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90_HB3318ham002
LRB9010091DJksam
1 AMENDMENT TO HOUSE BILL 3318
2 AMENDMENT NO. . Amend House Bill 3318, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Clerks of Courts Act by changing
5 Sections 27.1, 27.1a, 27.2, and 27.2a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Clerks of Courts Act is amended by
9 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
10 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
11 Sec. 27.1. The fees of the Clerk of the Circuit Court in
12 all counties having a population of 180,000 inhabitants or
13 less shall be paid in advance, except as otherwise provided,
14 and shall be as follows:
15 (a) Civil Cases
16 (1) All civil cases except as otherwise
17 provided........................................... $40
18 (2) Judicial Sales (except Probate).......... $40
19 (b) Family
20 (1) Commitment petitions under the Mental
21 Health and Developmental Disabilities Code, filing
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1 transcript of commitment proceedings held in
2 another county, and cases under the Juvenile Court
3 Act of 1987........................................ $25
4 (2) Petition for Marriage Licenses........... $10
5 (3) Marriages in Court....................... $10
6 (4) Paternity................................ $40
7 (c) Criminal and Quasi-Criminal
8 (1) Each person convicted of a felony........ $40
9 (2) Each person convicted of a misdemeanor,
10 leaving scene of an accident, driving while
11 intoxicated, reckless driving or drag racing,
12 driving when license revoked or suspended,
13 overweight, or no interstate commerce certificate,
14 or when the disposition is court supervision....... $25
15 (3) Each person convicted of a business
16 offense............................................ $25
17 (4) Each person convicted of a petty offense. $25
18 (5) Minor traffic, conservation, or
19 ordinance violation, including
20 without limitation when the disposition is
21 court supervision:
22 (i) For each offense.................... $10
23 (ii) For each notice sent to the
24 defendant's last known address pursuant to
25 subsection (c) of Section 6-306.4 of the Illinois
26 Vehicle Code....................................... $2
27 (iii) For each notice sent to the
28 Secretary of State pursuant to subsection (c) of
29 Section 6-306.4 of the Illinois Vehicle Code....... $2
30 (6) When Court Appearance required........... $15
31 (7) Motions to vacate or amend final orders.. $10
32 (8) In ordinance violation cases punishable
33 by fine only, the clerk of the circuit court shall
34 be entitled to receive, unless the fee is excused
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1 upon a finding by the court that the defendant is
2 indigent, in addition to other fees or costs
3 allowed or imposed by law, the sum of $50 as a fee
4 for the services of a jury. The jury fee shall be
5 paid by the defendant at the time of filing his or
6 her jury demand. If the fee is not so paid by the
7 defendant, no jury shall be called, and the case
8 shall be tried by the court without a jury.
9 (d) Other Civil Cases
10 (1) Money or personal property claimed does
11 not exceed $500.................................... $10
12 (2) Exceeds $500 but not more than $10,000... $25
13 (3) Exceeds $10,000, when relief in addition
14 to or supplemental to recovery of money alone is
15 sought in an action to recover personal property
16 taxes or retailers occupational tax regardless of
17 amount claimed..................................... $45
18 (4) The Clerk of the Circuit Court shall be
19 entitled to receive, in addition to other fees
20 allowed by law, the sum of $50, as a fee for the
21 services of a jury in every civil action not
22 quasi-criminal in its nature and not a proceeding
23 for the exercise of the right of eminent domain,
24 and in every equitable action wherein the right of
25 trial by jury is or may be given by law. The jury
26 fee shall be paid by the party demanding a jury at
27 the time of filing his jury demand. If such a fee
28 is not paid by either party, no jury shall be
29 called in the action, suit, or proceeding, and the
30 same shall be tried by the court without a jury.
31 (e) Confession of judgment and answer
32 (1) When the amount does not exceed $1,000... $20
33 (2) Exceeds $1,000........................... $40
34 (f) Auxiliary Proceedings
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1 Any auxiliary proceeding relating to the
2 collection of a money judgment, including
3 garnishment, citation, or wage deduction action.... $5
4 (g) Forcible entry and detainer
5 (1) For possession only or possession and
6 rent not in excess of $10,000...................... $10
7 (2) For possession and rent in excess of
8 $10,000............................................ $40
9 (h) Eminent Domain
10 (1) Exercise of Eminent Domain............... $45
11 (2) For each and every lot or tract of land
12 or right or interest therein subject to be
13 condemned, the damages in respect to which shall
14 require separate assessments by a jury............. $45
15 (i) Reinstatement
16 Each case including petition for modification
17 of a judgment or order of Court if filed later than
18 30 days after the entry of a judgment or order,
19 except in forcible entry and detainer cases and
20 small claims and except a petition to modify,
21 terminate, or enforce a judgement or order for
22 child or spousal support or to modify, suspend, or
23 terminate an order for withholding, petition to
24 vacate judgment of dismissal for want of
25 prosecution whenever filed, petition to reopen an
26 estate, or redocketing of any cause................ $20
27 (j) Probate
28 (1) Administration of decedent's estates,
29 whether testate or intestate, guardianships of the
30 person or estate or both of a person under legal
31 disability, guardianships of the person or estate
32 or both of a minor, or petitions to sell real
33 estate in the administration of any estate......... $50
34 (2) Small estates in cases where the real and
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1 personal property of an estate does not exceed
2 $5,000............................................. $25
3 (3) At any time during the administration of
4 the estate, however, at the request of the Clerk,
5 the Court shall examine the record of the estate
6 and the personal representative to determine the
7 total value of the real and personal property of
8 the estate, and if such value exceeds $5,000 shall
9 order the payment of an additional fee in the
10 amount of.......................................... $40
11 (4) Inheritance tax proceedings.............. $15
12 (5) Issuing letters only for a certain
13 specific reason other than the administration of an
14 estate, including but not limited to the release of
15 mortgage; the issue of letters of guardianship in
16 order that consent to marriage may be granted or
17 for some other specific reason other than for the
18 care of property or person; proof of heirship
19 without administration; or when a will is to be
20 admitted to probate, but the estate is to be
21 settled without administration..................... $10
22 (6) When a separate complaint relating to any
23 matter other than a routine claim is filed in an
24 estate, the required additional fee shall be
25 charged for such filing............................ $45
26 (k) Change of Venue
27 From a court, the charge is the same amount as
28 the original filing fee; however, the fee for
29 preparation and certification of record on change
30 of venue, when original documents or copies are
31 forwarded.......................................... $10
32 (l) Answer, adverse pleading, or appearance
33 In civil cases.......... $15
34 With the following exceptions:
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1 (1) When the amount does not exceed $500..... $5
2 (2) When amount exceeds $500 but not $10,000. $10
3 (3) When amount exceeds $10,000.............. $15
4 (4) Court appeals when documents are
5 forwarded, over 200 pages, additional fee per page
6 over 200........................................... 10¢
7 (m) Tax objection complaints
8 For each tax objection complaint containing
9 one or more tax objections, regardless of the
10 number of parcels involved or the number of
11 taxpayers joining the complaint.................... $10
12 (n) Tax deed
13 (1) Petition for tax deed, if only one parcel
14 is involved........................................ $45
15 (2) For each additional parcel involved, an
16 additional fee of.................................. $10
17 (o) Mailing Notices and Processes
18 (1) All notices that the clerk is required to
19 mail as first class mail........................... $2
20 (2) For all processes or notices the Clerk is
21 required to mail by certified or registered mail,
22 the fee will be $2 plus cost of postage.
23 (p) Certification or Authentication
24 (1) Each certification or authentication for
25 taking the acknowledgement of a deed or other
26 instrument in writing with seal of office.......... $2
27 (2) Court appeals when original documents are
28 forwarded, 100 pages or under, plus delivery costs. $25
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery costs..... $60
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, additional fee per page
33 over 200........................................... 10¢
34 (q) Reproductions
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1 Each record of proceedings and judgment,
2 whether on appeal, change of venue, certified
3 copies of orders and judgments, and all other
4 instruments, documents, records, or papers:
5 (1) First page.......................... $1
6 (2) Next 19 pages, per page............. 50¢
7 (3) All remaining pages, per page....... 25¢
8 (r) Counterclaim
9 When any defendant files a counterclaim as
10 part of his or her answer or otherwise, or joins
11 another party as a third party defendant, or both,
12 he or she shall pay a fee for each such
13 counterclaim or third party action in an amount
14 equal to the fee he or she would have had to pay
15 had he or she brought a separate action for the
16 relief sought in the counterclaim or against the
17 third party defendant, less the amount of the
18 appearance fee, if that has been paid.
