the parties of the reinstatement. A party shall
6 have the same right to a jury trial on remand and
7 reinstatement as he or she had before the appeal, and no
8 additional or new fee or charge shall be made for a jury
9 trial after remand.
10 (m) Record Search.
11 For each record search, within a division or
12 municipal district, the clerk shall be entitled to a
13 search fee of $4 for each year searched.
14 (n) Hard Copy.
15 For each page of hard copy print output, when case
16 records are maintained on an automated medium, the clerk
17 shall be entitled to a fee of $4.
18 (o) Index Inquiry and Other Records.
19 No fee shall be charged for a single
20 plaintiff/defendant index inquiry or single case record
21 inquiry when this request is made in person and the
22 records are maintained in a current automated medium, and
23 when no hard copy print output is requested. The fees to
24 be charged for management records, multiple case records,
25 and multiple journal records may be specified by the
26 Chief Judge pursuant to the guidelines for access and
27 dissemination of information approved by the Supreme
28 Court.
29 (p) Commitment Petitions.
30 For filing commitment petitions under the Mental
31 Health and Developmental Disabilities Code, $25.
32 (q) Alias Summons.
33 For each alias summons or citation issued by the
34 clerk, $4.
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1 (r) Other Fees.
2 Any fees not covered in this Section shall be set by
3 rule or administrative order of the Circuit Court with
4 the approval of the Administrative Office of the Illinois
5 Courts.
6 The clerk of the circuit court may provide
7 additional services for which there is no fee specified
8 by statute in connection with the operation of the
9 clerk's office as may be requested by the public and
10 agreed to by the clerk and approved by the chief judge of
11 the circuit court. Any charges for additional services
12 shall be as agreed to between the clerk and the party
13 making the request and approved by the chief judge of the
14 circuit court. Nothing in this subsection shall be
15 construed to require any clerk to provide any service not
16 otherwise required by law.
17 (s) Jury Services.
18 The clerk shall be entitled to receive, in addition
19 to other fees allowed by law, the sum of $180, as a fee
20 for the services of a jury in every civil action not
21 quasi-criminal in its nature and not a proceeding for the
22 exercise of the right of eminent domain and in every
23 other action wherein the right of trial by jury is or may
24 be given by law. The jury fee shall be paid by the party
25 demanding a jury at the time of filing the jury demand.
26 If the fee is not paid by either party, no jury shall be
27 called in the action or proceeding, and the same shall be
28 tried by the court without a jury.
29 (t) Voluntary Assignment.
30 For filing each deed of voluntary assignment, $10;
31 for recording the same, 25¢ for each 100 words.
32 Exceptions filed to claims presented to an assignee of a
33 debtor who has made a voluntary assignment for the
34 benefit of creditors shall be considered and treated, for
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1 the purpose of taxing costs therein, as actions in which
2 the party or parties filing the exceptions shall be
3 considered as party or parties plaintiff, and the
4 claimant or claimants as party or parties defendant, and
5 those parties respectively shall pay to the clerk the
6 same fees as provided by this Section to be paid in other
7 actions.
8 (u) Expungement Petition.
9 The clerk shall be entitled to receive a fee of $30
10 for each expungement petition filed and an additional fee
11 of $2 for each certified copy of an order to expunge
12 arrest records.
13 (v) Probate.
14 The clerk is entitled to receive the fees specified in
15 this subsection (v), which shall be paid in advance, except
16 that, for good cause shown, the court may suspend, reduce, or
17 release the costs payable under this subsection:
18 (1) For administration of the estate of a decedent
19 (whether testate or intestate) or of a missing person,
20 $100, plus the fees specified in subsection (v)(3),
21 except:
22 (A) When the value of the real and personal
23 property does not exceed $15,000, the fee shall be
24 $25.
25 (B) When (i) proof of heirship alone is made,
26 (ii) a domestic or foreign will is admitted to
27 probate without administration (including proof of
28 heirship), or (iii) letters of office are issued for
29 a particular purpose without administration of the
30 estate, the fee shall be $25.
31 (2) For administration of the estate of a ward,
32 $50, plus the fees specified in subsection (v)(3),
33 except:
34 (A) When the value of the real and personal
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1 property does not exceed $15,000, the fee shall be
2 $25.
