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91_HB2847
LRB9105360RCks
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 27.1, 27.1a and 27.2.
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 and 27.2 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
8 court 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 minors, or petitions to sell
20 real 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
22 State as provided in Section 7-703 of the Family
23 Financial Responsibility Law and these fees shall
24 also be deposited into the Separate Maintenance and
25 Child Support Collection Fund.
26 (4) Interest earned on any funds held by the
27 clerk must be deposited in the county general fund
28 as an earning of the office.
29 (5) For any check, draft, or other bank
30 instrument returned to the clerk for non sufficient
31 funds, account closed, or payment stopped, $25.
32 (v) Correction of Cases
33 For correcting the case number or case title
34 on any document filed in his office, to be charged
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1 against the party that filed the document.......... $10
2 (w) Record Search
3 For searching a record, per year searched..... $4
4 (x) Printed Output
5 For each page of hard copy print output, when
6 case records are maintained on an automated medium. $2
7 (y) Alias Summons
8 For each alias summons issued................. $2
9 (z) Expungement of Records
10 For each expungement petition filed........... $15
11 (aa) Other Fees
12 Any fees not covered by this Section shall be set by
13 rule or administrative order of the Circuit Court, with
14 the approval of the Supreme Court.
15 (bb) Exemptions
16 No fee provided for herein shall be charged to any
17 unit of State or local government or school district
18 unless the Court orders another party to pay such fee on
19 its behalf. The fee requirements of this Section shall
20 not apply to police departments or other law enforcement
21 agencies. In this Section, "law enforcement agency"
22 means an agency of the State or a unit of local
23 government that is vested by law or ordinance with the
24 duty to maintain public order and to enforce criminal
25 laws and ordinances. The fee requirements of this Section
26 shall not apply to any action instituted under subsection
27 (b) of Section 11-31-1 of the Illinois Municipal Code by
28 a private owner or tenant of real property within 1200
29 feet of a dangerous or unsafe building seeking an order
30 compelling the owner or owners of the building to take
31 any of the actions authorized under that subsection.
32 (cc) Adoptions
33 (1) For an adoption.............................$65
34 (2) Upon good cause shown, the court may waive the
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1 adoption filing fee in a special needs adoption. The
2 term "special needs adoption" shall have the meaning
3 ascribed to it by the Illinois Department of Children and
4 Family Services.
5 (dd) Adoption exemptions
6 No fee other than that set forth in subsection (cc)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (ee) Additional Services
10 Beginning July 1, 1993, the clerk of the circuit
11 court may provide such additional services for which
12 there is no fee specified by statute in connection with
13 the operation of the clerk's office as may be requested
14 by the public and agreed to by the public and by the
15 clerk and approved by the chief judge of the circuit
16 court. Any charges for additional services shall be as
17 agreed to between the clerk and the party making the
18 request and approved by the chief judge of the circuit
19 court. Nothing in this subsection shall be as agreed to
20 between the clerk and the party making the request.
21 Nothing in this subsection shall be construed to require
22 any clerk to provide any service not otherwise required
23 by law.
24 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
25 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
26 12-31-98.)
27 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
28 Sec. 27.1a. The fees of the clerks of the circuit court
29 in all counties having a population in excess of 180,000 but
30 not more than 650,000 inhabitants in the instances described
31 in this Section shall be as provided in this Section. The
32 fees shall be paid in advance and shall be as follows:
33 (a) Civil Cases.
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1 The fee for filing a complaint, petition, or other
2 pleading initiating a civil action, with the following
3 exceptions, shall be $150.
4 (A) When the amount of money or damages or the
5 value of personal property claimed does not exceed
6 $250, $10.
7 (B) When that amount exceeds $250 but does not
8 exceed $500, $20.
9 (C) When that amount exceeds $500 but does not
10 exceed $2500, $30.
11 (D) When that amount exceeds $2500 but does
12 not exceed $15,000, $75.
13 (E) For the exercise of eminent domain, $150.
14 For each additional lot or tract of land or right or
15 interest therein subject to be condemned, the
16 damages in respect to which shall require separate
17 assessment by a jury, $150.
18 (a-1) Family.
19 For filing a petition under the Juvenile Court Act
20 of 1987, $25.
21 For filing a petition for a marriage license, $10.
22 For performing a marriage in court, $10.
23 For filing a petition under the Illinois Parentage
24 Act of 1984, $40.
25 (b) Forcible Entry and Detainer.