19 (s) Transcript of Judgment
20 From a court, the same fee as if case
21 originally filed.
22 (t) Publications
23 The cost of publication shall be paid directly
24 to the publisher by the person seeking the
25 publication, whether the clerk is required by law
26 to publish, or the parties to the action.
27 (u) Collections
28 (1) For all collections made for others,
29 except the State and County and except in
30 maintenance or child support cases, a sum equal to
31 2% of the amount collected and turned over.
32 (2) In any cases remanded to the Circuit
33 Court from the Supreme Court or the Appellate
34 Court, the Clerk shall file the remanding order and
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1 reinstate the case with either its original number
2 or a new number. The Clerk shall not charge any
3 new or additional fee for the reinstatement. Upon
4 reinstatement the Clerk shall advise the parties of
5 the reinstatement. A party shall have the same
6 right to a jury trial on remand and reinstatement
7 as he or she had before the appeal, and no
8 additional or new fee or charge shall be made for a
9 jury trial after remand.
10 (3) In maintenance and child support matters,
11 the Clerk may deduct from each payment an amount
12 equal to the United States postage to be used in
13 mailing the maintenance or child support check to
14 the recipient. In such cases, the Clerk shall
15 collect an annual fee of up to $36 from the person
16 making such payment for administering the
17 collection and distribution of maintenance and
18 child support payments. Such sum shall be in
19 addition to and separate from amounts ordered to be
20 paid as maintenance or child support and shall be
21 deposited in a separate Maintenance and Child
22 Support Collection Fund of which the Clerk shall be
23 the custodian, ex officio, to be used by the Clerk
24 to further maintenance and child support collection
25 efforts in his office. Unless paid in cash or
26 pursuant to an order for withholding, the payment
27 of the fee shall be by a separate instrument from
28 the support payment and shall be made to the order
29 of the Clerk. The Clerk may recover from the person
30 making the maintenance or child support payment any
31 additional cost incurred in the collection of this
32 annual fee.
33 The Clerk shall also be entitled to a fee of
34 $5 for certifications made to the Secretary of
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1 State as provided in Section 7-703 of the Family
2 Financial Responsibility Law and these fees shall
3 also be deposited into the Separate Maintenance and
4 Child Support Collection Fund.
5 (v) Correction of Cases
6 For correcting the case number or case title
7 on any document filed in his office, to be charged
8 against the party that filed the document.......... $10
9 (w) Record Search
10 For searching a record, per year searched..... $4
11 (x) Printed Output
12 For each page of hard copy print output, when
13 case records are maintained on an automated medium. $2
14 (y) Alias Summons
15 For each alias summons issued................. $2
16 (z) Expungement of Records
17 For each expungement petition filed........... $15
18 (aa) Other Fees
19 Any fees not covered by this Section shall be set by
20 rule or administrative order of the Circuit Court, with
21 the approval of the Supreme Court.
22 (bb) Exemptions
23 No fee provided for herein shall be charged to any
24 unit of State or local government or school district
25 unless the Court orders another party to pay such fee on
26 its behalf. The fee requirements of this Section shall
27 not apply to police departments or other law enforcement
28 agencies. In this Section, "law enforcement agency"
29 means an agency of the State or a unit of local
30 government that is vested by law or ordinance with the
31 duty to maintain public order and to enforce criminal
32 laws and ordinances. The fee requirements of this Section
33 shall not apply to any action instituted under subsection
34 (b) of Section 11-31-1 of the Illinois Municipal Code by
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1 a private owner or tenant of real property within 1200
2 feet of a dangerous or unsafe building seeking an order
3 compelling the owner or owners of the building to take
4 any of the actions authorized under that subsection.
5 (cc) Adoptions
6 (1) For an adoption, requesting a copy of a final
7 decree of adoption, relief from a final judgment or
8 order, appointment of a confidential intermediary, or
9 requesting non-identifying information................$65
10 (2) Upon good cause shown, the court may waive the
11 adoption filing fee in a special needs adoption. The
12 term "special needs adoption" shall have the meaning
13 ascribed to it by the Illinois Department of Children and
14 Family Services.
15 (dd) Adoption exemptions
16 No fee other than that set forth in subsection (cc)
17 shall be charged to any person in connection with an
18 adoption proceeding.
19 (ee) Additional Services
20 Beginning July 1, 1993, the clerk of the circuit
21 court may provide such additional services for which
22 there is no fee specified by statute in connection with
23 the operation of the clerk's office as may be requested
24 by the public and agreed to by the public and by the
25 clerk. Any charges for additional services shall be as
26 agreed to between the clerk and the party making the
27 request. Nothing in this subsection shall be as agreed
28 to between the clerk and the party making the request.
29 Nothing in this subsection shall be construed to require
30 any clerk to provide any service not otherwise required
31 by law.
32 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
33 90-466, eff. 8-17-97.)
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1 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
2 Sec. 27.1a. The fees of the clerks of the circuit court
3 in all counties having a population in excess of 180,000 but
4 not more than 650,000 inhabitants in the instances described
5 in this Section shall be as provided in this Section. The
6 fees shall be paid in advance and shall be as follows:
7 (a) Civil Cases.
8 The fee for filing a complaint, petition, or other
9 pleading initiating a civil action, with the following
10 exceptions, shall be $150.
11 (A) When the amount of money or damages or the
12 value of personal property claimed does not exceed
13 $250, $10.
14 (B) When that amount exceeds $250 but does not
15 exceed $500, $20.
16 (C) When that amount exceeds $500 but does not
17 exceed $2500, $30.
18 (D) When that amount exceeds $2500 but does
19 not exceed $15,000, $75.
20 (E) 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 (a-1) Family.
26 For filing a petition under the Juvenile Court Act
27 of 1987, $25.
28 For filing a petition for a marriage license, $10.
29 For performing a marriage in court, $10.
30 For filing a petition under the Illinois Parentage
31 Act of 1984, $40.
32 (b) Forcible Entry and Detainer.
33 In each forcible entry and detainer case when the
34 plaintiff seeks possession only or unites with his or her
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1 claim for possession of the property a claim for rent or
2 damages or both in the amount of $15,000 or less, $40.
3 When the plaintiff unites his or her claim for possession
4 with a claim for rent or damages or both exceeding
5 $15,000, $150.
6 (c) Counterclaim or Joining Third Party Defendant.
7 When any defendant files a counterclaim as part of
8 his or her answer or otherwise or joins another party as
9 a third party defendant, or both, the defendant shall pay
10 a fee for each counterclaim or third party action in an
11 amount equal to the fee he or she would have had to pay
12 had he or she brought a separate action for the relief
13 sought in the counterclaim or against the third party
14 defendant, less the amount of the appearance fee, if that
15 has been paid.
16 (d) Confession of Judgment.
17 In a confession of judgment when the amount does not
18 exceed $1500, $50. When the amount exceeds $1500, but
19 does not exceed $15,000, $115. When the amount exceeds
20 $15,000, $200.
21 (e) Appearance.
22 The fee for filing an appearance in each civil case
23 shall be $50, except as follows:
24 (A) When the plaintiff in a forcible entry and
25 detainer case seeks possession only, $20.
26 (B) When the amount in the case does not
27 exceed $1500, $20.
28 (C) When that amount exceeds $1500 but does
29 not exceed $15,000, $40.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, $10; when the amount exceeds $1,000 but does not
34 exceed $5,000, $20; and when the amount exceeds $5,000,
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1 $30.
2 (g) Petition to Vacate or Modify.