3 (B) When (i) letters of office are issued to a
4 guardian of the person, but not of the estate or
5 (ii) letters of office are issued in the estate of a
6 ward without administration of the estate, including
7 filing or joining in the filing of a tax return or
8 releasing a mortgage or consenting to the marriage
9 of the ward, the fee shall be $10.
10 (3) In addition to the fees payable under
11 subsection (v)(1) or (v)(2) of this Section, the
12 following fees are payable:
13 (A) For each account (other than one final
14 account) filed in the estate of a decedent, or ward,
15 $15.
16 (B) For filing a claim in an estate when the
17 amount claimed is $150 or more but less than $500,
18 $10; when the amount claimed is $500 or more but
19 less than $10,000, $25; when the amount claimed is
20 $10,000 or more, $40; provided that the court in
21 allowing a claim may add to the amount allowed the
22 filing fee paid by the claimant.
23 (C) For filing in an estate a claim, petition,
24 or supplemental proceeding based upon an action
25 seeking equitable relief including the construction
26 or contest of a will, enforcement of a contract to
27 make a will, and proceedings involving testamentary
28 trusts or the appointment of testamentary trustees,
29 $40.
30 (D) For filing in an estate (i) the appearance
31 of any person for the purpose of consent or (ii) the
32 appearance of an executor, administrator,
33 administrator to collect, guardian, guardian ad
34 litem, or special administrator, no fee.
HB1258 Engrossed -30- LRB9001255PTcw
1 (E) Except as provided in subsection
2 (v)(3)(D), for filing the appearance of any person
3 or persons, $10.
4 (F) For each jury demand, $90.
5 (G) For disposition of the collection of a
6 judgment or settlement of an action or claim for
7 wrongful death of a decedent or of any cause of
8 action of a ward, when there is no other
9 administration of the estate, $30, 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,
12 the fee, including any amount paid under subsection
13 (v)(1)(B) or (v)(2)(B), shall be $10.
14 (H) For each certified copy of letters of
15 office, of court order or other certification, $1,
16 plus 50¢ per page in excess of 3 pages for the
17 document certified.
18 (I) For each exemplification, $1, plus the fee
19 for certification.
20 (4) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay the cost of publication by the clerk
23 directly to the newspaper.
24 (5) The person on whose behalf a charge is incurred
25 for witness, court reporter, appraiser, or other
26 miscellaneous fee shall pay the same directly to the
27 person entitled thereto.
28 (6) The executor, administrator, guardian,
29 petitioner, or other interested person or his attorney
30 shall pay to the clerk all postage charges incurred by
31 the clerk in mailing petitions, orders, notices, or other
32 documents pursuant to the provisions of the Probate Act
33 of 1975.
34 (w) Criminal and Quasi-Criminal Costs and Fees.
HB1258 Engrossed -31- LRB9001255PTcw
1 (1) The clerk shall be entitled to costs in all
2 criminal and quasi-criminal cases from each person
3 convicted or sentenced to supervision therein as follows:
4 (A) Felony complaints, $80.
5 (B) Misdemeanor complaints, $50.
6 (C) Business offense complaints, $50.
7 (D) Petty offense complaints, $50.
8 (E) Minor traffic or ordinance violations,
9 $20.
10 (F) When court appearance required, $30.
11 (G) Motions to vacate or amend final orders,
12 $20.
13 (H) Motions to vacate bond forfeiture orders,
14 $20.
15 (I) Motions to vacate ex parte judgments,
16 whenever filed, $20.
17 (J) Motions to vacate judgment on forfeitures,
18 whenever filed, $20.
19 (K) Motions to vacate "failure to appear" or
20 "failure to comply" notices sent to the Secretary of
21 State, $20.
22 (2) In counties having a population of more than
23 650,000 but fewer than 3,000,000 inhabitants, when the
24 violation complaint is issued by a municipal police
25 department, the clerk shall be entitled to costs from
26 each person convicted therein as follows:
27 (A) Minor traffic or ordinance violations,
28 $10.
29 (B) When court appearance required, $15.