26 In each forcible entry and detainer case when the
27 plaintiff seeks possession only or unites with his or her
28 claim for possession of the property a claim for rent or
29 damages or both in the amount of $15,000 or less, $40.
30 When the plaintiff unites his or her claim for possession
31 with a claim for rent or damages or both exceeding
32 $15,000, $150.
33 (c) Counterclaim or Joining Third Party Defendant.
34 When any defendant files a counterclaim as part of
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1 his or her answer or otherwise or joins another party as
2 a third party defendant, or both, the defendant shall pay
3 a fee for each counterclaim or third party action in an
4 amount equal to the fee he or she would have had to pay
5 had he or she brought a separate action for the relief
6 sought in the counterclaim or against the third party
7 defendant, less the amount of the appearance fee, if that
8 has been paid.
9 (d) Confession of Judgment.
10 In a confession of judgment when the amount does not
11 exceed $1500, $50. When the amount exceeds $1500, but
12 does not exceed $15,000, $115. When the amount exceeds
13 $15,000, $200.
14 (e) Appearance.
15 The fee for filing an appearance in each civil case
16 shall be $50, except as follows:
17 (A) When the plaintiff in a forcible entry and
18 detainer case seeks possession only, $20.
19 (B) When the amount in the case does not
20 exceed $1500, $20.
21 (C) When that amount exceeds $1500 but does
22 not exceed $15,000, $40.
23 (f) Garnishment, Wage Deduction, and Citation.
24 In garnishment affidavit, wage deduction affidavit,
25 and citation petition when the amount does not exceed
26 $1,000, $10; when the amount exceeds $1,000 but does not
27 exceed $5,000, $20; and when the amount exceeds $5,000,
28 $30.
29 (g) Petition to Vacate or Modify.
30 (1) Petition to vacate or modify any final judgment
31 or order of court, except in forcible entry and detainer
32 cases and small claims cases or a petition to reopen an
33 estate, to modify, terminate, or enforce a judgment or
34 order for child or spousal support, or to modify,
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1 suspend, or terminate an order for withholding, if filed
2 before 30 days after the entry of the judgment or order,
3 $40.
4 (2) Petition to vacate or modify any final judgment
5 or order of court, except a petition to modify,
6 terminate, or enforce a judgment or order for child or
7 spousal support or to modify, suspend, or terminate an
8 order for withholding, if filed later than 30 days after
9 the entry of the judgment or order, $60.
10 (3) Petition to vacate order of bond forfeiture,
11 $20.
12 (h) Mailing.
13 When the clerk is required to mail, the fee will be
14 $6, plus the cost of postage.
15 (i) Certified Copies.
16 Each certified copy of a judgment after the first,
17 except in small claims and forcible entry and detainer
18 cases, $10.
19 (j) Habeas Corpus.
20 For filing a petition for relief by habeas corpus,
21 $80.
22 (k) Certification, Authentication, and Reproduction.
23 (1) Each certification or authentication for taking
24 the acknowledgment of a deed or other instrument in
25 writing with the seal of office, $4.
26 (2) Court appeals when original documents are
27 forwarded, under 100 pages, plus delivery and costs, $50.
28 (3) Court appeals when original documents are
29 forwarded, over 100 pages, plus delivery and costs, $120.
30 (4) Court appeals when original documents are
31 forwarded, over 200 pages, an additional fee of 20 cents
32 per page.
33 (5) For reproduction of any document contained in
34 the clerk's files:
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1 (A) First page, $2.
2 (B) Next 19 pages, 50 cents per page.
3 (C) All remaining pages, 25 cents per page.
4 (l) Remands.
5 In any cases remanded to the Circuit Court from the
6 Supreme Court or the Appellate Court for a new trial, the
7 clerk shall file the remanding order and reinstate the
8 case with either its original number or a new number. The
9 Clerk shall not charge any new or additional fee for the
10 reinstatement. Upon reinstatement the Clerk shall advise
11 the parties of the reinstatement. A party shall have the
12 same right to a jury trial on remand and reinstatement as
13 he or she had before the appeal, and no additional or new
14 fee or charge shall be made for a jury trial after
15 remand.
16 (m) Record Search.
17 For each record search, within a division or
18 municipal district, the clerk shall be entitled to a
19 search fee of $4 for each year searched.
20 (n) Hard Copy.
21 For each page of hard copy print output, when case
22 records are maintained on an automated medium, the clerk
23 shall be entitled to a fee of $4.
24 (o) Index Inquiry and Other Records.