3 (1) Petition to vacate or modify any final judgment
4 or order of court, except in forcible entry and detainer
5 cases and small claims cases or a petition to reopen an
6 estate, to modify, terminate, or enforce a judgment or
7 order for child or spousal support, or to modify,
8 suspend, or terminate an order for withholding, if filed
9 before 30 days after the entry of the judgment or order,
10 $40.
11 (2) Petition to vacate or modify any final judgment
12 or order of court, except a petition to modify,
13 terminate, or enforce a judgment or order for child or
14 spousal support or to modify, suspend, or terminate an
15 order for withholding, if filed later than 30 days after
16 the entry of the judgment or order, $60.
17 (3) Petition to vacate order of bond forfeiture,
18 $20.
19 (h) Mailing.
20 When the clerk is required to mail, the fee will be
21 $6, plus the cost of postage.
22 (i) Certified Copies.
23 Each certified copy of a judgment after the first,
24 except in small claims and forcible entry and detainer
25 cases, $10.
26 (j) Habeas Corpus.
27 For filing a petition for relief by habeas corpus,
28 $80.
29 (k) Certification, Authentication, and Reproduction.
30 (1) Each certification or authentication for taking
31 the acknowledgment of a deed or other instrument in
32 writing with the seal of office, $4.
33 (2) Court appeals when original documents are
34 forwarded, under 100 pages, plus delivery and costs, $50.
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1 (3) Court appeals when original documents are
2 forwarded, over 100 pages, plus delivery and costs, $120.
3 (4) Court appeals when original documents are
4 forwarded, over 200 pages, an additional fee of 20 cents
5 per page.
6 (5) For reproduction of any document contained in
7 the clerk's files:
8 (A) First page, $2.
9 (B) Next 19 pages, 50 cents per page.
10 (C) All remaining pages, 25 cents per page.
11 (l) Remands.
12 In any cases remanded to the Circuit Court from the
13 Supreme Court or the Appellate Court for a new trial, the
14 clerk shall file the remanding order and reinstate the
15 case with either its original number or a new number. The
16 Clerk shall not charge any new or additional fee for the
17 reinstatement. Upon reinstatement the Clerk shall advise
18 the parties of the reinstatement. A party shall have the
19 same right to a jury trial on remand and reinstatement as
20 he or she had before the appeal, and no additional or new
21 fee or charge shall be made for a jury trial after
22 remand.
23 (m) Record Search.
24 For each record search, within a division or
25 municipal district, the clerk shall be entitled to a
26 search fee of $4 for each year searched.
27 (n) Hard Copy.
28 For each page of hard copy print output, when case
29 records are maintained on an automated medium, the clerk
30 shall be entitled to a fee of $4.
31 (o) Index Inquiry and Other Records.
32 No fee shall be charged for a single
33 plaintiff/defendant index inquiry or single case record
34 inquiry when this request is made in person and the
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1 records are maintained in a current automated medium, and
2 when no hard copy print output is requested. The fees to
3 be charged for management records, multiple case records,
4 and multiple journal records may be specified by the
5 Chief Judge pursuant to the guidelines for access and
6 dissemination of information approved by the Supreme
7 Court.
8 (p) Commitment Petitions.
9 For filing commitment petitions under the Mental
10 Health and Developmental Disabilities Code and for filing
11 a transcript of commitment proceedings held in another
12 county, $25.
13 (q) Alias Summons.
14 For each alias summons or citation issued by the
15 clerk, $4.
16 (r) Other Fees.
17 Any fees not covered in this Section shall be set by
18 rule or administrative order of the Circuit Court with
19 the approval of the Administrative Office of the Illinois
20 Courts.
21 The clerk of the circuit court may provide
22 additional services for which there is no fee specified
23 by statute in connection with the operation of the
24 clerk's office as may be requested by the public and
25 agreed to by the clerk and approved by the chief judge of
26 the circuit court. Any charges for additional services
27 shall be as agreed to between the clerk and the party
28 making the request and approved by the chief judge of the
29 circuit court. Nothing in this subsection shall be
30 construed to require any clerk to provide any service not
31 otherwise required by law.
32 (s) Jury Services.
33 The clerk shall be entitled to receive, in addition
34 to other fees allowed by law, the sum of $180, as a fee
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1 for the services of a jury in every civil action not
2 quasi-criminal in its nature and not a proceeding for the
3 exercise of the right of eminent domain and in every
4 other action wherein the right of trial by jury is or may
5 be given by law. The jury fee shall be paid by the party
6 demanding a jury at the time of filing the jury demand.
7 If the fee is not paid by either party, no jury shall be
8 called in the action or proceeding, and the same shall be
9 tried by the court without a jury.
10 (t) Voluntary Assignment.
11 For filing each deed of voluntary assignment, $10;
12 for recording the same, 25¢ for each 100 words.
13 Exceptions filed to claims presented to an assignee of a
14 debtor who has made a voluntary assignment for the
15 benefit of creditors shall be considered and treated, for
16 the purpose of taxing costs therein, as actions in which
17 the party or parties filing the exceptions shall be
18 considered as party or parties plaintiff, and the
19 claimant or claimants as party or parties defendant, and
20 those parties respectively shall pay to the clerk the
21 same fees as provided by this Section to be paid in other
22 actions.
23 (u) Expungement Petition.
24 The clerk shall be entitled to receive a fee of $30
25 for each expungement petition filed and an additional fee
26 of $2 for each certified copy of an order to expunge
27 arrest records.
28 (v) Probate.
29 The clerk is entitled to receive the fees specified in
30 this subsection (v), which shall be paid in advance, except
31 that, for good cause shown, the court may suspend, reduce, or
32 release the costs payable under this subsection:
33 (1) For administration of the estate of a decedent
34 (whether testate or intestate) or of a missing person,
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1 $100, plus the fees specified in subsection (v)(3),
2 except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be
5 $25.
6 (B) When (i) proof of heirship alone is made,
7 (ii) a domestic or foreign will is admitted to
8 probate without administration (including proof of
9 heirship), or (iii) letters of office are issued for
10 a particular purpose without administration of the
11 estate, the fee shall be $25.
12 (2) For administration of the estate of a ward,
13 $50, plus the fees specified in subsection (v)(3),
14 except:
15 (A) When the value of the real and personal
16 property does not exceed $15,000, the fee shall be
17 $25.
18 (B) When (i) letters of office are issued to a
19 guardian of the person, but not of the estate or
20 (ii) letters of office are issued in the estate of a
21 ward without administration of the estate, including
22 filing or joining in the filing of a tax return or
23 releasing a mortgage or consenting to the marriage
24 of the ward, the fee shall be $10.
25 (3) In addition to the fees payable under
26 subsection (v)(1) or (v)(2) of this Section, the
27 following fees are payable:
28 (A) For each account (other than one final
29 account) filed in the estate of a decedent, or ward,
30 $15.
31 (B) For filing a claim in an estate when the
32 amount claimed is $150 or more but less than $500,
33 $10; when the amount claimed is $500 or more but
34 less than $10,000, $25; when the amount claimed is
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1 $10,000 or more, $40; provided that the court in
2 allowing a claim may add to the amount allowed the
3 filing fee paid by the claimant.
4 (C) For filing in an estate a claim, petition,
5 or supplemental proceeding based upon an action
6 seeking equitable relief including the construction
7 or contest of a will, enforcement of a contract to
8 make a will, and proceedings involving testamentary
9 trusts or the appointment of testamentary trustees,
10 $40.
11 (D) For filing in an estate (i) the appearance
12 of any person for the purpose of consent or (ii) the
13 appearance of an executor, administrator,
14 administrator to collect, guardian, guardian ad
15 litem, or special administrator, no fee.
16 (E) Except as provided in subsection
17 (v)(3)(D), for filing the appearance of any person
18 or persons, $10.
19 (F) For each jury demand, $90.
20 (G) For disposition of the collection of a
21 judgment or settlement of an action or claim for
22 wrongful death of a decedent or of any cause of
23 action of a ward, when there is no other
24 administration of the estate, $30, less any amount
25 paid under subsection (v)(1)(B) or (v)(2)(B) except
26 that if the amount involved does not exceed $5,000,
27 the fee, including any amount paid under subsection
28 (v)(1)(B) or (v)(2)(B), shall be $10.