30 (3) In ordinance violation cases punishable by fine
31 only, the clerk of the circuit court shall be entitled to
32 receive, unless the fee is excused upon a finding by the
33 court that the defendant is indigent, in addition to
34 other fees or costs allowed or imposed by law, the sum of
HB1258 Engrossed -32- LRB9001255PTcw
1 $50 as a fee for the services of a jury. The jury fee
2 shall be paid by the defendant at the time of filing his
3 or her jury demand. If the fee is not so paid by the
4 defendant, no jury shall be called, and the case shall be
5 tried by the court without a jury.
6 (x) Transcripts of Judgment.
7 For the filing of a transcript of judgment, the
8 clerk shall be entitled to the same fee as if it were the
9 commencement of new suit.
10 (y) Change of Venue.
11 (1) For the filing of a change of case on a change
12 of venue, the clerk shall be entitled to the same fee as
13 if it were the commencement of a new suit.
14 (2) The fee for the preparation and certification
15 of a record on a change of venue to another jurisdiction,
16 when original documents are forwarded, $25.
17 (z) Tax objection complaints.
18 For each tax objection complaint containing one or
19 more tax objections, regardless of the number of parcels
20 involved or the number of taxpayers joining in the
21 complaint, $25.
22 (aa) Tax Deeds.
23 (1) Petition for tax deed, if only one parcel is
24 involved, $150.
25 (2) For each additional parcel, add a fee of $50.
26 (bb) Collections.
27 (1) For all collections made of others, except the
28 State and county and except in maintenance or child
29 support cases, a sum equal to 2.5% of the amount
30 collected and turned over.
31 (2) Interest earned on any funds held by the clerk
32 shall be turned over to the county general fund as an
33 earning of the office.
34 (3) For any check, draft, or other bank instrument
HB1258 Engrossed -33- LRB9001255PTcw
1 returned to the clerk for non-sufficient funds, account
2 closed, or payment stopped, $25.
3 (4) In child support and maintenance cases, the
4 clerk, if authorized by an ordinance of the county board,
5 may collect an annual fee of up to $36 from the person
6 making payment for administering the collection and
7 distribution of maintenance and child support payments.
8 This fee shall be in addition to and separate from
9 amounts ordered to be paid as maintenance or child
10 support and shall be deposited into a Separate
11 Maintenance and Child Support Collection Fund, of which
12 the clerk shall be the custodian, ex-officio, to be used
13 by the clerk to further maintenance and child supports in
14 his or her office. The clerk may recover from the person
15 making the maintenance or child support payment any
16 additional cost incurred in the collection of this annual
17 fee.
18 The clerk shall also be entitled to a fee of $5 for
19 certifications made to the Secretary of State as provided
20 in Section 7-703 of the Family Financial Responsibility
21 Law and these fees shall also be deposited into the
22 Separate Maintenance and Child Support Collection Fund.
23 (cc) Corrections of Numbers.
24 For correction of the case number, case title, or
25 attorney computer identification number, if required by
26 rule of court, on any document filed in the clerk's
27 office, to be charged against the party that filed the
28 document, $15.
29 (dd) Exceptions.
30 The fee requirements of this Section shall not apply
31 to police departments or other law enforcement agencies.
32 In this Section, "law enforcement agency" means an agency
33 of the State or a unit of local government which is
34 vested by law or ordinance with the duty to maintain
HB1258 Engrossed -34- LRB9001255PTcw
1 public order and to enforce criminal laws or ordinances.
2 "Law enforcement agency" also means the Attorney General
3 or any state's attorney. The fee requirements of this
4 Section shall not apply to any action instituted under
5 subsection (b) of Section 11-31-1 of the Illinois
6 Municipal Code by a private owner or tenant of real
7 property within 1200 feet of a dangerous or unsafe
8 building seeking an order compelling the owner or owners
9 of the building to take any of the actions authorized
10 under that subsection.
11 (ee) Adoptions.
12 (1) For an adoption.............................$65
13 (2) Upon good cause shown, the court may waive the
14 adoption filing fee in a special needs adoption. The
15 term "special needs adoption" shall have the meaning
16 ascribed to it by the Illinois Department of Children and
17 Family Services.
18 (ff) Adoption exemptions.