25 No fee shall be charged for a single
26 plaintiff/defendant index inquiry or single case record
27 inquiry when this request is made in person and the
28 records are maintained in a current automated medium, and
29 when no hard copy print output is requested. The fees to
30 be charged for management records, multiple case records,
31 and multiple journal records may be specified by the
32 Chief Judge pursuant to the guidelines for access and
33 dissemination of information approved by the Supreme
34 Court.
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1 (p) Commitment Petitions.
2 For filing commitment petitions under the Mental
3 Health and Developmental Disabilities Code and for filing
4 a transcript of commitment proceedings held in another
5 county, $25.
6 (q) Alias Summons.
7 For each alias summons or citation issued by the
8 clerk, $4.
9 (r) Other Fees.
10 Any fees not covered in this Section shall be set by
11 rule or administrative order of the Circuit Court with
12 the approval of the Administrative Office of the Illinois
13 Courts.
14 The clerk of the circuit court may provide
15 additional services for which there is no fee specified
16 by statute in connection with the operation of the
17 clerk's office as may be requested by the public and
18 agreed to by the clerk and approved by the chief judge of
19 the circuit court. Any charges for additional services
20 shall be as agreed to between the clerk and the party
21 making the request and approved by the chief judge of the
22 circuit court. Nothing in this subsection shall be
23 construed to require any clerk to provide any service not
24 otherwise required by law.
25 (s) Jury Services.
26 The clerk shall be entitled to receive, in addition
27 to other fees allowed by law, the sum of $180, as a fee
28 for the services of a jury in every civil action not
29 quasi-criminal in its nature and not a proceeding for the
30 exercise of the right of eminent domain and in every
31 other action wherein the right of trial by jury is or may
32 be given by law. The jury fee shall be paid by the party
33 demanding a jury at the time of filing the jury demand.
34 If the fee is not paid by either party, no jury shall be
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1 called in the action or proceeding, and the same shall be
2 tried by the court without a jury.
3 (t) Voluntary Assignment.
4 For filing each deed of voluntary assignment, $10;
5 for recording the same, 25¢ for each 100 words.
6 Exceptions filed to claims presented to an assignee of a
7 debtor who has made a voluntary assignment for the
8 benefit of creditors shall be considered and treated, for
9 the purpose of taxing costs therein, as actions in which
10 the party or parties filing the exceptions shall be
11 considered as party or parties plaintiff, and the
12 claimant or claimants as party or parties defendant, and
13 those parties respectively shall pay to the clerk the
14 same fees as provided by this Section to be paid in other
15 actions.
16 (u) Expungement Petition.
17 The clerk shall be entitled to receive a fee of $30
18 for each expungement petition filed and an additional fee
19 of $2 for each certified copy of an order to expunge
20 arrest records.
21 (v) Probate.
22 The clerk is entitled to receive the fees specified in
23 this subsection (v), which shall be paid in advance, except
24 that, for good cause shown, the court may suspend, reduce, or
25 release the costs payable under this subsection:
26 (1) For administration of the estate of a decedent
27 (whether testate or intestate) or of a missing person,
28 $100, plus the fees specified in subsection (v)(3),
29 except:
30 (A) When the value of the real and personal
31 property does not exceed $15,000, the fee shall be
32 $25.
33 (B) When (i) proof of heirship alone is made,
34 (ii) a domestic or foreign will is admitted to
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1 probate without administration (including proof of
2 heirship), or (iii) letters of office are issued for
3 a particular purpose without administration of the
4 estate, the fee shall be $25.
5 (2) For administration of the estate of a ward,
6 $50, plus the fees specified in subsection (v)(3),
7 except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be
10 $25.
11 (B) When (i) letters of office are issued to a
12 guardian of the person or persons, but not of the
13 estate or (ii) letters of office are issued in the
14 estate of a ward without administration of the
15 estate, including filing or joining in the filing of
16 a tax return or releasing a mortgage or consenting
17 to the marriage of the ward, the fee shall be $10.
18 (3) In addition to the fees payable under
19 subsection (v)(1) or (v)(2) of this Section, the
20 following fees are payable:
21 (A) For each account (other than one final
22 account) filed in the estate of a decedent, or ward,
23 $15.
24 (B) For filing a claim in an estate when the
25 amount claimed is $150 or more but less than $500,
26 $10; when the amount claimed is $500 or more but
27 less than $10,000, $25; when the amount claimed is
28 $10,000 or more, $40; provided that the court in
29 allowing a claim may add to the amount allowed the
30 filing fee paid by the claimant.