29 (H) For each certified copy of letters of
30 office, of court order or other certification, $1,
31 plus 50¢ per page in excess of 3 pages for the
32 document certified.
33 (I) For each exemplification, $1, plus the fee
34 for certification.
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1 (4) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay the cost of publication by the clerk
4 directly to the newspaper.
5 (5) The person on whose behalf a charge is incurred
6 for witness, court reporter, appraiser, or other
7 miscellaneous fee shall pay the same directly to the
8 person entitled thereto.
9 (6) The executor, administrator, guardian,
10 petitioner, or other interested person or his or her
11 attorney shall pay to the clerk all postage charges
12 incurred by the clerk in mailing petitions, orders,
13 notices, or other documents pursuant to the provisions of
14 the Probate Act of 1975.
15 (w) Criminal and Quasi-Criminal Costs and Fees.
16 (1) The clerk shall be entitled to costs in all
17 criminal and quasi-criminal cases from each person
18 convicted or sentenced to supervision therein as follows:
19 (A) Felony complaints, $80.
20 (B) Misdemeanor complaints, $50.
21 (C) Business offense complaints, $50.
22 (D) Petty offense complaints, $50.
23 (E) Minor traffic or ordinance violations,
24 $20.
25 (F) When court appearance required, $30.
26 (G) Motions to vacate or amend final orders,
27 $20.
28 (H) Motions to vacate bond forfeiture orders,
29 $20.
30 (I) Motions to vacate ex parte judgments,
31 whenever filed, $20.
32 (J) Motions to vacate judgment on forfeitures,
33 whenever filed, $20.
34 (K) Motions to vacate "failure to appear" or
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1 "failure to comply" notices sent to the Secretary of
2 State, $20.
3 (2) In counties having a population in excess of
4 180,000 but not more than 650,000 inhabitants, when the
5 violation complaint is issued by a municipal police
6 department, the clerk shall be entitled to costs from
7 each person convicted therein as follows:
8 (A) Minor traffic or ordinance violations,
9 $10.
10 (B) When court appearance required, $15.
11 (3) In ordinance violation cases punishable by fine
12 only, the clerk of the circuit court shall be entitled to
13 receive, unless the fee is excused upon a finding by the
14 court that the defendant is indigent, in addition to
15 other fees or costs allowed or imposed by law, the sum of
16 $50 as a fee for the services of a jury. The jury fee
17 shall be paid by the defendant at the time of filing his
18 or her jury demand. If the fee is not so paid by the
19 defendant, no jury shall be called, and the case shall be
20 tried by the court without a jury.
21 (x) Transcripts of Judgment.
22 For the filing of a transcript of judgment, the
23 clerk shall be entitled to the same fee as if it were the
24 commencement of a new suit.
25 (y) Change of Venue.
26 (1) For the filing of a change of case on a change
27 of venue, the clerk shall be entitled to the same fee as
28 if it were the commencement of a new suit.
29 (2) The fee for the preparation and certification
30 of a record on a change of venue to another jurisdiction,
31 when original documents are forwarded, $25.
32 (z) Tax objection complaints.
33 For each tax objection complaint containing one or
34 more tax objections, regardless of the number of parcels
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1 involved or the number of taxpayers joining on the
2 complaint, $25.
3 (aa) Tax Deeds.
4 (1) Petition for tax deed, if only one parcel is
5 involved, $150.
6 (2) For each additional parcel, add a fee of $50.
7 (bb) Collections.
8 (1) For all collections made of others, except the
9 State and county and except in maintenance or child
10 support cases, a sum equal to 2.5% of the amount
11 collected and turned over.
12 (2) Interest earned on any funds held by the clerk
13 shall be turned over to the county general fund as an
14 earning of the office.
15 (3) For any check, draft, or other bank instrument
16 returned to the clerk for non-sufficient funds, account
17 closed, or payment stopped, $25.
18 (4) In child support and maintenance cases, the
19 clerk, if authorized by an ordinance of the county board,
20 may collect an annual fee of up to $36 from the person
21 making payment for administering the collection and
22 distribution of maintenance and child support payments.
23 This fee shall be in addition to and separate from
24 amounts ordered to be paid as maintenance or child
25 support and shall be deposited into a Separate
26 Maintenance and Child Support Collection Fund, of which
27 the clerk shall be the custodian, ex-officio, to be used
28 by the clerk to further maintenance and child supports in
29 his or her office. The clerk may recover from the person
30 making the maintenance or child support payment any
31 additional cost incurred in the collection of this annual
32 fee.
33 The clerk shall also be entitled to a fee of $5 for
34 certifications made to the Secretary of State as provided
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1 in Section 7-703 of the Family Financial Responsibility
2 Law and these fees shall also be deposited into the
3 Separate Maintenance and Child Support Collection Fund.
4 (cc) Corrections of Numbers.
5 For correction of the case number, case title, or
6 attorney computer identification number, if required by
7 rule of court, on any document filed in the clerk's
8 office, to be charged against the party that filed the
9 document, $15.
10 (dd) Exceptions.
11 (1) The fee requirements of this Section shall not
12 apply to police departments or other law enforcement
13 agencies. In this Section, "law enforcement agency"
14 means an agency of the State or a unit of local
15 government which is vested by law or ordinance with the
16 duty to maintain public order and to enforce criminal
17 laws or ordinances. "Law enforcement agency" also means
18 the Attorney General or any state's attorney.
19 (2) No fee provided herein shall be charged to any
20 unit of local government or school district.
21 (3) The fee requirements of this Section shall not
22 apply to any action instituted under subsection (b) of
23 Section 11-31-1 of the Illinois Municipal Code by a
24 private owner or tenant of real property within 1200 feet
25 of a dangerous or unsafe building seeking an order
26 compelling the owner or owners of the building to take
27 any of the actions authorized under that subsection.
28 (ee) Adoptions.
29 (1) For an adoption, requesting a copy of a final
30 decree of adoption, relief from a final judgment or
31 order, appointment of a confidential intermediary, or
32 requesting non-identifying information................$65
33 (2) Upon good cause shown, the court may waive the
34 adoption filing fee in a special needs adoption. The
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1 term "special needs adoption" shall have the meaning
2 ascribed to it by the Illinois Department of Children and
3 Family Services.
4 (ff) Adoption exemptions.
5 No fee other than that set forth in subsection (ee)
6 shall be charged to any person in connection with an
7 adoption proceeding.
8 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
9 90-466, eff. 8-17-97.)
10 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
11 Sec. 27.2. The fees of the clerks of the circuit court
12 in all counties having a population in excess of 650,000
13 inhabitants but less than 3,000,000 inhabitants in the
14 instances described in this Section shall be as provided in
15 this Section. In addition, the fees provided in this Section
16 shall apply to all units of local government and school
17 districts in counties with more than 3,000,000 inhabitants.
18 The fees shall be paid in advance and shall be as follows:
19 (a) Civil Cases.
20 The fee for filing a complaint, petition, or other
21 pleading initiating a civil action, with the following
22 exceptions, shall be $150.
23 (A) When the amount of money or damages or the
24 value of personal property claimed does not exceed
25 $250, $10.
26 (B) When that amount exceeds $250 but does not
27 exceed $500, $20.
28 (C) When that amount exceeds $500 but does not
29 exceed $2500, $30.
30 (D) When that amount exceeds $2500 but does
31 not exceed $15,000, $75.
32 (E) For the exercise of eminent domain, $150.
33 For each additional lot or tract of land or right or
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1 interest therein subject to be condemned, the
2 damages in respect to which shall require separate
3 assessment by a jury, $150.
4 (b) Forcible Entry and Detainer.
5 In each forcible entry and detainer case when the
6 plaintiff seeks possession only or unites with his or her
7 claim for possession of the property a claim for rent or
8 damages or both in the amount of $15,000 or less, $40.
9 When the plaintiff unites his or her claim for possession
10 with a claim for rent or damages or both exceeding
11 $15,000, $150.
12 (c) Counterclaim or Joining Third Party Defendant.