19 No fee other than that set forth in subsection (ee)
20 shall be charged to any person in connection with an
21 adoption proceeding.
22 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
23 7-1-96; 89-593, eff. 8-1-96.)
24 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
25 Sec. 27.2a. The fees of the clerks of the circuit court
26 in all counties having a population of 3,000,000 or more
27 inhabitants in the instances described in this Section shall
28 be as provided in this Section. The fees shall be paid in
29 advance and shall be as follows:
30 (a) Civil Cases.
31 The fee for filing a complaint, petition, or other
32 pleading initiating a civil action, with the following
33 exceptions, shall be $190.
HB1258 Engrossed -35- LRB9001255PTcw
1 (A) When the amount of money or damages or the
2 value of personal property claimed does not exceed
3 $250, $15.
4 (B) When that amount exceeds $250 but does not
5 exceed $1000, $40.
6 (C) When that amount exceeds $1000 but does
7 not exceed $2500, $50.
8 (D) When that amount exceeds $2500 but does
9 not exceed $5000, $100.
10 (E) When that amount exceeds $5000 but does
11 not exceed $15,000, $150.
12 (F) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (b) Forcible Entry and Detainer.
18 In each forcible entry and detainer case when the
19 plaintiff seeks possession only or unites with his or her
20 claim for possession of the property a claim for rent or
21 damages or both in the amount of $15,000 or less, $75.
22 When the plaintiff unites his or her claim for possession
23 with a claim for rent or damages or both exceeding
24 $15,000, $225.
25 (c) Counterclaim or Joining Third Party Defendant.
26 When any defendant files a counterclaim as part of
27 his or her answer or otherwise or joins another party as
28 a third party defendant, or both, the defendant shall pay
29 a fee for each counterclaim or third party action in an
30 amount equal to the fee he or she would have had to pay
31 had he or she brought a separate action for the relief
32 sought in the counterclaim or against the third party
33 defendant, less the amount of the appearance fee, if that
34 has been paid.
HB1258 Engrossed -36- LRB9001255PTcw
1 (d) Confession of Judgment.
2 In a confession of judgment when the amount does not
3 exceed $1500, $60. When the amount exceeds $1500, but
4 does not exceed $5000, $75. When the amount exceeds
5 $5000, but does not exceed $15,000, $175. When the amount
6 exceeds $15,000, $250.
7 (e) Appearance.
8 The fee for filing an appearance in each civil case
9 shall be $75, except as follows:
10 (A) When the plaintiff in a forcible entry and
11 detainer case seeks possession only, $40.
12 (B) When the amount in the case does not
13 exceed $1500, $40.
14 (C) When that amount exceeds $1500 but does
15 not exceed $15,000, $60.
16 (f) Garnishment, Wage Deduction, and Citation.
17 In garnishment affidavit, wage deduction affidavit,
18 and citation petition when the amount does not exceed
19 $1,000, $15; when the amount exceeds $1,000 but does not
20 exceed $5,000, $30; and when the amount exceeds $5,000,
21 $50.
22 (g) Petition to Vacate or Modify.
23 (1) Petition to vacate or modify any final judgment
24 or order of court, except in forcible entry and detainer
25 cases and small claims cases or a petition to reopen an
26 estate, to modify, terminate, or enforce a judgment or
27 order for child or spousal support, or to modify,
28 suspend, or terminate an order for withholding, if filed
29 before 30 days after the entry of the judgment or order,
30 $50.
31 (2) Petition to vacate or modify any final judgment
32 or order of court, except a petition to modify,
33 terminate, or enforce a judgment or order for child or
34 spousal support or to modify, suspend, or terminate an
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1 order for withholding, if filed later than 30 days after
2 the entry of the judgment or order, $75.
3 (3) Petition to vacate order of bond forfeiture,
4 $40.
5 (h) Mailing.
6 When the clerk is required to mail, the fee will be
7 $10, plus the cost of postage.
8 (i) Certified Copies.
9 Each certified copy of a judgment after the first,
10 except in small claims and forcible entry and detainer
11 cases, $15.
12 (j) Habeas Corpus.
13 For filing a petition for relief by habeas corpus,
14 $125.
15 (k) Certification, Authentication, and Reproduction.
