State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_HB1829enr

 
HB1829 Enrolled                                LRB9205211REtm

 1        AN ACT concerning fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Clerks  of  Courts  Act  is  amended  by
 5    changing Sections 27.1a, 27.2, and 27.2a as follows:

 6        (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
 7        Sec.  27.1a.  The fees of the clerks of the circuit court
 8    in all counties having a population in excess of 180,000  but
 9    not  more  than  500,000 650,000 inhabitants in the instances
10    described in this  Section  shall  be  as  provided  in  this
11    Section.   The  fees shall be paid in advance and shall be as
12    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    (a-1)  Family.
 
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 1             For  filing  a petition under the Juvenile Court Act
 2        of 1987, $25.
 3             For filing a petition for a marriage license, $10.
 4             For performing a marriage in court, $10.
 5             For filing a petition under the  Illinois  Parentage
 6        Act of 1984, $40.
 7    (b)  Forcible Entry and Detainer.
 8             In  each  forcible  entry and detainer case when the
 9        plaintiff seeks possession only or unites with his or her
10        claim for possession of the property a claim for rent  or
11        damages  or  both  in the amount of $15,000 or less, $40.
12        When the plaintiff unites his or her claim for possession
13        with a claim  for  rent  or  damages  or  both  exceeding
14        $15,000, $150.
15    (c)  Counterclaim or Joining Third Party Defendant.
16             When  any  defendant files a counterclaim as part of
17        his or her answer or otherwise or joins another party  as
18        a third party defendant, or both, the defendant shall pay
19        a  fee  for each counterclaim or third party action in an
20        amount equal to the fee he or she would have had  to  pay
21        had  he  or  she brought a separate action for the relief
22        sought in the counterclaim or  against  the  third  party
23        defendant, less the amount of the appearance fee, if that
24        has been paid.
25    (d)  Confession of Judgment.
26             In a confession of judgment when the amount does not
27        exceed  $1500,  $50.  When  the amount exceeds $1500, but
28        does not exceed $15,000, $115. When  the  amount  exceeds
29        $15,000, $200.
30    (e)  Appearance.
31             The  fee for filing an appearance in each civil case
32        shall be $50, except as follows:
33                  (A)  When the plaintiff in a forcible entry and
34             detainer case seeks possession only, $20.
 
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 1                  (B)  When the  amount  in  the  case  does  not
 2             exceed $1500, $20.
 3                  (C)  When  that  amount  exceeds $1500 but does
 4             not exceed $15,000, $40.
 5    (f)  Garnishment, Wage Deduction, and Citation.
 6             In garnishment affidavit, wage deduction  affidavit,
 7        and  citation  petition  when  the amount does not exceed
 8        $1,000, $10; when the amount exceeds $1,000 but does  not
 9        exceed  $5,000,  $20; and when the amount exceeds $5,000,
10        $30.
11    (g)  Petition to Vacate or Modify.
12             (1)  Petition to vacate or modify any final judgment
13        or order of court, except in forcible entry and  detainer
14        cases  and  small claims cases or a petition to reopen an
15        estate, to modify, terminate, or enforce  a  judgment  or
16        order  for  child  or  spousal  support,  or  to  modify,
17        suspend,  or terminate an order for withholding, if filed
18        before 30 days after the entry of the judgment or  order,
19        $40.
20             (2)  Petition to vacate or modify any final judgment
21        or   order   of  court,  except  a  petition  to  modify,
22        terminate, or enforce a judgment or order  for  child  or
23        spousal  support  or  to modify, suspend, or terminate an
24        order for withholding, if filed later than 30 days  after
25        the entry of the judgment or order, $60.
26             (3)  Petition  to  vacate  order of bond forfeiture,
27        $20.
28    (h)  Mailing.
29             When the clerk is required to mail, the fee will  be
30        $6, plus the cost of postage.
31    (i)  Certified Copies.
32             Each  certified  copy of a judgment after the first,
33        except in small claims and forcible  entry  and  detainer
34        cases, $10.
 
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 1    (j)  Habeas Corpus.
 2             For  filing  a petition for relief by habeas corpus,
 3        $80.
 4    (k)  Certification, Authentication, and Reproduction.
 5             (1)  Each certification or authentication for taking
 6        the acknowledgment of  a  deed  or  other  instrument  in
 7        writing with the seal of office, $4.
 8             (2)  Court   appeals  when  original  documents  are
 9        forwarded, under 100 pages, plus delivery and costs, $50.
10             (3)  Court  appeals  when  original  documents   are
11        forwarded, over 100 pages, plus delivery and costs, $120.
12             (4)  Court   appeals  when  original  documents  are
13        forwarded, over 200 pages, an additional fee of 20  cents
14        per page.
15             (5)  For  reproduction  of any document contained in
16        the clerk's files:
17                  (A)  First page, $2.
18                  (B)  Next 19 pages, 50 cents per page.
19                  (C)  All remaining pages, 25 cents per page.
20    (l)  Remands.
21             In any cases remanded to the Circuit Court  from the
22        Supreme Court or the Appellate Court for a new trial, the
23        clerk shall file the remanding order  and  reinstate  the
24        case with either its original number or a new number. The
25        Clerk  shall not charge any new or additional fee for the
26        reinstatement. Upon reinstatement the Clerk shall  advise
27        the parties of the reinstatement.  A party shall have the
28        same right to a jury trial on remand and reinstatement as
29        he or she had before the appeal, and no additional or new
30        fee  or  charge  shall  be  made  for  a jury trial after
31        remand.
32    (m)  Record Search.
33             For  each  record  search,  within  a  division   or
34        municipal  district,  the  clerk  shall  be entitled to a
 
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 1        search fee of $4 for each year searched.
 2    (n)  Hard Copy.
 3             For each page of hard copy print output,  when  case
 4        records  are maintained on an automated medium, the clerk
 5        shall be entitled to a fee of $4.
 6    (o)  Index Inquiry and Other Records.
 7             No   fee   shall   be   charged   for    a    single
 8        plaintiff/defendant  index  inquiry or single case record
 9        inquiry when this request  is  made  in  person  and  the
10        records are maintained in a current automated medium, and
11        when no hard copy print output is requested.  The fees to
12        be charged for management records, multiple case records,
13        and  multiple  journal  records  may  be specified by the
14        Chief Judge pursuant to the  guidelines  for  access  and
15        dissemination  of  information  approved  by  the Supreme
16        Court.
17    (p)  Commitment Petitions.
18             For filing commitment  petitions  under  the  Mental
19        Health and Developmental Disabilities Code and for filing
20        a  transcript  of  commitment proceedings held in another
21        county, $25.
22    (q)  Alias Summons.
23             For each alias summons or  citation  issued  by  the
24        clerk, $4.
25    (r)  Other Fees.
26             Any fees not covered in this Section shall be set by
27        rule  or  administrative  order of the Circuit Court with
28        the approval of the Administrative Office of the Illinois
29        Courts.
30             The  clerk  of  the  circuit   court   may   provide
31        additional  services  for which there is no fee specified
32        by statute  in  connection  with  the  operation  of  the
33        clerk's  office  as  may  be  requested by the public and
34        agreed to by the clerk and approved by the chief judge of
 