13 When any defendant files a counterclaim as part of
14 his or her answer or otherwise or joins another party as
15 a third party defendant, or both, the defendant shall pay
16 a fee for each counterclaim or third party action in an
17 amount equal to the fee he or she would have had to pay
18 had he or she brought a separate action for the relief
19 sought in the counterclaim or against the third party
20 defendant, less the amount of the appearance fee, if that
21 has been paid.
22 (d) Confession of Judgment.
23 In a confession of judgment when the amount does not
24 exceed $1500, $50. When the amount exceeds $1500, but
25 does not exceed $15,000, $115. When the amount exceeds
26 $15,000, $200.
27 (e) Appearance.
28 The fee for filing an appearance in each civil case
29 shall be $50, except as follows:
30 (A) When the plaintiff in a forcible entry and
31 detainer case seeks possession only; $20.
32 (B) When the amount in the case does not
33 exceed $1500, $20.
34 (C) When that amount exceeds $1500 but does
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1 not exceed $15,000, $40.
2 (f) Garnishment, Wage Deduction, and Citation.
3 In garnishment affidavit, wage deduction affidavit,
4 and citation petition when the amount does not exceed
5 $1,000, $10; when the amount exceeds $1,000 but does not
6 exceed $5,000, $20; and when the amount exceeds $5,000,
7 $30.
8 (g) Petition to Vacate or Modify.
9 (1) Petition to vacate or modify any final judgment
10 or order of court, except in forcible entry and detainer
11 cases and small claims cases or a petition to reopen an
12 estate, to modify, terminate, or enforce a judgment or
13 order for child or spousal support, or to modify,
14 suspend, or terminate an order for withholding, if filed
15 before 30 days after the entry of the judgment or order,
16 $40.
17 (2) Petition to vacate or modify any final judgment
18 or order of court, except a petition to modify,
19 terminate, or enforce a judgment or order for child or
20 spousal support or to modify, suspend, or terminate an
21 order for withholding, if filed later than 30 days after
22 the entry of the judgment or order, $60.
23 (3) Petition to vacate order of bond forfeiture,
24 $20.
25 (h) Mailing.
26 When the clerk is required to mail, the fee will be
27 $6, plus the cost of postage.
28 (i) Certified Copies.
29 Each certified copy of a judgment after the first,
30 except in small claims and forcible entry and detainer
31 cases, $10.
32 (j) Habeas Corpus.
33 For filing a petition for relief by habeas corpus,
34 $80.
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1 (k) Certification, Authentication, and Reproduction.
2 (1) Each certification or authentication for taking
3 the acknowledgment of a deed or other instrument in
4 writing with the seal of office, $4.
5 (2) Court appeals when original documents are
6 forwarded, under 100 pages, plus delivery and costs, $50.
7 (3) Court appeals when original documents are
8 forwarded, over 100 pages, plus delivery and costs, $120.
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, an additional fee of 20 cents
11 per page.
12 (5) For reproduction of any document contained in
13 the clerk's files:
14 (A) First page, $2.
15 (B) Next 19 pages, 50 cents per page.
16 (C) All remaining pages, 25 cents per page.
17 (l) Remands.
18 In any cases remanded to the Circuit Court from the
19 Supreme Court or the Appellate Court for a new trial, the
20 clerk shall file the remanding order and reinstate the
21 case with either its original number or a new number.
22 The Clerk shall not charge any new or additional fee for
23 the reinstatement. Upon reinstatement the Clerk shall
24 advise the parties of the reinstatement. A party shall
25 have the same right to a jury trial on remand and
26 reinstatement as he or she had before the appeal, and no
27 additional or new fee or charge shall be made for a jury
28 trial after remand.
29 (m) Record Search.
30 For each record search, within a division or
31 municipal district, the clerk shall be entitled to a
32 search fee of $4 for each year searched.
33 (n) Hard Copy.
34 For each page of hard copy print output, when case
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1 records are maintained on an automated medium, the clerk
2 shall be entitled to a fee of $4.
3 (o) Index Inquiry and Other Records.
4 No fee shall be charged for a single
5 plaintiff/defendant index inquiry or single case record
6 inquiry when this request is made in person and the
7 records are maintained in a current automated medium, and
8 when no hard copy print output is requested. The fees to
9 be charged for management records, multiple case records,
10 and multiple journal records may be specified by the
11 Chief Judge pursuant to the guidelines for access and
12 dissemination of information approved by the Supreme
13 Court.
14 (p) Commitment Petitions.
15 For filing commitment petitions under the Mental
16 Health and Developmental Disabilities Code, $25.
17 (q) Alias Summons.
18 For each alias summons or citation issued by the
19 clerk, $4.
20 (r) Other Fees.
21 Any fees not covered in this Section shall be set by
22 rule or administrative order of the Circuit Court with
23 the approval of the Administrative Office of the Illinois
24 Courts.
25 The clerk of the circuit court may provide
26 additional services for which there is no fee specified
27 by statute in connection with the operation of the
28 clerk's office as may be requested by the public and
29 agreed to by the clerk and approved by the chief judge of
30 the circuit court. Any charges for additional services
31 shall be as agreed to between the clerk and the party
32 making the request and approved by the chief judge of the
33 circuit court. Nothing in this subsection shall be
34 construed to require any clerk to provide any service not
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1 otherwise required by law.
2 (s) Jury Services.
3 The clerk shall be entitled to receive, in addition
4 to other fees allowed by law, the sum of $180, as a fee
5 for the services of a jury in every civil action not
6 quasi-criminal in its nature and not a proceeding for the
7 exercise of the right of eminent domain and in every
8 other action wherein the right of trial by jury is or may
9 be given by law. The jury fee shall be paid by the party
10 demanding a jury at the time of filing the jury demand.
11 If the fee is not paid by either party, no jury shall be
12 called in the action or proceeding, and the same shall be
13 tried by the court without a jury.
14 (t) Voluntary Assignment.
15 For filing each deed of voluntary assignment, $10;
16 for recording the same, 25¢ for each 100 words.
17 Exceptions filed to claims presented to an assignee of a
18 debtor who has made a voluntary assignment for the
19 benefit of creditors shall be considered and treated, for
20 the purpose of taxing costs therein, as actions in which
21 the party or parties filing the exceptions shall be
22 considered as party or parties plaintiff, and the
23 claimant or claimants as party or parties defendant, and
24 those parties respectively shall pay to the clerk the
25 same fees as provided by this Section to be paid in other
26 actions.
27 (u) Expungement Petition.
28 The clerk shall be entitled to receive a fee of $30
29 for each expungement petition filed and an additional fee
30 of $2 for each certified copy of an order to expunge
31 arrest records.
32 (v) Probate.
33 The clerk is entitled to receive the fees specified in
34 this subsection (v), which shall be paid in advance, except
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1 that, for good cause shown, the court may suspend, reduce, or
2 release the costs payable under this subsection:
3 (1) For administration of the estate of a decedent
4 (whether testate or intestate) or of a missing person,
5 $100, 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) proof of heirship alone is made,
11 (ii) a domestic or foreign will is admitted to
12 probate without administration (including proof of
13 heirship), or (iii) letters of office are issued for
14 a particular purpose without administration of the
15 estate, the fee shall be $25.
16 (2) For administration of the estate of a ward,
17 $50, plus the fees specified in subsection (v)(3),
18 except:
19 (A) When the value of the real and personal
20 property does not exceed $15,000, the fee shall be
21 $25.
22 (B) When (i) letters of office are issued to a
23 guardian of the person, but not of the estate or
24 (ii) letters of office are issued in the estate of a
25 ward without administration of the estate, including
26 filing or joining in the filing of a tax return or
27 releasing a mortgage or consenting to the marriage
28 of the ward, the fee shall be $10.
29 (3) In addition to the fees payable under
30 subsection (v)(1) or (v)(2) of this Section, the
31 following fees are payable:
32 (A) For each account (other than one final
33 account) filed in the estate of a decedent, or ward,
34 $15.