16 (1) Each certification or authentication for taking
17 the acknowledgment of a deed or other instrument in
18 writing with the seal of office, $6.
19 (2) Court appeals when original documents are
20 forwarded, under 100 pages, plus delivery and costs, $75.
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery and costs, $150.
23 (4) Court appeals when original documents are
24 forwarded, over 200 pages, an additional fee of 25 cents
25 per page.
26 (5) For reproduction of any document contained in
27 the clerk's files:
28 (A) First page, $2.
29 (B) Next 19 pages, 50 cents per page.
30 (C) All remaining pages, 25 cents per page.
31 (l) Remands.
32 In any cases remanded to the Circuit Court from the
33 Supreme Court or the Appellate Court for a new trial, the
34 clerk shall file the remanding order and reinstate the
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1 case with either its original number or a new number.
2 The Clerk shall not charge any new or additional fee for
3 the reinstatement. Upon reinstatement the Clerk shall
4 advise the parties of the reinstatement. A party shall
5 have the same right to a jury trial on remand and
6 reinstatement as he or she had before the appeal, and no
7 additional or new fee or charge shall be made for a jury
8 trial after remand.
9 (m) Record Search.
10 For each record search, within a division or
11 municipal district, the clerk shall be entitled to a
12 search fee of $6 for each year searched.
13 (n) Hard Copy.
14 For each page of hard copy print output, when case
15 records are maintained on an automated medium, the clerk
16 shall be entitled to a fee of $6.
17 (o) Index Inquiry and Other Records.
18 No fee shall be charged for a single
19 plaintiff/defendant index inquiry or single case record
20 inquiry when this request is made in person and the
21 records are maintained in a current automated medium, and
22 when no hard copy print output is requested. The fees to
23 be charged for management records, multiple case records,
24 and multiple journal records may be specified by the
25 Chief Judge pursuant to the guidelines for access and
26 dissemination of information approved by the Supreme
27 Court.
28 (p) Commitment Petitions.
29 For filing commitment petitions under the Mental
30 Health and Developmental Disabilities Code, $50.
31 (q) Alias Summons.
32 For each alias summons or citation issued by the
33 clerk, $5.
34 (r) Other Fees.
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1 Any fees not covered in this Section shall be set by
2 rule or administrative order of the Circuit Court with
3 the approval of the Administrative Office of the Illinois
4 Courts.
5 The clerk of the circuit court may provide
6 additional services for which there is no fee specified
7 by statute in connection with the operation of the
8 clerk's office as may be requested by the public and
9 agreed to by the clerk and approved by the chief judge of
10 the circuit court. Any charges for additional services
11 shall be as agreed to between the clerk and the party
12 making the request and approved by the chief judge of the
13 circuit court. Nothing in this subsection shall be
14 construed to require any clerk to provide any service not
15 otherwise required by law.
16 (s) Jury Services.
17 The clerk shall be entitled to receive, in addition
18 to other fees allowed by law, the sum of $200, as a fee
19 for the services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding for the
21 exercise of the right of eminent domain and in every
22 other action wherein the right of trial by jury is or may
23 be given by law. The jury fee shall be paid by the party
24 demanding a jury at the time of filing the jury demand.
25 If the fee is not paid by either party, no jury shall be
26 called in the action or proceeding, and the same shall be
27 tried by the court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, $20;
30 for recording the same, 50¢ for each 100 words.
31 Exceptions filed to claims presented to an assignee of a
32 debtor who has made a voluntary assignment for the
33 benefit of creditors shall be considered and treated, for
34 the purpose of taxing costs therein, as actions in which
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1 the party or parties filing the exceptions shall be
2 considered as party or parties plaintiff, and the
3 claimant or claimants as party or parties defendant, and
4 those parties respectively shall pay to the clerk the
5 same fees as provided by this Section to be paid in other
6 actions.
7 (u) Expungement Petition.
8 The clerk shall be entitled to receive a fee of $60
9 for each expungement petition filed and an additional fee
10 of $4 for each certified copy of an order to expunge
11 arrest records.
12 (v) Probate.