HB1829 Enrolled            -6-                 LRB9205211REtm
 1        the circuit court.  Any charges for  additional  services
 2        shall  be  as  agreed  to between the clerk and the party
 3        making the request and approved by the chief judge of the
 4        circuit court.   Nothing  in  this  subsection  shall  be
 5        construed to require any clerk to provide any service not
 6        otherwise required by law.
 7    (s)  Jury Services.
 8             The  clerk shall be entitled to receive, in addition
 9        to other fees allowed by law, the sum of  $192.50,  as  a
10        fee  for the services of a jury in every civil action not
11        quasi-criminal in its nature and not a proceeding for the
12        exercise of the right of  eminent  domain  and  in  every
13        other action wherein the right of trial by jury is or may
14        be given by law.  The jury fee shall be paid by the party
15        demanding  a  jury at the time of filing the jury demand.
16        If the fee is not paid by either party, no jury shall  be
17        called in the action or proceeding, and the same shall be
18        tried by the court without a jury.
19    (t)  Voluntary Assignment.
20             For  filing  each deed of voluntary assignment, $10;
21        for  recording  the  same,  25¢  for  each   100   words.
22        Exceptions  filed to claims presented to an assignee of a
23        debtor who  has  made  a  voluntary  assignment  for  the
24        benefit of creditors shall be considered and treated, for
25        the  purpose of taxing costs therein, as actions in which
26        the party or  parties  filing  the  exceptions  shall  be
27        considered   as  party  or  parties  plaintiff,  and  the
28        claimant or claimants as party or parties defendant,  and
29        those  parties  respectively  shall  pay to the clerk the
30        same fees as provided by this Section to be paid in other
31        actions.
32    (u)  Expungement Petition.
33             The clerk shall be entitled to receive a fee of  $30
34        for each expungement petition filed and an additional fee
 
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 1        of  $2  for   each  certified copy of an order to expunge
 2        arrest records.
 3    (v)  Probate.
 4        The clerk is entitled to receive the  fees  specified  in
 5    this  subsection  (v), which shall be paid in advance, except
 6    that, for good cause shown, the court may suspend, reduce, or
 7    release the costs payable under this subsection:
 8             (1)  For administration of the estate of a  decedent
 9        (whether  testate  or  intestate) or of a missing person,
10        $100, plus  the  fees  specified  in  subsection  (v)(3),
11        except:
12                  (A)  When  the  value  of the real and personal
13             property does not exceed $15,000, the fee  shall  be
14             $25.
15                  (B)  When  (i) proof of heirship alone is made,
16             (ii) a domestic  or  foreign  will  is  admitted  to
17             probate  without  administration (including proof of
18             heirship), or (iii) letters of office are issued for
19             a particular purpose without administration  of  the
20             estate, the fee shall be $25.
21             (2)  For  administration  of  the  estate of a ward,
22        $50,  plus  the  fees  specified  in  subsection  (v)(3),
23        except:
24                  (A)  When the value of the  real  and  personal
25             property  does  not exceed $15,000, the fee shall be
26             $25.
27                  (B)  When (i) letters of office are issued to a
28             guardian of the person or persons, but  not  of  the
29             estate  or  (ii) letters of office are issued in the
30             estate of  a  ward  without  administration  of  the
31             estate, including filing or joining in the filing of
32             a  tax  return or releasing a mortgage or consenting
33             to the marriage of the ward, the fee shall be $10.
34             (3)  In  addition  to   the   fees   payable   under
 
HB1829 Enrolled            -8-                 LRB9205211REtm
 1        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
 2        following fees are payable:
 3                  (A)  For each account  (other  than  one  final
 4             account) filed in the estate of a decedent, or ward,
 5             $15.
 6                  (B)  For  filing  a claim in an estate when the
 7             amount claimed is $150 or more but less  than  $500,
 8             $10;  when  the  amount  claimed is $500 or more but
 9             less than $10,000, $25; when the amount  claimed  is
10             $10,000  or  more,  $40;  provided that the court in
11             allowing a claim may add to the amount  allowed  the
12             filing fee paid by the claimant.
13                  (C)  For filing in an estate a claim, petition,
14             or  supplemental  proceeding  based  upon  an action
15             seeking equitable relief including the  construction
16             or  contest  of a will, enforcement of a contract to
17             make a will, and proceedings involving  testamentary
18             trusts  or the appointment of testamentary trustees,
19             $40.
20                  (D)  For filing in an estate (i) the appearance
21             of any person for the purpose of consent or (ii) the
22             appearance   of    an    executor,    administrator,
23             administrator  to  collect,  guardian,  guardian  ad
24             litem, or special administrator, no fee.
25                  (E)  Except    as    provided   in   subsection
26             (v)(3)(D), for filing the appearance of  any  person
27             or persons, $10.
28                  (F)  For each jury demand, $102.50.
29                  (G)  For  disposition  of  the  collection of a
30             judgment or settlement of an  action  or  claim  for
31             wrongful  death  of  a  decedent  or of any cause of
32             action  of  a  ward,  when   there   is   no   other
33             administration  of  the estate, $30, less any amount
34             paid under subsection (v)(1)(B) or (v)(2)(B)  except
 
HB1829 Enrolled            -9-                 LRB9205211REtm
 1             that  if the amount involved does not exceed $5,000,
 2             the fee, including any amount paid under  subsection
 3             (v)(1)(B) or (v)(2)(B), shall be $10.
 4                  (H)  For  each  certified  copy  of  letters of
 5             office, of court order or other  certification,  $1,
 6             plus  50¢  per  page  in  excess  of 3 pages for the
 7             document certified.
 8                  (I)  For each exemplification, $1, plus the fee
 9             for certification.
10             (4)  The    executor,    administrator,    guardian,
11        petitioner, or other interested  person  or  his  or  her
12        attorney  shall  pay the cost of publication by the clerk
13        directly to the newspaper.
14             (5)  The person on whose behalf a charge is incurred
15        for  witness,  court  reporter,   appraiser,   or   other
16        miscellaneous  fee  shall  pay  the  same directly to the
17        person entitled thereto.
18             (6)  The    executor,    administrator,    guardian,
19        petitioner, or other interested  person  or  his  or  her
20        attorney  shall  pay  to  the  clerk  all postage charges
21        incurred by  the  clerk  in  mailing  petitions,  orders,
22        notices, or other documents pursuant to the provisions of
23        the Probate Act of 1975.
24    (w)  Criminal and Quasi-Criminal Costs and Fees.
25             (1)  The  clerk  shall  be  entitled to costs in all
26        criminal  and  quasi-criminal  cases  from  each   person
27        convicted or sentenced to supervision therein as follows:
28                  (A)  Felony complaints, $80.
29                  (B)  Misdemeanor complaints, $50.
30                  (C)  Business offense complaints, $50.
31                  (D)  Petty offense complaints, $50.
32                  (E)  Minor  traffic  or  ordinance  violations,
33             $20.
34                  (F)  When court appearance required, $30.
 
HB1829 Enrolled            -10-                LRB9205211REtm
 1                  (G)  Motions  to  vacate or amend final orders,
 2             $20.
 3                  (H)  Motions to vacate bond forfeiture  orders,
 4             $20.
 5                  (I)  Motions  to  vacate  ex  parte  judgments,
 6             whenever filed, $20.
 7                  (J)  Motions to vacate judgment on forfeitures,
 8             whenever filed, $20.
 9                  (K)  Motions  to  vacate "failure to appear" or
10             "failure to comply" notices sent to the Secretary of
11             State, $20.
12             (2)  In counties having a population  in  excess  of
13        180,000  but  not  more than 500,000 650,000 inhabitants,
14        when the violation complaint is  issued  by  a  municipal
15        police  department,  the clerk shall be entitled to costs
16        from each person convicted therein as follows:
17                  (A)  Minor  traffic  or  ordinance  violations,
18             $10.
19                  (B)  When court appearance required, $15.
20             (3)  In ordinance violation cases punishable by fine
21        only, the clerk of the circuit court shall be entitled to
22        receive, unless the fee is excused upon a finding by  the
23        court  that  the  defendant  is  indigent, in addition to
24        other fees or costs allowed or imposed by law, the sum of
25        $62.50 as a fee for the services of a jury.  The jury fee
26        shall be paid by the defendant at the time of filing  his
27        or  her  jury  demand.   If the fee is not so paid by the
28        defendant, no jury shall be called, and the case shall be
29        tried by the court without a jury.
30    (x)  Transcripts of Judgment.
31             For the filing of  a  transcript  of  judgment,  the
32        clerk shall be entitled to the same fee as if it were the
33        commencement of a new suit.
34    (y)  Change of Venue.
 