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1 (B) For filing a claim in an estate when the
2 amount claimed is $150 or more but less than $500,
3 $10; when the amount claimed is $500 or more but
4 less than $10,000, $25; when the amount claimed is
5 $10,000 or more, $40; provided that the court in
6 allowing a claim may add to the amount allowed the
7 filing fee paid by the claimant.
8 (C) For filing in an estate a claim, petition,
9 or supplemental proceeding based upon an action
10 seeking equitable relief including the construction
11 or contest of a will, enforcement of a contract to
12 make a will, and proceedings involving testamentary
13 trusts or the appointment of testamentary trustees,
14 $40.
15 (D) For filing in an estate (i) the appearance
16 of any person for the purpose of consent or (ii) the
17 appearance of an executor, administrator,
18 administrator to collect, guardian, guardian ad
19 litem, or special administrator, no fee.
20 (E) Except as provided in subsection
21 (v)(3)(D), for filing the appearance of any person
22 or persons, $10.
23 (F) For each jury demand, $90.
24 (G) For disposition of the collection of a
25 judgment or settlement of an action or claim for
26 wrongful death of a decedent or of any cause of
27 action of a ward, when there is no other
28 administration of the estate, $30, less any amount
29 paid under subsection (v)(1)(B) or (v)(2)(B) except
30 that if the amount involved does not exceed $5,000,
31 the fee, including any amount paid under subsection
32 (v)(1)(B) or (v)(2)(B), shall be $10.
33 (H) For each certified copy of letters of
34 office, of court order or other certification, $1,
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1 plus 50¢ per page in excess of 3 pages for the
2 document certified.
3 (I) For each exemplification, $1, plus the fee
4 for certification.
5 (4) The executor, administrator, guardian,
6 petitioner, or other interested person or his or her
7 attorney shall pay the cost of publication by the clerk
8 directly to the newspaper.
9 (5) The person on whose behalf a charge is incurred
10 for witness, court reporter, appraiser, or other
11 miscellaneous fee shall pay the same directly to the
12 person entitled thereto.
13 (6) The executor, administrator, guardian,
14 petitioner, or other interested person or his attorney
15 shall pay to the clerk all postage charges incurred by
16 the clerk in mailing petitions, orders, notices, or other
17 documents pursuant to the provisions of the Probate Act
18 of 1975.
19 (w) Criminal and Quasi-Criminal Costs and Fees.
20 (1) The clerk shall be entitled to costs in all
21 criminal and quasi-criminal cases from each person
22 convicted or sentenced to supervision therein as follows:
23 (A) Felony complaints, $80.
24 (B) Misdemeanor complaints, $50.
25 (C) Business offense complaints, $50.
26 (D) Petty offense complaints, $50.
27 (E) Minor traffic or ordinance violations,
28 $20.
29 (F) When court appearance required, $30.
30 (G) Motions to vacate or amend final orders,
31 $20.
32 (H) Motions to vacate bond forfeiture orders,
33 $20.
34 (I) Motions to vacate ex parte judgments,
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1 whenever filed, $20.
2 (J) Motions to vacate judgment on forfeitures,
3 whenever filed, $20.
4 (K) Motions to vacate "failure to appear" or
5 "failure to comply" notices sent to the Secretary of
6 State, $20.
7 (2) In counties having a population of more than
8 650,000 but fewer than 3,000,000 inhabitants, when the
9 violation complaint is issued by a municipal police
10 department, the clerk shall be entitled to costs from
11 each person convicted therein as follows:
12 (A) Minor traffic or ordinance violations,
13 $10.
14 (B) When court appearance required, $15.
15 (3) In ordinance violation cases punishable by fine
16 only, the clerk of the circuit court shall be entitled to
17 receive, unless the fee is excused upon a finding by the
18 court that the defendant is indigent, in addition to
19 other fees or costs allowed or imposed by law, the sum of
20 $50 as a fee for the services of a jury. The jury fee
21 shall be paid by the defendant at the time of filing his
22 or her jury demand. If the fee is not so paid by the
23 defendant, no jury shall be called, and the case shall be
24 tried by the court without a jury.
25 (x) Transcripts of Judgment.
26 For the filing of a transcript of judgment, the
27 clerk shall be entitled to the same fee as if it were the
28 commencement of new suit.
29 (y) Change of Venue.
30 (1) For the filing of a change of case on a change
31 of venue, the clerk shall be entitled to the same fee as
32 if it were the commencement of a new suit.
33 (2) The fee for the preparation and certification
34 of a record on a change of venue to another jurisdiction,
-33- LRB9010091DJksam
1 when original documents are forwarded, $25.
2 (z) Tax objection complaints.
3 For each tax objection complaint containing one or
4 more tax objections, regardless of the number of parcels
5 involved or the number of taxpayers joining in the
6 complaint, $25.
7 (aa) Tax Deeds.
8 (1) Petition for tax deed, if only one parcel is
9 involved, $150.
10 (2) For each additional parcel, add a fee of $50.
11 (bb) Collections.
12 (1) For all collections made of others, except the
13 State and county and except in maintenance or child
14 support cases, a sum equal to 2.5% of the amount
15 collected and turned over.
16 (2) Interest earned on any funds held by the clerk
17 shall be turned over to the county general fund as an
18 earning of the office.
19 (3) For any check, draft, or other bank instrument
20 returned to the clerk for non-sufficient funds, account
21 closed, or payment stopped, $25.
22 (4) In child support and maintenance cases, the
23 clerk, if authorized by an ordinance of the county board,
24 may collect an annual fee of up to $36 from the person
25 making payment for administering the collection and
26 distribution of maintenance and child support payments.
27 This fee shall be in addition to and separate from
28 amounts ordered to be paid as maintenance or child
29 support and shall be deposited into a Separate
30 Maintenance and Child Support Collection Fund, of which
31 the clerk shall be the custodian, ex-officio, to be used
32 by the clerk to further maintenance and child supports in
33 his or her office. The clerk may recover from the person
34 making the maintenance or child support payment any
-34- LRB9010091DJksam
1 additional cost incurred in the collection of this annual
2 fee.
3 The clerk shall also be entitled to a fee of $5 for
4 certifications made to the Secretary of State as provided
5 in Section 7-703 of the Family Financial Responsibility
6 Law and these fees shall also be deposited into the
7 Separate Maintenance and Child Support Collection Fund.
8 (cc) Corrections of Numbers.
9 For correction of the case number, case title, or
10 attorney computer identification number, if required by
11 rule of court, on any document filed in the clerk's
12 office, to be charged against the party that filed the
13 document, $15.
14 (dd) Exceptions.
15 The fee requirements of this Section shall not apply
16 to police departments or other law enforcement agencies.
17 In this Section, "law enforcement agency" means an agency
18 of the State or a unit of local government which is
19 vested by law or ordinance with the duty to maintain
20 public order and to enforce criminal laws or ordinances.
21 "Law enforcement agency" also means the Attorney General
22 or any state's attorney. The fee requirements of this
23 Section shall not apply to any action instituted under
24 subsection (b) of Section 11-31-1 of the Illinois
25 Municipal Code by a private owner or tenant of real
26 property within 1200 feet of a dangerous or unsafe
27 building seeking an order compelling the owner or owners
28 of the building to take any of the actions authorized
29 under that subsection.
30 (ee) Adoptions.
31 (1) For an adoption, requesting a copy of a final
32 decree of adoption, relief from a final judgment or
33 order, appointment of a confidential intermediary, or
34 requesting non-identifying information................$65
-35- LRB9010091DJksam
1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (ff) Adoption exemptions.
7 No fee other than that set forth in subsection (ee)
8 shall be charged to any person in connection with an
9 adoption proceeding.
10 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
11 90-466, eff. 8-17-97.)
12 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
13 Sec. 27.2a. The fees of the clerks of the circuit court
14 in all counties having a population of 3,000,000 or more
15 inhabitants in the instances described in this Section shall
16 be as provided in this Section. The fees shall be paid in
17 advance and shall be as follows:
18 (a) Civil Cases.
19 The fee for filing a complaint, petition, or other
20 pleading initiating a civil action, with the following
21 exceptions, shall be $190.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, $15.
25 (B) When that amount exceeds $250 but does not
26 exceed $1000, $40.