31 (C) For filing in an estate a claim, petition,
32 or supplemental proceeding based upon an action
33 seeking equitable relief including the construction
34 or contest of a will, enforcement of a contract to
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1 make a will, and proceedings involving testamentary
2 trusts or the appointment of testamentary trustees,
3 $40.
4 (D) For filing in an estate (i) the appearance
5 of any person for the purpose of consent or (ii) the
6 appearance of an executor, administrator,
7 administrator to collect, guardian, guardian ad
8 litem, or special administrator, no fee.
9 (E) Except as provided in subsection
10 (v)(3)(D), for filing the appearance of any person
11 or persons, $10.
12 (F) For each jury demand, $90.
13 (G) For disposition of the collection of a
14 judgment or settlement of an action or claim for
15 wrongful death of a decedent or of any cause of
16 action of a ward, when there is no other
17 administration of the estate, $30, less any amount
18 paid under subsection (v)(1)(B) or (v)(2)(B) except
19 that if the amount involved does not exceed $5,000,
20 the fee, including any amount paid under subsection
21 (v)(1)(B) or (v)(2)(B), shall be $10.
22 (H) For each certified copy of letters of
23 office, of court order or other certification, $1,
24 plus 50¢ per page in excess of 3 pages for the
25 document certified.
26 (I) For each exemplification, $1, plus the fee
27 for certification.
28 (4) The executor, administrator, guardian,
29 petitioner, or other interested person or his or her
30 attorney shall pay the cost of publication by the clerk
31 directly to the newspaper.
32 (5) The person on whose behalf a charge is incurred
33 for witness, court reporter, appraiser, or other
34 miscellaneous fee shall pay the same directly to the
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1 person entitled thereto.
2 (6) The executor, administrator, guardian,
3 petitioner, or other interested person or his or her
4 attorney shall pay to the clerk all postage charges
5 incurred by the clerk in mailing petitions, orders,
6 notices, or other documents pursuant to the provisions of
7 the Probate Act of 1975.
8 (w) Criminal and Quasi-Criminal Costs and Fees.
9 (1) The clerk shall be entitled to costs in all
10 criminal and quasi-criminal cases from each person
11 convicted or sentenced to supervision therein as follows:
12 (A) Felony complaints, $80.
13 (B) Misdemeanor complaints, $50.
14 (C) Business offense complaints, $50.
15 (D) Petty offense complaints, $50.
16 (E) Minor traffic or ordinance violations,
17 $20.
18 (F) When court appearance required, $30.
19 (G) Motions to vacate or amend final orders,
20 $20.
21 (H) Motions to vacate bond forfeiture orders,
22 $20.
23 (I) Motions to vacate ex parte judgments,
24 whenever filed, $20.
25 (J) Motions to vacate judgment on forfeitures,
26 whenever filed, $20.
27 (K) Motions to vacate "failure to appear" or
28 "failure to comply" notices sent to the Secretary of
29 State, $20.
30 (2) In counties having a population in excess of
31 180,000 but not more than 650,000 inhabitants, when the
32 violation complaint is issued by a municipal police
33 department, the clerk shall be entitled to costs from
34 each person convicted therein as follows:
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1 (A) Minor traffic or ordinance violations,
2 $10.
3 (B) When court appearance required, $15.
4 (3) In ordinance violation cases punishable by fine
5 only, the clerk of the circuit court shall be entitled to
6 receive, unless the fee is excused upon a finding by the
7 court that the defendant is indigent, in addition to
8 other fees or costs allowed or imposed by law, the sum of
9 $50 as a fee for the services of a jury. The jury fee
10 shall be paid by the defendant at the time of filing his
11 or her jury demand. If the fee is not so paid by the
12 defendant, no jury shall be called, and the case shall be
13 tried by the court without a jury.
14 (x) Transcripts of Judgment.
15 For the filing of a transcript of judgment, the
16 clerk shall be entitled to the same fee as if it were the
17 commencement of a new suit.
18 (y) Change of Venue.
19 (1) For the filing of a change of case on a change
20 of venue, the clerk shall be entitled to the same fee as
21 if it were the commencement of a new suit.
22 (2) The fee for the preparation and certification
23 of a record on a change of venue to another jurisdiction,
24 when original documents are forwarded, $25.
25 (z) Tax objection complaints.