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 1             (1)  For  the filing of a change of case on a change
 2        of venue, the clerk shall be entitled to the same fee  as
 3        if it were the commencement of a new suit.
 4             (2)  The  fee  for the preparation and certification
 5        of a record on a change of venue to another jurisdiction,
 6        when original documents are forwarded, $25.
 7    (z)  Tax objection complaints.
 8             For each tax objection complaint containing  one  or
 9        more  tax objections, regardless of the number of parcels
10        involved or  the  number  of  taxpayers  joining  on  the
11        complaint, $25.
12    (aa)  Tax Deeds.
13             (1)  Petition  for  tax  deed, if only one parcel is
14        involved, $150.
15             (2)  For each additional parcel, add a fee of $50.
16    (bb)  Collections.
17             (1)  For all collections made of others, except  the
18        State  and  county  and  except  in  maintenance or child
19        support  cases,  a  sum  equal  to  2.5%  of  the  amount
20        collected and turned over.
21             (2)  Interest earned on any funds held by the  clerk
22        shall  be  turned  over  to the county general fund as an
23        earning of the office.
24             (3)  For any check, draft, or other bank  instrument
25        returned  to  the clerk for non-sufficient funds, account
26        closed, or payment stopped, $25.
27             (4)  In child support  and  maintenance  cases,  the
28        clerk, if authorized by an ordinance of the county board,
29        may  collect  an  annual fee of up to $36 from the person
30        making payment for maintaining child support records  and
31        the processing of support orders to the State of Illinois
32        KIDS  system  and the recording of payments issued by the
33        State Disbursement Unit for the official  record  of  the
34        Court.   This  fee  shall  be in addition to and separate
 
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 1        from amounts ordered to be paid as maintenance  or  child
 2        support   and   shall   be   deposited  into  a  Separate
 3        Maintenance and Child Support Collection Fund,  of  which
 4        the  clerk shall be the custodian, ex-officio, to be used
 5        by the clerk to maintain child support orders and  record
 6        all  payments  issued  by the State Disbursement Unit for
 7        the official record of the Court. The clerk  may  recover
 8        from  the  person making the maintenance or child support
 9        payment  any additional cost incurred in  the  collection
10        of this annual fee.
11             The  clerk shall also be entitled to a fee of $5 for
12        certifications made to the Secretary of State as provided
13        in Section 7-703 of the Family  Financial  Responsibility
14        Law  and  these  fees  shall  also  be deposited into the
15        Separate Maintenance and Child Support Collection Fund.
16    (cc)  Corrections of Numbers.
17             For correction of the case number,  case  title,  or
18        attorney  computer  identification number, if required by
19        rule of court, on  any  document  filed  in  the  clerk's
20        office,  to  be  charged against the party that filed the
21        document, $15.
22    (dd)  Exceptions.
23             (1)  The fee requirements of this Section shall  not
24        apply  to  police  departments  or  other law enforcement
25        agencies.  In  this  Section,  "law  enforcement  agency"
26        means  an  agency  of  the  State  or  a  unit  of  local
27        government  which  is vested by law or ordinance with the
28        duty to maintain public order  and  to  enforce  criminal
29        laws  or ordinances.  "Law enforcement agency" also means
30        the Attorney General or any state's attorney.
31             (2)  No fee provided herein shall be charged to  any
32        unit of local government or school district.
33             (3)  The  fee requirements of this Section shall not
34        apply to any action instituted under  subsection  (b)  of
 
HB1829 Enrolled            -13-                LRB9205211REtm
 1        Section  11-31-1  of  the  Illinois  Municipal  Code by a
 2        private owner or tenant of real property within 1200 feet
 3        of a  dangerous  or  unsafe  building  seeking  an  order
 4        compelling  the  owner  or owners of the building to take
 5        any of the actions authorized under that subsection.
 6    (ee)  Adoptions.
 7             (1)  For an adoption.............................$65
 8             (2)  Upon good cause shown, the court may waive  the
 9        adoption  filing  fee  in  a special needs adoption.  The
10        term "special needs  adoption"  shall  have  the  meaning
11        ascribed to it by the Illinois Department of Children and
12        Family Services.
13    (ff)  Adoption exemptions.
14             No  fee other than that set forth in subsection (ee)
15        shall be charged to any  person  in  connection  with  an
16        adoption proceeding.
17    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
18    92-16, eff. 6-28-01.)

19        (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
20        Sec. 27.2.  The fees of the clerks of the  circuit  court
21    in  all  counties  having  a  population in excess of 500,000
22    650,000 inhabitants but less than  3,000,000  inhabitants  in
23    the  instances described in this Section shall be as provided
24    in this Section. In  those  instances  where  a  minimum  and
25    maximum  fee  is  stated,  counties  with  more  than 500,000
26    inhabitants but less than 3,000,000 inhabitants  must  charge
27    the  minimum  fee listed in this Section and may charge up to
28    the maximum  fee  if  the  county  board  has  by  resolution
29    increased  the  fee. In addition, the minimum fees authorized
30    provided in this Section shall apply to all  units  of  local
31    government  and  school  districts in counties with more than
32    3,000,000 inhabitants.  The fees shall be paid in advance and
33    shall be as follows:
 
HB1829 Enrolled            -14-                LRB9205211REtm
 1    (a)  Civil Cases.
 2             The fee for filing a complaint, petition,  or  other
 3        pleading  initiating  a  civil action, with the following
 4        exceptions, shall be a minimum of $150 and a  maximum  of
 5        $190.
 6                  (A)  When the amount of money or damages or the
 7             value  of  personal property claimed does not exceed
 8             $250, a minimum of $10 and a maximum of $15.
 9                  (B)  When that amount exceeds $250 but does not
10             exceed $1,000 $500, a minimum of $20 and  a  maximum
11             of $40.
12                  (C)  When  that  amount exceeds $1,000 $500 but
13             does not exceed  $2500,  a  minimum  of  $30  and  a
14             maximum of $50.
15                  (D)  When  that  amount  exceeds $2500 but does
16             not exceed $5,000 $15,000, a minimum of  $75  and  a
17             maximum of $100.
18                  (D-5)  When  the amount exceeds $5,000 but does
19             not exceed $15,000, a minimum of $75 and  a  maximum
20             of $150.
21                  (E)  For  the exercise of eminent domain, $150.
22             For each additional lot or tract of land or right or
23             interest  therein  subject  to  be  condemned,   the
24             damages  in  respect to which shall require separate
25             assessment by a jury, $150.
26    (b)  Forcible Entry and Detainer.
27             In each forcible entry and detainer  case  when  the
28        plaintiff seeks possession only or unites with his or her
29        claim  for possession of the property a claim for rent or
30        damages or both in the  amount  of  $15,000  or  less,  a
31        minimum  of  $40 and a maximum of $75. When the plaintiff
32        unites his or her claim for possession with a  claim  for
33        rent  or  damages or both exceeding $15,000, a minimum of
34        $150 and a maximum of $225.
 