27 (C) When that amount exceeds $1000 but does
28 not exceed $2500, $50.
29 (D) When that amount exceeds $2500 but does
30 not exceed $5000, $100.
31 (E) When that amount exceeds $5000 but does
32 not exceed $15,000, $150.
33 (F) For the exercise of eminent domain, $150.
-36- LRB9010091DJksam
1 For each additional lot or tract of land or right or
2 interest therein subject to be condemned, the
3 damages in respect to which shall require separate
4 assessment by a jury, $150.
5 (b) Forcible Entry and Detainer.
6 In each forcible entry and detainer case when the
7 plaintiff seeks possession only or unites with his or her
8 claim for possession of the property a claim for rent or
9 damages or both in the amount of $15,000 or less, $75.
10 When the plaintiff unites his or her claim for possession
11 with a claim for rent or damages or both exceeding
12 $15,000, $225.
13 (c) Counterclaim or Joining Third Party Defendant.
14 When any defendant files a counterclaim as part of
15 his or her answer or otherwise or joins another party as
16 a third party defendant, or both, the defendant shall pay
17 a fee for each counterclaim or third party action in an
18 amount equal to the fee he or she would have had to pay
19 had he or she brought a separate action for the relief
20 sought in the counterclaim or against the third party
21 defendant, less the amount of the appearance fee, if that
22 has been paid.
23 (d) Confession of Judgment.
24 In a confession of judgment when the amount does not
25 exceed $1500, $60. When the amount exceeds $1500, but
26 does not exceed $5000, $75. When the amount exceeds
27 $5000, but does not exceed $15,000, $175. When the amount
28 exceeds $15,000, $250.
29 (e) Appearance.
30 The fee for filing an appearance in each civil case
31 shall be $75, except as follows:
32 (A) When the plaintiff in a forcible entry and
33 detainer case seeks possession only, $40.
34 (B) When the amount in the case does not
-37- LRB9010091DJksam
1 exceed $1500, $40.
2 (C) When that amount exceeds $1500 but does
3 not exceed $15,000, $60.
4 (f) Garnishment, Wage Deduction, and Citation.
5 In garnishment affidavit, wage deduction affidavit,
6 and citation petition when the amount does not exceed
7 $1,000, $15; when the amount exceeds $1,000 but does not
8 exceed $5,000, $30; and when the amount exceeds $5,000,
9 $50.
10 (g) Petition to Vacate or Modify.
11 (1) Petition to vacate or modify any final judgment
12 or order of court, except in forcible entry and detainer
13 cases and small claims cases or a petition to reopen an
14 estate, to modify, terminate, or enforce a judgment or
15 order for child or spousal support, or to modify,
16 suspend, or terminate an order for withholding, if filed
17 before 30 days after the entry of the judgment or order,
18 $50.
19 (2) Petition to vacate or modify any final judgment
20 or order of court, except a petition to modify,
21 terminate, or enforce a judgment or order for child or
22 spousal support or to modify, suspend, or terminate an
23 order for withholding, if filed later than 30 days after
24 the entry of the judgment or order, $75.
25 (3) Petition to vacate order of bond forfeiture,
26 $40.
27 (h) Mailing.
28 When the clerk is required to mail, the fee will be
29 $10, plus the cost of postage.
30 (i) Certified Copies.
31 Each certified copy of a judgment after the first,
32 except in small claims and forcible entry and detainer
33 cases, $15.
34 (j) Habeas Corpus.
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1 For filing a petition for relief by habeas corpus,
2 $125.
3 (k) Certification, Authentication, and Reproduction.
4 (1) Each certification or authentication for taking
5 the acknowledgment of a deed or other instrument in
6 writing with the seal of office, $6.
7 (2) Court appeals when original documents are
8 forwarded, under 100 pages, plus delivery and costs, $75.
9 (3) Court appeals when original documents are
10 forwarded, over 100 pages, plus delivery and costs, $150.
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, an additional fee of 25 cents
13 per page.
14 (5) For reproduction of any document contained in
15 the clerk's files:
16 (A) First page, $2.
17 (B) Next 19 pages, 50 cents per page.
18 (C) All remaining pages, 25 cents per page.
19 (l) Remands.
20 In any cases remanded to the Circuit Court from the
21 Supreme Court or the Appellate Court for a new trial, the
22 clerk shall file the remanding order and reinstate the
23 case with either its original number or a new number.
24 The Clerk shall not charge any new or additional fee for
25 the reinstatement. Upon reinstatement the Clerk shall
26 advise the parties of the reinstatement. A party shall
27 have the same right to a jury trial on remand and
28 reinstatement as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a jury
30 trial after remand.
31 (m) Record Search.
32 For each record search, within a division or
33 municipal district, the clerk shall be entitled to a
34 search fee of $6 for each year searched.
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1 (n) Hard Copy.
2 For each page of hard copy print output, when case
3 records are maintained on an automated medium, the clerk
4 shall be entitled to a fee of $6.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code, $50.
19 (q) Alias Summons.
20 For each alias summons or citation issued by the
21 clerk, $5.
22 (r) Other Fees.
23 Any fees not covered in this Section shall be set by
24 rule or administrative order of the Circuit Court with
25 the approval of the Administrative Office of the Illinois
26 Courts.
27 The clerk of the circuit court may provide
28 additional services for which there is no fee specified
29 by statute in connection with the operation of the
30 clerk's office as may be requested by the public and
31 agreed to by the clerk and approved by the chief judge of
32 the circuit court. Any charges for additional services
33 shall be as agreed to between the clerk and the party
34 making the request and approved by the chief judge of the
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1 circuit court. Nothing in this subsection shall be
2 construed to require any clerk to provide any service not
3 otherwise required by law.
4 (s) Jury Services.
5 The clerk shall be entitled to receive, in addition
6 to other fees allowed by law, the sum of $200, as a fee
7 for the services of a jury in every civil action not
8 quasi-criminal in its nature and not a proceeding for the
9 exercise of the right of eminent domain and in every
10 other action wherein the right of trial by jury is or may
11 be given by law. The jury fee shall be paid by the party
12 demanding a jury at the time of filing the jury demand.
13 If the fee is not paid by either party, no jury shall be
14 called in the action or proceeding, and the same shall be
15 tried by the court without a jury.
16 (t) Voluntary Assignment.
17 For filing each deed of voluntary assignment, $20;
18 for recording the same, 50¢ for each 100 words.
19 Exceptions filed to claims presented to an assignee of a
20 debtor who has made a voluntary assignment for the
21 benefit of creditors shall be considered and treated, for
22 the purpose of taxing costs therein, as actions in which
23 the party or parties filing the exceptions shall be
24 considered as party or parties plaintiff, and the
25 claimant or claimants as party or parties defendant, and
26 those parties respectively shall pay to the clerk the
27 same fees as provided by this Section to be paid in other
28 actions.
29 (u) Expungement Petition.
30 The clerk shall be entitled to receive a fee of $60
31 for each expungement petition filed and an additional fee
32 of $4 for each certified copy of an order to expunge
33 arrest records.
34 (v) Probate.
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1 The clerk is entitled to receive the fees specified in
2 this subsection (v), which shall be paid in advance, except
3 that, for good cause shown, the court may suspend, reduce, or
4 release the costs payable under this subsection:
5 (1) For administration of the estate of a decedent
6 (whether testate or intestate) or of a missing person,
7 $150, plus the fees specified in subsection (v)(3),
8 except:
9 (A) When the value of the real and personal
10 property does not exceed $15,000, the fee shall be
11 $40.
12 (B) When (i) proof of heirship alone is made,
13 (ii) a domestic or foreign will is admitted to
14 probate without administration (including proof of
15 heirship), or (iii) letters of office are issued for
16 a particular purpose without administration of the
17 estate, the fee shall be $40.
18 (2) For administration of the estate of a ward,
19 $75, 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) letters of office are issued to a
25 guardian of the person, but not of the estate or
26 (ii) letters of office are issued in the estate of a
27 ward without administration of the estate, including
28 filing or joining in the filing of a tax return or
29 releasing a mortgage or consenting to the marriage
30 of the ward, the fee shall be $20.
