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91_HB1928
LRB9104175DJcd
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 8, 13, and 16.
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 8, 13, and 16 as follows:
7 (705 ILCS 105/8) (from Ch. 25, par. 8)
8 Sec. 8. The clerks shall, in all cases, attend in person
9 to the duties of their offices, respectively, when it is
10 practicable so to do, and shall perform all the duties
11 thereof which can reasonably be performed by one person. In
12 the performance of the duties of the office of clerk of the
13 circuit court, any such clerk, after filing with the
14 Secretary of State his or her manual signature certified by
15 him or her under oath, may execute or cause to be executed
16 with a facsimile signature, in lieu of his or her original
17 signature, all forms of process and notices issued by his or
18 her office.
19 "Facsimile signature" means a reproduction by engraving,
20 imprinting, stamping, electronic or digital execution, or
21 other means of the manual signature of an authorized officer.
22 When the seal of the clerk of the circuit court is
23 required in the execution of any process or notice issued by
24 the clerk's office, the clerk may cause the seal to be
25 printed, engraved, stamped, or electronically or digitally
26 imprinted, or otherwise placed in facsimile thereon. The
27 facsimile seal has the same effect as the impression of the
28 seal.
29 (Source: P.A. 83-346.)
30 (705 ILCS 105/13) (from Ch. 25, par. 13)
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1 Sec. 13. The clerks shall attend the sessions of their
2 respective courts, preserve all the files and papers thereof,
3 make, keep and preserve complete records of all the
4 proceedings and determinations thereof, except in cases
5 otherwise provided by law, and do and perform all other
6 duties pertaining to their offices, as may be required by law
7 or the rules and orders of their courts respectively. Unless
8 prohibited by court order in a specific sealed case, the
9 clerk shall make available to the public the records
10 preserved under this Section, regardless of whether those
11 records are maintained in a documentary, electronic, or
12 digital format. Notwithstanding any other law, the right to
13 access and disseminate any court record as defined in this
14 Act may not be subject to an exclusive contract with another
15 person or entity. This Section is subject to the provisions
16 of "The Local Records Act", approved August 18, 1961, as
17 amended.
18 (Source: P.A. 90-206, eff. 7-25-97.)
19 (705 ILCS 105/16) (from Ch. 25, par. 16)
20 Sec. 16. Records kept by the clerks of the circuit
21 courts are subject to the provisions of "The Local Records
22 Act", approved August 18, 1961, as amended.
23 Unless otherwise provided by rule or administrative order
24 of the Supreme Court, the respective clerks of the circuit
25 courts shall keep in their offices the following books or
26 electronic records:
27 1. A general docket, upon which shall be entered all
28 suits, in the order in which they are commenced.
29 2. Two well-bound books or clearly delineated electronic
30 databases, to be denominated "Plaintiff's Index to Court
31 Records," and "Defendant's Index to Court Records" to be
32 maintained in an electronic format or ruled and printed
33 substantially in the following manner:
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1 .............................................................
2 Plaintiffs Defendants Kind of Date Record Pages
3 Action Commenced Book
4 .............................................................
5 .............................................................
6 .............................................................
7 Date of Judgment
8 judgment docket
9 .............................................................
10 Book Page
11 .............................................................
12 Certificate Satisfied
13 Certificate Certificate of or not Number
14 of levy of sale redemption satisfied of case
15 .............................................................
16 Fee Book Page Book Page Book Page
17 Book
18 .............................................................
19 All cases shall be entered in such books or electronic
20 databases, in alphabetical order, by the name of each
21 plaintiff and defendant. The books or electronic databases
22 shall set forth the names of the parties, kind of action,
23 date commenced, the record books and pages on which the cases
24 are recorded, the date of judgment, books and pages of the
25 judgment dockets, fee book, certificates of levy, sale and
26 redemption records on which they are entered satisfied or not
27 satisfied, and number of case. The defendant's index shall
28 be maintained in an electronic format or ruled and printed in
29 the same manner as the plaintiff's except the parties shall
30 be reversed.
31 3. Proper books of record or electronic databases, with
32 indices, showing the names of all parties to any action or
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1 judgment therein recorded, with a reference to the page where
2 it is recorded.
3 4. A judgment docket, in which all final judgments
4 (except child support orders as hereinafter provided) shall
5 be minuted at the time they are entered, or within 60 days
6 thereafter in alphabetical order, by the name of every person
7 against whom the judgment is entered, showing, in the proper
8 columns ruled for that purpose, the names of the parties, the
9 date, nature of the judgment, amount of the judgment and
10 costs in separate items, for which it is issued, to whom
11 issued, when returned, and the manner of its enforcement; a
12 blank column shall be kept in which may be entered a note of
13 the satisfaction or other disposition of the judgment or
14 order and when satisfied by enforcement or otherwise, or set
15 aside or enjoined; the clerk shall enter a minute thereof in
16 such column, showing how disposed of, the date and the book
17 and page, where the evidence thereof is to be found. In the
18 case of child support orders or modifications of such orders
19 entered on or after May 1, 1987, the clerk shall minute such
20 orders or modifications in the manner and form provided
21 herein but shall not minute every child support installment
22 when due or every child support payment when made. Such
23 dockets may be searched by persons, at all reasonable times
24 without fee.
25 5. A fee book, in which shall be distinctly set down, in
26 items, the proper title of the cause and heads, the cost of
27 each action, including clerk's, sheriff's and witness' fees,
28 stating the name of each witness having claimed attendance in
29 respect of the trial or hearing of such action with the
30 number of days attended. It shall not be necessary to insert
31 the cost in the judgment; but whenever an action is
32 determined and final judgment entered, the costs of each
33 party litigant shall be made up and entered in such fee book,
34 which shall be considered a part of the record and judgment,
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1 subject, however, at all times to be corrected by the court;
2 and the prevailing party shall be considered as having
3 recovered judgment for the amount of the costs so taxed in
4 his or her favor, and the same shall be included in the
5 certified copy of such judgment, and a bill thereof
6 accompanying certified copy of the judgment. If any clerk
7 shall issue a fee bill or a bill of costs, with the certified
8 copy of the judgment without first entering the same in the
9 fee book, or if any such bill of costs or fee bill shall be
10 issued which shall not be in substance a copy of the recorded
11 bill, the same shall be void. Any person having paid such
12 bill of costs or fee bill, may recover from the clerk the
13 amount thereof, with costs of the action, in any circuit
14 court.
15 6. Such other books of record and entry as are provided
16 by law, or may be required in the proper performance of their
17 duties. All records, dockets and books required by law to be
18 kept by such clerks shall be deemed public records, and shall
19 at all times be open to inspection without fee or reward, and
20 all persons shall have free access for inspection and
21 examination to such records, docket and books, and also to
22 all papers on file in the different clerks' offices and shall
23 have the right to take memoranda and abstracts thereto.
24 7. Other records maintained on an electronic database or
25 platform, containing abbreviated forms of entries of the
26 proceedings, orders, judgments, and fees in actions of the
27 circuit court. The proceedings, orders, judgments, and fees
28 entered in abbreviated form under this paragraph (7) shall
29 have the same force and effect as if they were entered in
30 full on the records of the court in the manner otherwise
31 provided in this Section.
32 (Source: P.A. 85-1156.)