HB1829 Enrolled            -15-                LRB9205211REtm
 1    (c)  Counterclaim or Joining Third Party Defendant.
 2             When any defendant files a counterclaim as  part  of
 3        his  or her answer or otherwise or joins another party as
 4        a third party defendant, or both, the defendant shall pay
 5        a fee for each counterclaim or third party action  in  an
 6        amount  equal  to the fee he or she would have had to pay
 7        had he or she brought a separate action  for  the  relief
 8        sought  in  the  counterclaim  or against the third party
 9        defendant, less the amount of the appearance fee, if that
10        has been paid.
11    (d)  Confession of Judgment.
12             In a confession of judgment when the amount does not
13        exceed $1500, a minimum of $50  and  a  maximum  of  $60.
14        When the amount exceeds $1500, but does not exceed $5,000
15        $15,000,  $75  $115.  When the amount exceeds $5,000, but
16        does not exceed $15,000, $175. When  the  amount  exceeds
17        $15,000, a minimum of $200 and a maximum of $250.
18    (e)  Appearance.
19             The  fee for filing an appearance in each civil case
20        shall be a minimum of $50 and a maximum of $75, except as
21        follows:
22                  (A)  When the plaintiff in a forcible entry and
23             detainer case seeks possession only, a  minimum  of;
24             $20 and a maximum of $40.
25                  (B)  When  the  amount  in  the  case  does not
26             exceed $1500, a minimum of $20 and a maximum of $40.
27                  (C)  When the that amount in the  case  exceeds
28             $1500  but does not exceed $15,000, a minimum of $40
29             and a maximum of $60.
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, a minimum of $10 and a maximum of $15;  when  the
34        amount  exceeds  $1,000  but  does  not  exceed $5,000, a
 
HB1829 Enrolled            -16-                LRB9205211REtm
 1        minimum of $20 and a maximum of $30; and when the  amount
 2        exceeds $5,000, a minimum of $30 and a maximum of $50.
 3    (g)  Petition to Vacate or Modify.
 4             (1)  Petition to vacate or modify any final judgment
 5        or  order of court, except in forcible entry and detainer
 6        cases and small claims cases or a petition to  reopen  an
 7        estate,  to  modify,  terminate, or enforce a judgment or
 8        order  for  child  or  spousal  support,  or  to  modify,
 9        suspend, or terminate an order for withholding, if  filed
10        before  30 days after the entry of the judgment or order,
11        a minimum of $40 and a maximum of $50.
12             (2)  Petition to vacate or modify any final judgment
13        or  order  of  court,  except  a  petition   to   modify,
14        terminate,  or  enforce  a judgment or order for child or
15        spousal support or to modify, suspend,  or  terminate  an
16        order  for withholding, if filed later than 30 days after
17        the entry of the judgment or order, a minimum of $60  and
18        a maximum of $75.
19             (3)  Petition  to vacate order of bond forfeiture, a
20        minimum of $20 and a maximum of $40.
21    (h)  Mailing.
22             When the clerk is required to mail, the fee will  be
23        a  minimum  of  $6 and a maximum of $10, plus the cost of
24        postage.
25    (i)  Certified Copies.
26             Each certified copy of a judgment after  the  first,
27        except  in  small  claims and forcible entry and detainer
28        cases, a minimum of $10 and a maximum of $15.
29    (j)  Habeas Corpus.
30             For filing a petition for relief by habeas corpus, a
31        minimum of $80 and a maximum of $125.
32    (k)  Certification, Authentication, and Reproduction.
33             (1)  Each certification or authentication for taking
34        the acknowledgment of  a  deed  or  other  instrument  in
 
HB1829 Enrolled            -17-                LRB9205211REtm
 1        writing  with  the  seal of office, a minimum of $4 and a
 2        maximum of $6.
 3             (2)  Court  appeals  when  original  documents   are
 4        forwarded,  under  100  pages, plus delivery and costs, a
 5        minimum of $50 and a maximum of $75.
 6             (3)  Court  appeals  when  original  documents   are
 7        forwarded,  over  100  pages,  plus delivery and costs, a
 8        minimum of $120 and a maximum of $150.
 9             (4)  Court  appeals  when  original  documents   are
10        forwarded, over 200 pages, an additional fee of a minimum
11        of 20 and a maximum of 25 cents 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. The
22        Clerk  shall not charge any new or additional fee for the
23        reinstatement. Upon reinstatement the Clerk shall  advise
24        the parties of the reinstatement.  A party shall have the
25        same right to a jury trial on remand and reinstatement as
26        he or she had before the appeal, and no additional or new
27        fee  or  charge  shall  be  made  for  a jury trial after
28        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 a minimum of $4 and a  maximum  of  $6  for
33        each year searched.
34    (n)  Hard Copy.
 
HB1829 Enrolled            -18-                LRB9205211REtm
 1             For  each  page of hard copy print output, when case
 2        records are maintained on an automated medium, the  clerk
 3        shall  be  entitled  to  a  fee  of a minimum of $4 and a
 4        maximum 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, a minimum of
19        $25 and a maximum of $50.
20    (q)  Alias Summons.
21             For each alias summons or  citation  issued  by  the
22        clerk, a minimum of $4 and a maximum of $5.
23    (r)  Other Fees.
24             Any fees not covered in this Section shall be set by
25        rule  or  administrative  order of the Circuit Court with
26        the approval of the Administrative Office of the Illinois
27        Courts.
28             The  clerk  of  the  circuit   court   may   provide
29        additional  services  for which there is no fee specified
30        by statute  in  connection  with  the  operation  of  the
31        clerk's  office  as  may  be  requested by the public and
32        agreed to by the clerk and approved by the chief judge of
33        the circuit court.  Any charges for  additional  services
34        shall  be  as  agreed  to between the clerk and the party
 
HB1829 Enrolled            -19-                LRB9205211REtm
 1        making the request and approved by the chief judge of the
 2        circuit court.   Nothing  in  this  subsection  shall  be
 3        construed to require any clerk to provide any service not
 4        otherwise required by law.
 5    (s)  Jury Services.
 6             The  clerk shall be entitled to receive, in addition
 7        to other fees allowed by law, the sum  of  a  minimum  of
 8        $192.50  and  a  maximum  of  $212.50,  as  a fee for the
 9        services  of  a  jury   in   every   civil   action   not
10        quasi-criminal in its nature and not a proceeding for the
11        exercise  of  the  right  of  eminent domain and in every
12        other action wherein the right of trial by jury is or may
13        be given by law.  The jury fee shall be paid by the party
14        demanding a jury at the time of filing the  jury  demand.
15        If  the fee is not paid by either party, no jury shall be
16        called in the action or proceeding, and the same shall be
17        tried by the court without a jury.
18    (t)  Voluntary Assignment.
19             For filing each  deed  of  voluntary  assignment,  a
20        minimum  of  $10  and a maximum of $20; for recording the
21        same, a minimum of 25¢ and a maximum of 50¢ for each  100
22        words.    Exceptions  filed  to  claims  presented  to an
23        assignee of a debtor who has made a voluntary  assignment
24        for  the  benefit  of  creditors  shall be considered and
25        treated, for the purpose  of  taxing  costs  therein,  as
26        actions   in  which  the  party  or  parties  filing  the
27        exceptions  shall  be  considered  as  party  or  parties
28        plaintiff, and the claimant  or  claimants  as  party  or
29        parties  defendant,  and those parties respectively shall
30        pay to the clerk  the  same  fees  as  provided  by  this
31        Section to be paid in other actions.
32    (u)  Expungement Petition.
33             The  clerk  shall  be entitled to receive a fee of a
34        minimum of $30 and a maximum of $60 for each  expungement
 