13 The clerk is entitled to receive the fees specified in
14 this subsection (v), which shall be paid in advance, except
15 that, for good cause shown, the court may suspend, reduce, or
16 release the costs payable under this subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person,
19 $150, plus the fees specified in subsection (v)(3),
20 except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be
23 $40.
24 (B) When (i) proof of heirship alone is made,
25 (ii) a domestic or foreign will is admitted to
26 probate without administration (including proof of
27 heirship), or (iii) letters of office are issued for
28 a particular purpose without administration of the
29 estate, the fee shall be $40.
30 (2) For administration of the estate of a ward,
31 $75, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
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1 $40.
2 (B) When (i) letters of office are issued to a
3 guardian of the person, but not of the estate or
4 (ii) letters of office are issued in the estate of a
5 ward without administration of the estate, including
6 filing or joining in the filing of a tax return or
7 releasing a mortgage or consenting to the marriage
8 of the ward, the fee shall be $20.
9 (3) In addition to the fees payable under
10 subsection (v)(1) or (v)(2) of this Section, the
11 following fees are payable:
12 (A) For each account (other than one final
13 account) filed in the estate of a decedent, or ward,
14 $25.
15 (B) For filing a claim in an estate when the
16 amount claimed is $150 or more but less than $500,
17 $20; when the amount claimed is $500 or more but
18 less than $10,000, $40; when the amount claimed is
19 $10,000 or more, $60; provided that the court in
20 allowing a claim may add to the amount allowed the
21 filing fee paid by the claimant.
22 (C) For filing in an estate a claim, petition,
23 or supplemental proceeding based upon an action
24 seeking equitable relief including the construction
25 or contest of a will, enforcement of a contract to
26 make a will, and proceedings involving testamentary
27 trusts or the appointment of testamentary trustees,
28 $60.
29 (D) For filing in an estate (i) the appearance
30 of any person for the purpose of consent or (ii) the
31 appearance of an executor, administrator,
32 administrator to collect, guardian, guardian ad
33 litem, or special administrator, no fee.
34 (E) Except as provided in subsection
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1 (v)(3)(D), for filing the appearance of any person
2 or persons, $30.
3 (F) For each jury demand, $125.
4 (G) For disposition of the collection of a
5 judgment or settlement of an action or claim for
6 wrongful death of a decedent or of any cause of
7 action of a ward, when there is no other
8 administration of the estate, $50, less any amount
9 paid under subsection (v)(1)(B) or (v)(2)(B) except
10 that if the amount involved does not exceed $5,000,
11 the fee, including any amount paid under subsection
12 (v)(1)(B) or (v)(2)(B), shall be $20.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, $2,
15 plus $1 per page in excess of 3 pages for the
16 document certified.
17 (I) For each exemplification, $2, plus the fee
18 for certification.
19 (4) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay the cost of publication by the clerk
22 directly to the newspaper.
23 (5) The person on whose behalf a charge is incurred
24 for witness, court reporter, appraiser, or other
25 miscellaneous fee shall pay the same directly to the
26 person entitled thereto.
27 (6) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay to the clerk all postage charges
30 incurred by the clerk in mailing petitions, orders,
31 notices, or other documents pursuant to the provisions of
32 the Probate Act of 1975.
33 (w) Criminal and Quasi-Criminal Costs and Fees.
34 (1) The clerk shall be entitled to costs in all
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1 criminal and quasi-criminal cases from each person
2 convicted or sentenced to supervision therein as follows:
3 (A) Felony complaints, $125.
4 (B) Misdemeanor complaints, $75.
5 (C) Business offense complaints, $75.
6 (D) Petty offense complaints, $75.
7 (E) Minor traffic or ordinance violations,
8 $30.
9 (F) When court appearance required, $50.
10 (G) Motions to vacate or amend final orders,
11 $40.
12 (H) Motions to vacate bond forfeiture orders,
13 $30.
14 (I) Motions to vacate ex parte judgments,
15 whenever filed, $30.
16 (J) Motions to vacate judgment on forfeitures,
17 whenever filed, $25.
18 (K) Motions to vacate "failure to appear" or
19 "failure to comply" notices sent to the Secretary of
20 State, $40.
21 (2) In counties having a population of 3,000,000 or
22 more, when the violation complaint is issued by a
23 municipal police department, the clerk shall be entitled
24 to costs from each person convicted therein as follows:
25 (A) Minor traffic or ordinance violations,
26 $30.