26 For each tax objection complaint containing one or
27 more tax objections, regardless of the number of parcels
28 involved or the number of taxpayers joining on the
29 complaint, $25.
30 (aa) Tax Deeds.
31 (1) Petition for tax deed, if only one parcel is
32 involved, $150.
33 (2) For each additional parcel, add a fee of $50.
34 (bb) Collections.
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1 (1) For all collections made of others, except the
2 State and county and except in maintenance or child
3 support cases, a sum equal to 2.5% of the amount
4 collected and turned over.
5 (2) Interest earned on any funds held by the clerk
6 shall be turned over to the county general fund as an
7 earning of the office.
8 (3) For any check, draft, or other bank instrument
9 returned to the clerk for non-sufficient funds, account
10 closed, or payment stopped, $25.
11 (4) In child support and maintenance cases, the
12 clerk, if authorized by an ordinance of the county board,
13 may collect an annual fee of up to $36 from the person
14 making payment for administering the collection and
15 distribution of maintenance and child support payments.
16 This fee shall be in addition to and separate from
17 amounts ordered to be paid as maintenance or child
18 support and shall be deposited into a Separate
19 Maintenance and Child Support Collection Fund, of which
20 the clerk shall be the custodian, ex-officio, to be used
21 by the clerk to further maintenance and child supports in
22 his or her office. The clerk may recover from the person
23 making the maintenance or child support payment any
24 additional cost incurred in the collection of this annual
25 fee.
26 The clerk shall also be entitled to a fee of $5 for
27 certifications made to the Secretary of State as provided
28 in Section 7-703 of the Family Financial Responsibility
29 Law and these fees shall also be deposited into the
30 Separate Maintenance and Child Support Collection Fund.
31 (5) In child support and maintenance matters, the
32 clerk may deduct from each payment an amount equal to the
33 United States postage to be used in mailing the
34 maintenance or child support check to the recipient.
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1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, $15.
7 (dd) Exceptions.
8 (1) The fee requirements of this Section shall not
9 apply to police departments or other law enforcement
10 agencies. In this Section, "law enforcement agency"
11 means an agency of the State or a unit of local
12 government which is vested by law or ordinance with the
13 duty to maintain public order and to enforce criminal
14 laws or ordinances. "Law enforcement agency" also means
15 the Attorney General or any state's attorney.
16 (2) No fee provided herein shall be charged to any
17 unit of local government or school district.
18 (3) The fee requirements of this Section shall not
19 apply to any action instituted under subsection (b) of
20 Section 11-31-1 of the Illinois Municipal Code by a
21 private owner or tenant of real property within 1200 feet
22 of a dangerous or unsafe building seeking an order
23 compelling the owner or owners of the building to take
24 any of the actions authorized under that subsection.
25 (ee) Adoptions.
26 (1) For an adoption.............................$65
27 (2) Upon good cause shown, the court may waive the
28 adoption filing fee in a special needs adoption. The
29 term "special needs adoption" shall have the meaning
30 ascribed to it by the Illinois Department of Children and
31 Family Services.
32 (ff) Adoption exemptions.
33 No fee other than that set forth in subsection (ee)
34 shall be charged to any person in connection with an
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1 adoption proceeding.
2 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
3 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
4 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
5 Sec. 27.2. The fees of the clerks of the circuit court
6 in all counties having a population in excess of 650,000
7 inhabitants but less than 3,000,000 inhabitants in the
8 instances described in this Section shall be as provided in
9 this Section. In addition, the fees provided in this Section
10 shall apply to all units of local government and school
11 districts in counties with more than 3,000,000 inhabitants.
12 The fees shall be paid in advance and shall be as follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $150.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $10.
20 (B) When that amount exceeds $250 but does not
21 exceed $500, $20.
22 (C) When that amount exceeds $500 but does not
23 exceed $2500, $30.
24 (D) When that amount exceeds $2500 but does
25 not exceed $15,000, $75.
26 (E) For the exercise of eminent domain, $150.
27 For each additional lot or tract of land or right or
28 interest therein subject to be condemned, the
29 damages in respect to which shall require separate
30 assessment by a jury, $150.
31 (b) Forcible Entry and Detainer.
32 In each forcible entry and detainer case when the
33 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, and
30 Exemplification.
31 (1) Each certification or authentication for taking
32 the acknowledgment of a deed or other instrument in
33 writing with the seal of office, $4.
34 (2) Court appeals when original documents are
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1 forwarded, under 100 pages, plus delivery and costs, $50.