31 (3) In addition to the fees payable under
32 subsection (v)(1) or (v)(2) of this Section, the
33 following fees are payable:
34 (A) For each account (other than one final
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1 account) filed in the estate of a decedent, or ward,
2 $25.
3 (B) For filing a claim in an estate when the
4 amount claimed is $150 or more but less than $500,
5 $20; when the amount claimed is $500 or more but
6 less than $10,000, $40; when the amount claimed is
7 $10,000 or more, $60; provided that the court in
8 allowing a claim may add to the amount allowed the
9 filing fee paid by the claimant.
10 (C) For filing in an estate a claim, petition,
11 or supplemental proceeding based upon an action
12 seeking equitable relief including the construction
13 or contest of a will, enforcement of a contract to
14 make a will, and proceedings involving testamentary
15 trusts or the appointment of testamentary trustees,
16 $60.
17 (D) For filing in an estate (i) the appearance
18 of any person for the purpose of consent or (ii) the
19 appearance of an executor, administrator,
20 administrator to collect, guardian, guardian ad
21 litem, or special administrator, no fee.
22 (E) Except as provided in subsection
23 (v)(3)(D), for filing the appearance of any person
24 or persons, $30.
25 (F) For each jury demand, $125.
26 (G) For disposition of the collection of a
27 judgment or settlement of an action or claim for
28 wrongful death of a decedent or of any cause of
29 action of a ward, when there is no other
30 administration of the estate, $50, less any amount
31 paid under subsection (v)(1)(B) or (v)(2)(B) except
32 that if the amount involved does not exceed $5,000,
33 the fee, including any amount paid under subsection
34 (v)(1)(B) or (v)(2)(B), shall be $20.
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1 (H) For each certified copy of letters of
2 office, of court order or other certification, $2,
3 plus $1 per page in excess of 3 pages for the
4 document certified.
5 (I) For each exemplification, $2, plus the fee
6 for certification.
7 (4) The executor, administrator, guardian,
8 petitioner, or other interested person or his or her
9 attorney shall pay the cost of publication by the clerk
10 directly to the newspaper.
11 (5) The person on whose behalf a charge is incurred
12 for witness, court reporter, appraiser, or other
13 miscellaneous fee shall pay the same directly to the
14 person entitled thereto.
15 (6) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay to the clerk all postage charges
18 incurred by the clerk in mailing petitions, orders,
19 notices, or other documents pursuant to the provisions of
20 the Probate Act of 1975.
21 (w) Criminal and Quasi-Criminal Costs and Fees.
22 (1) The clerk shall be entitled to costs in all
23 criminal and quasi-criminal cases from each person
24 convicted or sentenced to supervision therein as follows:
25 (A) Felony complaints, $125.
26 (B) Misdemeanor complaints, $75.
27 (C) Business offense complaints, $75.
28 (D) Petty offense complaints, $75.
29 (E) Minor traffic or ordinance violations,
30 $30.
31 (F) When court appearance required, $50.
32 (G) Motions to vacate or amend final orders,
33 $40.
34 (H) Motions to vacate bond forfeiture orders,
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1 $30.
2 (I) Motions to vacate ex parte judgments,
3 whenever filed, $30.
4 (J) Motions to vacate judgment on forfeitures,
5 whenever filed, $25.
6 (K) Motions to vacate "failure to appear" or
7 "failure to comply" notices sent to the Secretary of
8 State, $40.
9 (2) In counties having a population of 3,000,000 or
10 more, when the violation complaint is issued by a
11 municipal police department, the clerk shall be entitled
12 to costs from each person convicted therein as follows:
13 (A) Minor traffic or ordinance violations,
14 $30.
15 (B) When court appearance required, $50.
16 (3) In ordinance violation cases punishable by fine
17 only, the clerk of the circuit court shall be entitled to
18 receive, unless the fee is excused upon a finding by the
19 court that the defendant is indigent, in addition to
20 other fees or costs allowed or imposed by law, the sum of
21 $100 as a fee for the services of a jury. The jury fee
22 shall be paid by the defendant at the time of filing his
23 or her jury demand. If the fee is not so paid by the
24 defendant, no jury shall be called, and the case shall be
25 tried by the court without a jury.
26 (x) Transcripts of Judgment.
27 For the filing of a transcript of judgment, the
28 clerk shall be entitled to the same fee as if it were the
29 commencement of a new suit.
30 (y) Change of Venue.
31 (1) For the filing of a change of case on a change
32 of venue, the clerk shall be entitled to the same fee as
33 if it were the commencement of a new suit.
34 (2) The fee for the preparation and certification
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1 of a record on a change of venue to another jurisdiction,
2 when original documents are forwarded, $40.
3 (z) Tax objection complaints.
4 For each tax objection complaint containing one or
5 more tax objections, regardless of the number of parcels
6 involved or the number of taxpayers joining in the
7 complaint, $50.
8 (aa) Tax Deeds.
9 (1) Petition for tax deed, if only one parcel is
10 involved, $250.
11 (2) For each additional parcel, add a fee of $100.
12 (bb) Collections.
13 (1) For all collections made of others, except the
14 State and county and except in maintenance or child
15 support cases, a sum equal to 3.0% of the amount
16 collected and turned over.
17 (2) Interest earned on any funds held by the clerk
18 shall be turned over to the county general fund as an
19 earning of the office.
20 (3) For any check, draft, or other bank instrument
21 returned to the clerk for non-sufficient funds, account
22 closed, or payment stopped, $25.
23 (4) In child support and maintenance cases, the
24 clerk, if authorized by an ordinance of the county board,
25 may collect an annual fee of up to $36 from the person
26 making payment for administering the collection and
27 distribution of maintenance and child support payments.
28 This fee shall be in addition to and separate from
29 amounts ordered to be paid as maintenance or child
30 support and shall be deposited into a Separate
31 Maintenance and Child Support Collection Fund, of which
32 the clerk shall be the custodian, ex-officio, to be used
33 by the clerk to further maintenance and child supports in
34 his or her office. The clerk may recover from the person
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1 making the maintenance or child support payment any
2 additional cost incurred in the collection of this annual
3 fee.
4 The clerk shall also be entitled to a fee of $5 for
5 certifications made to the Secretary of State as provided
6 in Section 7-703 of the Family Financial Responsibility
7 Law and these fees shall also be deposited into the
8 Separate Maintenance and Child Support Collection Fund.
9 (cc) Corrections of Numbers.
10 For correction of the case number, case title, or
11 attorney computer identification number, if required by
12 rule of court, on any document filed in the clerk's
13 office, to be charged against the party that filed the
14 document, $25.
15 (dd) Exceptions.
16 (1) The fee requirements of this Section shall not
17 apply to police departments or other law enforcement
18 agencies. In this Section, "law enforcement agency"
19 means an agency of the State or a unit of local
20 government which is vested by law or ordinance with the
21 duty to maintain public order and to enforce criminal
22 laws or ordinances. "Law enforcement agency" also means
23 the Attorney General or any state's attorney.
24 (2) No fee provided herein shall be charged to any
25 unit of local government or school district. The fee
26 requirements of this Section shall not apply to any
27 action instituted under subsection (b) of Section 11-31-1
28 of the Illinois Municipal Code by a private owner or
29 tenant of real property within 1200 feet of a dangerous
30 or unsafe building seeking an order compelling the owner
31 or owners of the building to take any of the actions
32 authorized under that subsection.
33 (ee) Adoption.
34 (1) For an adoption, requesting a copy of a final
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1 decree of adoption, relief from a final judgment or
2 order, appointment of a confidential intermediary, or
3 requesting non-identifying information................$65
4 (2) Upon good cause shown, the court may waive the
5 adoption filing fee in a special needs adoption. The
6 term "special needs adoption" shall have the meaning
7 ascribed to it by the Illinois Department of Children and
8 Family Services.
9 (ff) Adoption exemptions.
10 No fee other than that set forth in subsection (ee)
11 shall be charged to any person in connection with an
12 adoption proceeding.
13 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
14 90-466, eff. 8-17-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".