HB1829 Enrolled            -20-                LRB9205211REtm
 1        petition  filed  and an additional fee of a minimum of $2
 2        and a maximum of $4 for  each certified copy of an  order
 3        to expunge arrest records.
 4    (v)  Probate.
 5        The  clerk  is  entitled to receive the fees specified in
 6    this subsection (v), which shall be paid in  advance,  except
 7    that, for good cause shown, the court may suspend, reduce, or
 8    release the costs payable under this subsection:
 9             (1)  For  administration of the estate of a decedent
10        (whether testate or intestate) or of a missing person,  a
11        minimum  of  $100  and  a  maximum of $150, plus the fees
12        specified in subsection (v)(3), except:
13                  (A)  When the value of the  real  and  personal
14             property does not exceed $15,000, the fee shall be a
15             minimum of $25 and a maximum of $40.
16                  (B)  When  (i) proof of heirship alone is made,
17             (ii) a domestic  or  foreign  will  is  admitted  to
18             probate  without  administration (including proof of
19             heirship), or (iii) letters of office are issued for
20             a particular purpose without administration  of  the
21             estate,  the  fee  shall  be  a minimum of $25 and a
22             maximum of $40.
23             (2)  For administration of the estate of a  ward,  a
24        minimum  of  $50  and  a  maximum  of  $75, plus the fees
25        specified in subsection (v)(3), except:
26                  (A)  When the value of the  real  and  personal
27             property does not exceed $15,000, the fee shall be a
28             minimum of $25 and a maximum of $40.
29                  (B)  When (i) letters of office are issued to a
30             guardian  of  the  person or persons, but not of the
31             estate or (ii) letters of office are issued  in  the
32             estate  of  a  ward  without  administration  of the
33             estate, including filing or joining in the filing of
34             a tax return or releasing a mortgage  or  consenting
 
HB1829 Enrolled            -21-                LRB9205211REtm
 1             to  the  marriage  of  the  ward, the fee shall be a
 2             minimum of $10 and a maximum of $20.
 3             (3)  In  addition  to   the   fees   payable   under
 4        subsection   (v)(1)   or  (v)(2)  of  this  Section,  the
 5        following fees are payable:
 6                  (A)  For each account  (other  than  one  final
 7             account) filed in the estate of a decedent, or ward,
 8             a minimum of $15 and a maximum of $25.
 9                  (B)  For  filing  a claim in an estate when the
10             amount claimed is $150 or more but less than $500, a
11             minimum of $10 and a maximum of $20; when the amount
12             claimed is $500 or more but  less  than  $10,000,  a
13             minimum of $25 and a maximum of $40; when the amount
14             claimed  is  $10,000 or more, a minimum of $40 and a
15             maximum of $60; provided that the court in  allowing
16             a claim may add to the amount allowed the filing fee
17             paid by the claimant.
18                  (C)  For filing in an estate a claim, petition,
19             or  supplemental  proceeding   based  upon an action
20             seeking equitable relief including the  construction
21             or  contest  of a will, enforcement of a contract to
22             make a will, and proceedings involving  testamentary
23             trusts  or the appointment of testamentary trustees,
24             a minimum of $40 and a maximum of $60.
25                  (D)  For filing in an estate (i) the appearance
26             of any person for the purpose of consent or (ii) the
27             appearance   of    an    executor,    administrator,
28             administrator  to  collect,  guardian,  guardian  ad
29             litem, or special administrator, no fee.
30                  (E)  Except    as    provided   in   subsection
31             (v)(3)(D), for filing the appearance of  any  person
32             or persons, a minimum of $10 and a maximum of $30.
33                  (F)  For each jury demand, a minimum of $102.50
34             and a maximum of $137.50.
 
HB1829 Enrolled            -22-                LRB9205211REtm
 1                  (G)  For  disposition  of  the  collection of a
 2             judgment or settlement of an  action  or  claim  for
 3             wrongful  death  of  a  decedent  or of any cause of
 4             action  of  a  ward,  when   there   is   no   other
 5             administration of the estate, a minimum of $30 and a
 6             maximum   of   $50,   less  any  amount  paid  under
 7             subsection (v)(1)(B) or (v)(2)(B) except that if the
 8             amount involved does not  exceed  $5,000,  the  fee,
 9             including any amount paid under subsection (v)(1)(B)
10             or  (v)(2)(B),  shall  be  a  minimum  of  $10 and a
11             maximum of $20.
12                  (H)  For each  certified  copy  of  letters  of
13             office,  of  court  order  or other certification, a
14             minimum of $1 and a maximum of $2, plus a minimum of
15             50¢ and a maximum of $1 per  page  in  excess  of  3
16             pages for the document certified.
17                  (I)  For  each exemplification, a minimum of $1
18             and a maximum of $2, plus the fee for certification.
19             (4)  The    executor,    administrator,    guardian,
20        petitioner, or other interested  person  or  his  or  her
21        attorney  shall  pay the cost of publication by the clerk
22        directly to the newspaper.
23             (5)  The person on whose behalf a charge is incurred
24        for  witness,  court  reporter,   appraiser,   or   other
25        miscellaneous  fee  shall  pay  the  same directly to the
26        person entitled thereto.
27             (6)  The    executor,    administrator,    guardian,
28        petitioner, or other interested person  or  his  attorney
29        shall  pay  to  the clerk all postage charges incurred by
30        the clerk in mailing petitions, orders, notices, or other
31        documents pursuant to the provisions of the  Probate  Act
32        of 1975.
33    (w)  Criminal and Quasi-Criminal Costs and Fees.
34             (1)  The  clerk  shall  be  entitled to costs in all
 
HB1829 Enrolled            -23-                LRB9205211REtm
 1        criminal  and  quasi-criminal  cases  from  each   person
 2        convicted or sentenced to supervision therein as follows:
 3                  (A)  Felony  complaints, a minimum of $80 and a
 4             maximum of $125.
 5                  (B)  Misdemeanor complaints, a minimum  of  $50
 6             and a maximum of $75.
 7                  (C)  Business  offense complaints, a minimum of
 8             $50 and a maximum of $75.
 9                  (D)  Petty offense complaints, a minimum of $50
10             and a maximum of $75.
11                  (E)  Minor  traffic  or  ordinance  violations,
12             $20.
13                  (F)  When court appearance required, $30.
14                  (G)  Motions to vacate or amend final orders, a
15             minimum of $20 and a maximum of $40.
16                  (H)  Motions to vacate bond forfeiture  orders,
17             a minimum of $20 and a maximum of $30.
18                  (I)  Motions  to  vacate  ex  parte  judgments,
19             whenever  filed,  a  minimum of $20 and a maximum of
20             $30.
21                  (J)  Motions to vacate judgment on forfeitures,
22             whenever filed, a minimum of $20 and  a  maximum  of
23             $25.
24                  (K)  Motions  to  vacate "failure to appear" or
25             "failure to comply" notices sent to the Secretary of
26             State, a minimum of $20 and a maximum of $40.
27             (2)  In counties having a population  of  more  than
28        500,000  650,000  but  fewer  than 3,000,000 inhabitants,
29        when the violation complaint is  issued  by  a  municipal
30        police  department,  the clerk shall be entitled to costs
31        from each person convicted therein as follows:
32                  (A)  Minor  traffic  or  ordinance  violations,
33             $10.
34                  (B)  When court appearance required, $15.
 