27 (B) When court appearance required, $50.
28 (3) In ordinance violation cases punishable by fine
29 only, the clerk of the circuit court shall be entitled to
30 receive, unless the fee is excused upon a finding by the
31 court that the defendant is indigent, in addition to
32 other fees or costs allowed or imposed by law, the sum of
33 $100 as a fee for the services of a jury. The jury fee
34 shall be paid by the defendant at the time of filing his
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1 or her jury demand. If the fee is not so paid by the
2 defendant, no jury shall be called, and the case shall be
3 tried by the court without a jury.
4 (x) Transcripts of Judgment.
5 For the filing of a transcript of judgment, the
6 clerk shall be entitled to the same fee as if it were the
7 commencement of a new suit.
8 (y) Change of Venue.
9 (1) For the filing of a change of case on a change
10 of venue, the clerk shall be entitled to the same fee as
11 if it were the commencement of a new suit.
12 (2) The fee for the preparation and certification
13 of a record on a change of venue to another jurisdiction,
14 when original documents are forwarded, $40.
15 (z) Tax objection complaints.
16 For each tax objection complaint containing one or
17 more tax objections, regardless of the number of parcels
18 involved or the number of taxpayers joining in the
19 complaint, $50.
20 (aa) Tax Deeds.
21 (1) Petition for tax deed, if only one parcel is
22 involved, $250.
23 (2) For each additional parcel, add a fee of $100.
24 (bb) Collections.
25 (1) For all collections made of others, except the
26 State and county and except in maintenance or child
27 support cases, a sum equal to 3.0% of the amount
28 collected and turned over.
29 (2) Interest earned on any funds held by the clerk
30 shall be turned over to the county general fund as an
31 earning of the office.
32 (3) For any check, draft, or other bank instrument
33 returned to the clerk for non-sufficient funds, account
34 closed, or payment stopped, $25.
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1 (4) In child support and maintenance cases, the
2 clerk, if authorized by an ordinance of the county board,
3 may collect an annual fee of up to $36 from the person
4 making payment for administering the collection and
5 distribution of maintenance and child support payments.
6 This fee shall be in addition to and separate from
7 amounts ordered to be paid as maintenance or child
8 support and shall be deposited into a Separate
9 Maintenance and Child Support Collection Fund, of which
10 the clerk shall be the custodian, ex-officio, to be used
11 by the clerk to further maintenance and child supports in
12 his or her office. The clerk may recover from the person
13 making the maintenance or child support payment any
14 additional cost incurred in the collection of this annual
15 fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, $25.
27 (dd) Exceptions.
28 (1) The fee requirements of this Section shall not
29 apply to police departments or other law enforcement
30 agencies. In this Section, "law enforcement agency"
31 means an agency of the State or a unit of local
32 government which is vested by law or ordinance with the
33 duty to maintain public order and to enforce criminal
34 laws or ordinances. "Law enforcement agency" also means
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1 the Attorney General or any state's attorney.
2 (2) No fee provided herein shall be charged to any
3 unit of local government or school district. The fee
4 requirements of this Section shall not apply to any
5 action instituted under subsection (b) of Section 11-31-1
6 of the Illinois Municipal Code by a private owner or
7 tenant of real property within 1200 feet of a dangerous
8 or unsafe building seeking an order compelling the owner
9 or owners of the building to take any of the actions
10 authorized under that subsection.
11 (ee) Adoption.
12 (1) For an adoption.............................$65
13 (2) Upon good cause shown, the court may waive the
14 adoption filing fee in a special needs adoption. The
15 term "special needs adoption" shall have the meaning
16 ascribed to it by the Illinois Department of Children and
17 Family Services.
18 (ff) Adoption exemptions.
19 No fee other than that set forth in subsection (ee)
20 shall be charged to any person in connection with an
21 adoption proceeding.
22 (Source: P.A. 88-38; 88-45; 88-670, eff. 12-2-94; 89-92, eff.
23 7-1-96; 89-593, eff. 8-1-96.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.