2 (3) Court appeals when original documents are
3 forwarded, over 100 pages, plus delivery and costs, $120.
4 (4) Court appeals when original documents are
5 forwarded, over 200 pages, an additional fee of 20 cents
6 per page.
7 (5) For reproduction of any document contained in
8 the clerk's files:
9 (A) First page, $2.
10 (B) Next 19 pages, 50 cents per page.
11 (C) All remaining pages, 25 cents per page.
12 (6) For each exemplification, $2 plus the fee for
13 certification.
14 (l) Remands.
15 In any cases remanded to the Circuit Court from the
16 Supreme Court or the Appellate Court for a new trial, the
17 clerk shall file the remanding order and reinstate the
18 case with either its original number or a new number.
19 The Clerk shall not charge any new or additional fee for
20 the reinstatement. Upon reinstatement the Clerk shall
21 advise the parties of the reinstatement. A party shall
22 have the same right to a jury trial on remand and
23 reinstatement as he or she had before the appeal, and no
24 additional or new fee or charge shall be made for a jury
25 trial after remand.
26 (m) Record Search.
27 For each record search, within a division or
28 municipal district, the clerk shall be entitled to a
29 search fee of $4 for each year searched.
30 (n) Hard Copy.
31 For each page of hard copy print output, when case
32 records are maintained on an automated medium, the clerk
33 shall be entitled to a fee of $4.
34 (o) Index Inquiry and Other Records.
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1 No fee shall be charged for a single
2 plaintiff/defendant index inquiry or single case record
3 inquiry when this request is made in person and the
4 records are maintained in a current automated medium, and
5 when no hard copy print output is requested. The fees to
6 be charged for management records, multiple case records,
7 and multiple journal records may be specified by the
8 Chief Judge pursuant to the guidelines for access and
9 dissemination of information approved by the Supreme
10 Court.
11 (p) Commitment Petitions.
12 For filing commitment petitions under the Mental
13 Health and Developmental Disabilities Code, $25.
14 (q) Alias Summons.
15 For each alias summons or citation issued by the
16 clerk, $4.
17 (r) Other Fees.
18 Any fees not covered in this Section shall be set by
19 rule or administrative order of the Circuit Court with
20 the approval of the Administrative Office of the Illinois
21 Courts.
22 The clerk of the circuit court may provide
23 additional services for which there is no fee specified
24 by statute in connection with the operation of the
25 clerk's office as may be requested by the public and
26 agreed to by the clerk and approved by the chief judge of
27 the circuit court. Any charges for additional services
28 shall be as agreed to between the clerk and the party
29 making the request and approved by the chief judge of the
30 circuit court. Nothing in this subsection shall be
31 construed to require any clerk to provide any service not
32 otherwise required by law.
33 (s) Jury Services.
34 The clerk shall be entitled to receive, in addition
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1 to other fees allowed by law, the sum of $180, as a fee
2 for the services of a jury in every civil action not
3 quasi-criminal in its nature and not a proceeding for the
4 exercise of the right of eminent domain and in every
5 other action wherein the right of trial by jury is or may
6 be given by law. The jury fee shall be paid by the party
7 demanding a jury at the time of filing the jury demand.
8 If the fee is not paid by either party, no jury shall be
9 called in the action or proceeding, and the same shall be
10 tried by the court without a jury.
11 (t) Voluntary Assignment.
12 For filing each deed of voluntary assignment, $10;
13 for recording the same, 25¢ for each 100 words.
14 Exceptions filed to claims presented to an assignee of a
15 debtor who has made a voluntary assignment for the
16 benefit of creditors shall be considered and treated, for
17 the purpose of taxing costs therein, as actions in which
18 the party or parties filing the exceptions shall be
19 considered as party or parties plaintiff, and the
20 claimant or claimants as party or parties defendant, and
21 those parties respectively shall pay to the clerk the
22 same fees as provided by this Section to be paid in other
23 actions.
24 (u) Expungement Petition.
25 The clerk shall be entitled to receive a fee of $30
26 for each expungement petition filed and an additional fee
27 of $2 for each certified copy of an order to expunge
28 arrest records.
29 (v) Probate.
30 The clerk is entitled to receive the fees specified in
31 this subsection (v), which shall be paid in advance, except
32 that, for good cause shown, the court may suspend, reduce, or
33 release the costs payable under this subsection:
34 (1) For administration of the estate of a decedent
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1 (whether testate or intestate) or of a missing person,
2 $100, plus the fees specified in subsection (v)(3),
3 except:
4 (A) When the value of the real and personal
5 property does not exceed $15,000, the fee shall be
6 $25.