HB1829 Enrolled            -24-                LRB9205211REtm
 1             (3)  In ordinance violation cases punishable by fine
 2        only, the clerk of the circuit court shall be entitled to
 3        receive, unless the fee is excused upon a finding by  the
 4        court  that  the  defendant  is  indigent, in addition to
 5        other fees or costs allowed or imposed by law, the sum of
 6        a minimum of $50 and a maximum of $112.50 as  a  fee  for
 7        the  services  of  a jury.  The jury fee shall be paid by
 8        the defendant at the time  of  filing  his  or  her  jury
 9        demand.   If  the fee is not so paid by the defendant, no
10        jury shall be called, and the case shall be tried by  the
11        court without a jury.
12    (x)  Transcripts of Judgment.
13             For  the  filing  of  a  transcript of judgment, the
14        clerk shall be entitled to the same fee as if it were the
15        commencement of new suit.
16    (y)  Change of Venue.
17             (1)  For the filing of a change of case on a  change
18        of  venue, the clerk shall be entitled to the same fee as
19        if it were the commencement of a new suit.
20             (2)  The fee for the preparation  and  certification
21        of a record on a change of venue to another jurisdiction,
22        when  original  documents are forwarded, a minimum of $25
23        and a maximum of $40.
24    (z)  Tax objection complaints.
25             For each tax objection complaint containing  one  or
26        more  tax objections, regardless of the number of parcels
27        involved or  the  number  of  taxpayers  joining  in  the
28        complaint, a minimum of $25 and a maximum of $50.
29    (aa)  Tax Deeds.
30             (1)  Petition  for  tax  deed, if only one parcel is
31        involved, a minimum of $150 and a maximum of $250.
32             (2)  For each additional parcel,  add  a  fee  of  a
33        minimum of $50 and a maximum of $100.
34    (bb)  Collections.
 
HB1829 Enrolled            -25-                LRB9205211REtm
 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 a minimum of 2.5% and a
 4        maximum of 3.0% of the amount 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 maintaining child support records  and
15        the processing of support orders to the State of Illinois
16        KIDS  system  and the recording of payments issued by the
17        State Disbursement Unit for the official  record  of  the
18        Court. This fee shall be in addition to and separate from
19        amounts  ordered  to  be  paid  as  maintenance  or child
20        support  and  shall  be   deposited   into   a   Separate
21        Maintenance  and  Child Support Collection Fund, of which
22        the clerk shall be the custodian, ex-officio, to be  used
23        by  the clerk to maintain child support orders and record
24        all payments issued by the State  Disbursement  Unit  for
25        the  official  record of the Court. The clerk may recover
26        from the person making the maintenance or  child  support
27        payment any additional cost incurred in the collection of
28        this annual fee.
29             The  clerk shall also be entitled to a fee of $5 for
30        certifications made to the Secretary of State as provided
31        in Section 7-703 of the Family  Financial  Responsibility
32        Law  and  these  fees  shall  also  be deposited into the
33        Separate Maintenance and Child Support Collection Fund.
34    (cc)  Corrections of Numbers.
 
HB1829 Enrolled            -26-                LRB9205211REtm
 1             For correction of the case number,  case  title,  or
 2        attorney  computer  identification number, if required by
 3        rule of court, on  any  document  filed  in  the  clerk's
 4        office,  to  be  charged against the party that filed the
 5        document, a minimum of $15 and a maximum of $25.
 6    (dd)  Exceptions.
 7             The fee requirements of this Section shall not apply
 8        to police departments or other law enforcement  agencies.
 9        In this Section, "law enforcement agency" means an agency
10        of  the  State  or  a  unit  of local government which is
11        vested by law or ordinance  with  the  duty  to  maintain
12        public  order and to enforce criminal laws or ordinances.
13        "Law enforcement agency" also means the Attorney  General
14        or  any  state's  attorney.  The fee requirements of this
15        Section shall not apply to any  action  instituted  under
16        subsection   (b)  of  Section  11-31-1  of  the  Illinois
17        Municipal Code by a  private  owner  or  tenant  of  real
18        property  within  1200  feet  of  a  dangerous  or unsafe
19        building seeking an order compelling the owner or  owners
20        of  the  building  to  take any of the actions authorized
21        under that subsection.
22    (ee)  Adoptions.
23             (1)  For an adoption.............................$65
24             (2)  Upon good cause shown, the court may waive  the
25        adoption  filing  fee  in  a special needs adoption.  The
26        term "special needs  adoption"  shall  have  the  meaning
27        ascribed to it by the Illinois Department of Children and
28        Family Services.
29    (ff)  Adoption exemptions.
30             No  fee other than that set forth in subsection (ee)
31        shall be charged to any  person  in  connection  with  an
32        adoption proceeding.
33    (Source: P.A.  91-321,  eff.  1-1-00;  91-612,  eff. 10-1-99;
34    92-16, eff. 6-28-01.)
 
HB1829 Enrolled            -27-                LRB9205211REtm
 1        (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
 2        Sec. 27.2a.  The fees of the clerks of the circuit  court
 3    in  all  counties  having  a  population of 3,000,000 or more
 4    inhabitants in the instances described in this Section  shall
 5    be  as  provided in this Section.  In those instances where a
 6    minimum and maximum fee is stated, the clerk of  the  circuit
 7    court must charge the minimum fee listed and may charge up to
 8    the  maximum  fee  if  the  county  board  has  by resolution
 9    increased the fee. The fees shall  be  paid  in  advance  and
10    shall be as follows:
11    (a)  Civil Cases.
12             The  fee  for filing a complaint, petition, or other
13        pleading initiating a civil action,  with  the  following
14        exceptions,  shall  be a minimum of $190 and a maximum of
15        $240.
16                  (A)  When the amount of money or damages or the
17             value of personal property claimed does  not  exceed
18             $250, a minimum of $15 and a maximum of $22.
19                  (B)  When that amount exceeds $250 but does not
20             exceed $1000, a minimum of $40 and a maximum of $75.
21                  (C)  When  that  amount  exceeds $1000 but does
22             not exceed $2500, a minimum of $50 and a maximum  of
23             $80.
24                  (D)  When  that  amount  exceeds $2500 but does
25             not exceed $5000, a minimum of $100 and a maximum of
26             $130.
27                  (E)  When that amount exceeds  $5000  but  does
28             not exceed $15,000, $150.
29                  (F)  For  the exercise of eminent domain, $150.
30             For each additional lot or tract of land or right or
31             interest  therein  subject  to  be  condemned,   the
32             damages  in  respect to which shall require separate
33             assessment by a jury, $150.
34                  (G)  For the final  determination  of  parking,
 
HB1829 Enrolled            -28-                LRB9205211REtm
 1             standing,   and   compliance  violations  and  final
 2             administrative  decisions  issued   after   hearings
 3             regarding  vehicle  immobilization  and  impoundment
 4             made  pursuant  to  Sections  3-704.1,  6-306.5, and
 5             11-208.3 of the Illinois Vehicle Code, $25.
 6    (b)  Forcible Entry and Detainer.
 7             In each forcible entry and detainer  case  when  the
 8        plaintiff seeks possession only or unites with his or her
 9        claim  for possession of the property a claim for rent or
10        damages or both in the  amount  of  $15,000  or  less,  a
11        minimum of $75 and a maximum of $140.  When the plaintiff
12        unites  his  or her claim for possession with a claim for
13        rent or damages or both exceeding $15,000, a  minimum  of
14        $225 and a maximum of $335.
15    (c)  Counterclaim or Joining Third Party Defendant.
16             When  any  defendant files a counterclaim as part of
17        his or her answer or otherwise or joins another party  as
18        a third party defendant, or both, the defendant shall pay
19        a  fee  for each counterclaim or third party action in an
20        amount equal to the fee he or she would have had  to  pay
21        had  he  or  she brought a separate action for the relief
22        sought in the counterclaim or  against  the  third  party
23        defendant, less the amount of the appearance fee, if that
24        has been paid.
25    (d)  Confession of Judgment.
26             In a confession of judgment when the amount does not
27        exceed  $1500,  a  minimum  of  $60 and a maximum of $70.
28        When the amount exceeds $1500, but does not exceed $5000,
29        a minimum of $75 and a maximum of $150. When  the  amount
30        exceeds  $5000, but does not exceed $15,000, a minimum of
31        $175 and a maximum  of  $260.  When  the  amount  exceeds
32        $15,000, a minimum of $250 and a maximum of $310.
33    (e)  Appearance.
34             The  fee for filing an appearance in each civil case
 