7 (B) When (i) proof of heirship alone is made,
8 (ii) a domestic or foreign will is admitted to
9 probate without administration (including proof of
10 heirship), or (iii) letters of office are issued for
11 a particular purpose without administration of the
12 estate, the fee shall be $25.
13 (2) For administration of the estate of a ward,
14 $50, plus the fees specified in subsection (v)(3),
15 except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be
18 $25.
19 (B) When (i) letters of office are issued to a
20 guardian of the person or persons, but not of the
21 estate or (ii) letters of office are issued in the
22 estate of a ward without administration of the
23 estate, including filing or joining in the filing of
24 a tax return or releasing a mortgage or consenting
25 to the marriage of the ward, the fee shall be $10.
26 (3) In addition to the fees payable under
27 subsection (v)(1) or (v)(2) of this Section, the
28 following fees are payable:
29 (A) For each account (other than one final
30 account) filed in the estate of a decedent, or ward,
31 $15.
32 (B) For filing a claim in an estate when the
33 amount claimed is $150 or more but less than $500,
34 $10; when the amount claimed is $500 or more but
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1 less than $10,000, $25; when the amount claimed is
2 $10,000 or more, $40; provided that the court in
3 allowing a claim may add to the amount allowed the
4 filing fee paid by the claimant.
5 (C) For filing in an estate a claim, petition,
6 or supplemental proceeding based upon an action
7 seeking equitable relief including the construction
8 or contest of a will, enforcement of a contract to
9 make a will, and proceedings involving testamentary
10 trusts or the appointment of testamentary trustees,
11 $40.
12 (D) For filing in an estate (i) the appearance
13 of any person for the purpose of consent or (ii) the
14 appearance of an executor, administrator,
15 administrator to collect, guardian, guardian ad
16 litem, or special administrator, no fee.
17 (E) Except as provided in subsection
18 (v)(3)(D), for filing the appearance of any person
19 or persons, $10.
20 (F) For each jury demand, $90.
21 (G) For disposition of the collection of a
22 judgment or settlement of an action or claim for
23 wrongful death of a decedent or of any cause of
24 action of a ward, when there is no other
25 administration of the estate, $30, less any amount
26 paid under subsection (v)(1)(B) or (v)(2)(B) except
27 that if the amount involved does not exceed $5,000,
28 the fee, including any amount paid under subsection
29 (v)(1)(B) or (v)(2)(B), shall be $10.
30 (H) For each certified copy of letters of
31 office, of court order or other certification, $1,
32 plus 50¢ per page in excess of 3 pages for the
33 document certified.
34 (I) For each exemplification, $1, plus the fee
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1 for certification.
2 (4) The executor, administrator, guardian,
3 petitioner, or other interested person or his or her
4 attorney shall pay the cost of publication by the clerk
5 directly to the newspaper.
6 (5) The person on whose behalf a charge is incurred
7 for witness, court reporter, appraiser, or other
8 miscellaneous fee shall pay the same directly to the
9 person entitled thereto.
10 (6) The executor, administrator, guardian,
11 petitioner, or other interested person or his attorney
12 shall pay to the clerk all postage charges incurred by
13 the clerk in mailing petitions, orders, notices, or other
14 documents pursuant to the provisions of the Probate Act
15 of 1975.
16 (w) Criminal and Quasi-Criminal Costs and Fees.
17 (1) The clerk shall be entitled to costs in all
18 criminal and quasi-criminal cases from each person
19 convicted or sentenced to supervision therein as follows:
20 (A) Felony complaints, $80.
21 (B) Misdemeanor complaints, $50.
22 (C) Business offense complaints, $50.
23 (D) Petty offense complaints, $50.
24 (E) Minor traffic or ordinance violations,
25 $20.
26 (F) When court appearance required, $30.
27 (G) Motions to vacate or amend final orders,
28 $20.
29 (H) Motions to vacate bond forfeiture orders,
30 $20.
31 (I) Motions to vacate ex parte judgments,
32 whenever filed, $20.
33 (J) Motions to vacate judgment on forfeitures,
34 whenever filed, $20.