HB1829 Enrolled            -29-                LRB9205211REtm
 1        shall be a minimum of $75 and a maximum of  $110,  except
 2        as follows:
 3                  (A)  When the plaintiff in a forcible entry and
 4             detainer  case  seeks  possession only, a minimum of
 5             $40 and a maximum of $80.
 6                  (B)  When the  amount  in  the  case  does  not
 7             exceed $1500, a minimum of $40 and a maximum of $80.
 8                  (C)  When  that  amount  exceeds $1500 but does
 9             not exceed $15,000, a minimum of $60 and  a  maximum
10             of $90.
11    (f)  Garnishment, Wage Deduction, and Citation.
12             In  garnishment affidavit, wage deduction affidavit,
13        and citation petition when the  amount  does  not  exceed
14        $1,000,  a  minimum of $15 and a maximum of $25; when the
15        amount exceeds $1,000  but  does  not  exceed  $5,000,  a
16        minimum  of $30 and a maximum of $45; and when the amount
17        exceeds $5,000, a minimum of $50 and a maximum of $80.
18    (g)  Petition to Vacate or Modify.
19             (1)  Petition to vacate or modify any final judgment
20        or order of court, except in forcible entry and  detainer
21        cases  and  small claims cases or a petition to reopen an
22        estate, to modify, terminate, or enforce  a  judgment  or
23        order  for  child  or  spousal  support,  or  to  modify,
24        suspend,  or terminate an order for withholding, if filed
25        before 30 days after the entry of the judgment or  order,
26        a minimum of $50 and a maximum of $60.
27             (2)  Petition to vacate or modify any final judgment
28        or   order   of  court,  except  a  petition  to  modify,
29        terminate, or enforce a judgment or order  for  child  or
30        spousal  support  or  to modify, suspend, or terminate an
31        order for withholding, if filed later than 30 days  after
32        the  entry of the judgment or order, a minimum of $75 and
33        a maximum of $90.
34             (3)  Petition to vacate order of bond forfeiture,  a
 
HB1829 Enrolled            -30-                LRB9205211REtm
 1        minimum of $40 and a maximum of $80.
 2    (h)  Mailing.
 3             When  the clerk is required to mail, the fee will be
 4        a minimum of $10 and a maximum of $15, plus the  cost  of
 5        postage.
 6    (i)  Certified Copies.
 7             Each  certified  copy of a judgment after the first,
 8        except in small claims and forcible  entry  and  detainer
 9        cases, a minimum of $15 and a maximum of $20.
10    (j)  Habeas Corpus.
11             For filing a petition for relief by habeas corpus, a
12        minimum of $125 and a maximum of $190.
13    (k)  Certification, Authentication, and Reproduction.
14             (1)  Each certification or authentication for taking
15        the  acknowledgment  of  a  deed  or  other instrument in
16        writing with the seal of office, a minimum of  $6  and  a
17        maximum of $9.
18             (2)  Court   appeals  when  original  documents  are
19        forwarded, under 100 pages, plus delivery  and  costs,  a
20        minimum of $75 and a maximum of $110.
21             (3)  Court   appeals  when  original  documents  are
22        forwarded, over 100 pages, plus  delivery  and  costs,  a
23        minimum of $150 and a maximum of $185.
24             (4)  Court   appeals  when  original  documents  are
25        forwarded, over 200 pages, an additional fee of a minimum
26        of 25 and a maximum of 30 cents per page.
27             (5)  For reproduction of any document  contained  in
28        the clerk's files:
29                  (A)  First page, $2.
30                  (B)  Next 19 pages, 50 cents per page.
31                  (C)  All remaining pages, 25 cents per page.
32    (l)  Remands.
33             In any cases remanded to the Circuit Court  from the
34        Supreme Court or the Appellate Court for a new trial, the
 
HB1829 Enrolled            -31-                LRB9205211REtm
 1        clerk  shall  file  the remanding order and reinstate the
 2        case with either its original number  or  a  new  number.
 3        The  Clerk shall not charge any new or additional fee for
 4        the reinstatement.  Upon reinstatement  the  Clerk  shall
 5        advise  the  parties of the reinstatement.  A party shall
 6        have the same  right  to  a  jury  trial  on  remand  and
 7        reinstatement  as he or she had before the appeal, and no
 8        additional or new fee or charge shall be made for a  jury
 9        trial after remand.
10    (m)  Record Search.
11             For   each  record  search,  within  a  division  or
12        municipal district, the clerk  shall  be  entitled  to  a
13        search  fee  of  a  minimum of $6 and a maximum of $9 for
14        each year searched.
15    (n)  Hard Copy.
16             For each page of hard copy print output,  when  case
17        records  are maintained on an automated medium, the clerk
18        shall be entitled to a fee of  a  minimum  of  $6  and  a
19        maximum of $9.
20    (o)  Index Inquiry and Other Records.
21             No    fee    shall   be   charged   for   a   single
22        plaintiff/defendant index inquiry or single  case  record
23        inquiry  when  this  request  is  made  in person and the
24        records are maintained in a current automated medium, and
25        when no hard copy print output is requested.  The fees to
26        be charged for management records, multiple case records,
27        and multiple journal records  may  be  specified  by  the
28        Chief  Judge  pursuant  to  the guidelines for access and
29        dissemination of  information  approved  by  the  Supreme
30        Court.
31    (p)  Commitment Petitions.
32             For  filing  commitment  petitions  under the Mental
33        Health and Developmental Disabilities Code, a minimum  of
34        $50 and a maximum of $100.
 
HB1829 Enrolled            -32-                LRB9205211REtm
 1    (q)  Alias Summons.
 2             For  each  alias  summons  or citation issued by the
 3        clerk, a minimum of $5 and a maximum of $6.
 4    (r)  Other Fees.
 5             Any fees not covered in this Section shall be set by
 6        rule or administrative order of the  Circuit  Court  with
 7        the approval of the Administrative Office of the Illinois
 8        Courts.
 9             The   clerk   of   the  circuit  court  may  provide
10        additional services for which there is no  fee  specified
11        by  statute  in  connection  with  the  operation  of the
12        clerk's office as may be  requested  by  the  public  and
13        agreed to by the clerk and approved by the chief judge of
14        the  circuit  court.  Any charges for additional services
15        shall be as agreed to between the  clerk  and  the  party
16        making the request and approved by the chief judge of the
17        circuit  court.   Nothing  in  this  subsection  shall be
18        construed to require any clerk to provide any service not
19        otherwise required by law.
20    (s)  Jury Services.
21             The clerk shall be entitled to receive, in  addition
22        to  other  fees  allowed  by law, the sum of a minimum of
23        $212.50 and maximum of $230, as a fee for the services of
24        a jury in every civil action not  quasi-criminal  in  its
25        nature and not a proceeding for the exercise of the right
26        of  eminent  domain and in every other action wherein the
27        right of trial by jury is or may be given  by  law.   The
28        jury  fee  shall be paid by the party demanding a jury at
29        the time of filing the jury demand.  If the  fee  is  not
30        paid  by  either  party,  no  jury shall be called in the
31        action or proceeding, and the same shall be tried by  the
32        court without a jury.
33    (t)  Voluntary Assignment.
34             For  filing  each  deed  of  voluntary assignment, a
 