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1 (K) Motions to vacate "failure to appear" or
2 "failure to comply" notices sent to the Secretary of
3 State, $20.
4 (2) In counties having a population of more than
5 650,000 but fewer than 3,000,000 inhabitants, when the
6 violation complaint is issued by a municipal police
7 department, the clerk shall be entitled to costs from
8 each person convicted therein as follows:
9 (A) Minor traffic or ordinance violations,
10 $10.
11 (B) When court appearance required, $15.
12 (3) In ordinance violation cases punishable by fine
13 only, the clerk of the circuit court shall be entitled to
14 receive, unless the fee is excused upon a finding by the
15 court that the defendant is indigent, in addition to
16 other fees or costs allowed or imposed by law, the sum of
17 $50 as a fee for the services of a jury. The jury fee
18 shall be paid by the defendant at the time of filing his
19 or her jury demand. If the fee is not so paid by the
20 defendant, no jury shall be called, and the case shall be
21 tried by the court without a jury.
22 (x) Transcripts of Judgment.
23 For the filing of a transcript of judgment, the
24 clerk shall be entitled to the same fee as if it were the
25 commencement of new suit.
26 (y) Change of Venue.
27 (1) For the filing of a change of case on a change
28 of venue, the clerk shall be entitled to the same fee as
29 if it were the commencement of a new suit.
30 (2) The fee for the preparation and certification
31 of a record on a change of venue to another jurisdiction,
32 when original documents are forwarded, $25.
33 (z) Tax objection complaints.
34 For each tax objection complaint containing one or
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1 more tax objections, regardless of the number of parcels
2 involved or the number of taxpayers joining in the
3 complaint, $25.
4 (aa) Tax Deeds.
5 (1) Petition for tax deed, if only one parcel is
6 involved, $150.
7 (2) For each additional parcel, add a fee of $50.
8 (bb) Collections.
9 (1) For all collections made of others, except the
10 State and county and except in maintenance or child
11 support cases, a sum equal to 2.5% of the amount
12 collected and turned over.
13 (2) Interest earned on any funds held by the clerk
14 shall be turned over to the county general fund as an
15 earning of the office.
16 (3) For any check, draft, or other bank instrument
17 returned to the clerk for non-sufficient funds, account
18 closed, or payment stopped, $25.
19 (4) In child support and maintenance cases, the
20 clerk, if authorized by an ordinance of the county board,
21 may collect an annual fee of up to $36 from the person
22 making payment for administering the collection and
23 distribution of maintenance and child support payments.
24 This fee shall be in addition to and separate from
25 amounts ordered to be paid as maintenance or child
26 support and shall be deposited into a Separate
27 Maintenance and Child Support Collection Fund, of which
28 the clerk shall be the custodian, ex-officio, to be used
29 by the clerk to further maintenance and child supports in
30 his or her office. The clerk may recover from the person
31 making the maintenance or child support payment any
32 additional cost incurred in the collection of this annual
33 fee.
34 The clerk shall also be entitled to a fee of $5 for
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1 certifications made to the Secretary of State as provided
2 in Section 7-703 of the Family Financial Responsibility
3 Law and these fees shall also be deposited into the
4 Separate Maintenance and Child Support Collection Fund.
5 (cc) Corrections of Numbers.
6 For correction of the case number, case title, or
7 attorney computer identification number, if required by
8 rule of court, on any document filed in the clerk's
9 office, to be charged against the party that filed the
10 document, $15.
11 (dd) Exceptions.
12 The fee requirements of this Section shall not apply
13 to police departments or other law enforcement agencies.
14 In this Section, "law enforcement agency" means an agency
15 of the State or a unit of local government which is
16 vested by law or ordinance with the duty to maintain
17 public order and to enforce criminal laws or ordinances.
18 "Law enforcement agency" also means the Attorney General
19 or any state's attorney. The fee requirements of this
20 Section shall not apply to any action instituted under
21 subsection (b) of Section 11-31-1 of the Illinois
22 Municipal Code by a private owner or tenant of real
23 property within 1200 feet of a dangerous or unsafe
24 building seeking an order compelling the owner or owners
25 of the building to take any of the actions authorized
26 under that subsection.
27 (ee) Adoptions.
28 (1) For an adoption.............................$65
29 (2) Upon good cause shown, the court may waive the
30 adoption filing fee in a special needs adoption. The
31 term "special needs adoption" shall have the meaning
32 ascribed to it by the Illinois Department of Children and
33 Family Services.
34 (ff) Adoption exemptions.
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1 No fee other than that set forth in subsection (ee)
2 shall be charged to any person in connection with an
3 adoption proceeding.
4 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
5 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.