HB1829 Enrolled            -33-                LRB9205211REtm
 1        minimum of $20 and a maximum of $40;  for  recording  the
 2        same,  a  minimum  of 50¢ and a maximum of $0.80 for each
 3        100 words. Exceptions filed to  claims  presented  to  an
 4        assignee  of a debtor who has made a voluntary assignment
 5        for the benefit of  creditors  shall  be  considered  and
 6        treated,  for  the  purpose  of  taxing costs therein, as
 7        actions  in  which  the  party  or  parties  filing   the
 8        exceptions  shall  be  considered  as  party  or  parties
 9        plaintiff,  and  the  claimant  or  claimants as party or
10        parties defendant, and those parties  respectively  shall
11        pay  to  the  clerk  the  same  fees  as provided by this
12        Section to be paid in other actions.
13    (u)  Expungement Petition.
14             The clerk shall be entitled to receive a  fee  of  a
15        minimum of $60 and a maximum of $120 for each expungement
16        petition  filed  and an additional fee of a minimum of $4
17        and a maximum of $8 for  each certified copy of an  order
18        to expunge arrest records.
19    (v)  Probate.
20        The  clerk  is  entitled to receive the fees specified in
21    this subsection (v), which shall be paid in  advance,  except
22    that, for good cause shown, the court may suspend, reduce, or
23    release the costs payable under this subsection:
24             (1)  For  administration of the estate of a decedent
25        (whether testate or intestate) or of a missing person,  a
26        minimum  of  $150  and  a  maximum of $225, plus the fees
27        specified in subsection (v)(3), except:
28                  (A)  When the value of the  real  and  personal
29             property does not exceed $15,000, the fee shall be a
30             minimum of $40 and a maximum of $65.
31                  (B)  When  (i) proof of heirship alone is made,
32             (ii) a domestic  or  foreign  will  is  admitted  to
33             probate  without  administration (including proof of
34             heirship), or (iii) letters of office are issued for
 
HB1829 Enrolled            -34-                LRB9205211REtm
 1             a particular purpose without administration  of  the
 2             estate,  the  fee  shall  be  a minimum of $40 and a
 3             maximum of $65.
 4             (2)  For administration of the estate of a  ward,  a
 5        minimum  of  $75  and  a  maximum  of $110, plus the fees
 6        specified in subsection (v)(3), except:
 7                  (A)  When the value of the  real  and  personal
 8             property does not exceed $15,000, the fee shall be a
 9             minimum of $40 and a maximum of $65.
10                  (B)  When (i) letters of office are issued to a
11             guardian  of  the  person or persons, but not of the
12             estate or (ii) letters of office are issued  in  the
13             estate  of  a  ward  without  administration  of the
14             estate, including filing or joining in the filing of
15             a tax return or releasing a mortgage  or  consenting
16             to  the  marriage  of  the  ward, the fee shall be a
17             minimum of $20 and a maximum of $40.
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             a minimum of $25 and a maximum of $40.
24                  (B)  For  filing  a claim in an estate when the
25             amount claimed is $150 or more but less than $500, a
26             minimum of $20 and a maximum of $40; when the amount
27             claimed is $500 or more but  less  than  $10,000,  a
28             minimum of $40 and a maximum of $65; when the amount
29             claimed  is  $10,000 or more, a minimum of $60 and a
30             maximum of $90; provided that the court in  allowing
31             a claim may add to the amount allowed the filing fee
32             paid by the claimant.
33                  (C)  For filing in an estate a claim, petition,
34             or  supplemental  proceeding  based  upon  an action
 
HB1829 Enrolled            -35-                LRB9205211REtm
 1             seeking equitable relief including the  construction
 2             or  contest  of a will, enforcement of a contract to
 3             make a will, and proceedings involving  testamentary
 4             trusts  or the appointment of testamentary trustees,
 5             a minimum of $60 and a maximum of $90.
 6                  (D)  For filing in an estate (i) the appearance
 7             of any person for the purpose of consent or (ii) the
 8             appearance   of    an    executor,    administrator,
 9             administrator  to  collect,  guardian,  guardian  ad
10             litem, or special administrator, no fee.
11                  (E)  Except    as    provided   in   subsection
12             (v)(3)(D), for filing the appearance of  any  person
13             or persons, a minimum of $30 and a maximum of $90.
14                  (F)  For each jury demand, a minimum of $137.50
15             and a maximum of $180.
16                  (G)  For  disposition  of  the  collection of a
17             judgment or settlement of an  action  or  claim  for
18             wrongful  death  of  a  decedent  or of any cause of
19             action  of  a  ward,  when   there   is   no   other
20             administration of the estate, a minimum of $50 and a
21             maximum   of   $80,   less  any  amount  paid  under
22             subsection (v)(1)(B) or (v)(2)(B) except that if the
23             amount involved does not  exceed  $5,000,  the  fee,
24             including any amount paid under subsection (v)(1)(B)
25             or  (v)(2)(B),  shall  be  a  minimum  of  $20 and a
26             maximum of $40.
27                  (H)  For each  certified  copy  of  letters  of
28             office,  of  court  order  or other certification, a
29             minimum of $2 and a maximum of $4, plus $1 per  page
30             in excess of 3 pages for the document certified.
31                  (I)  For each exemplification, $2, plus the fee
32             for certification.
33             (4)  The    executor,    administrator,    guardian,
34        petitioner,  or  other  interested  person  or his or her
 
HB1829 Enrolled            -36-                LRB9205211REtm
 1        attorney shall pay the cost of publication by  the  clerk
 2        directly to the newspaper.
 3             (5)  The person on whose behalf a charge is incurred
 4        for   witness,   court   reporter,  appraiser,  or  other
 5        miscellaneous fee shall pay  the  same  directly  to  the
 6        person entitled thereto.
 7             (6)  The    executor,    administrator,    guardian,
 8        petitioner,  or  other  interested  person  or his or her
 9        attorney shall pay  to  the  clerk  all  postage  charges
10        incurred  by  the  clerk  in  mailing  petitions, orders,
11        notices, or other documents pursuant to the provisions of
12        the Probate Act of 1975.
13    (w)  Criminal and Quasi-Criminal Costs and Fees.
14             (1)  The clerk shall be entitled  to  costs  in  all
15        criminal   and  quasi-criminal  cases  from  each  person
16        convicted or sentenced to supervision therein as follows:
17                  (A)  Felony complaints, a minimum of $125 and a
18             maximum of $190.
19                  (B)  Misdemeanor complaints, a minimum  of  $75
20             and a maximum of $110.
21                  (C)  Business  offense complaints, a minimum of
22             $75 and a maximum of $110.
23                  (D)  Petty offense complaints, a minimum of $75
24             and a maximum of $110.
25                  (E)  Minor  traffic  or  ordinance  violations,
26             $30.
27                  (F)  When court appearance required, $50.
28                  (G)  Motions to vacate or amend final orders, a
29             minimum of $40 and a maximum of $80.
30                  (H)  Motions to vacate bond forfeiture  orders,
31             a minimum of $30 and a maximum of $45.
32                  (I)  Motions  to  vacate  ex  parte  judgments,
33             whenever  filed,  a  minimum of $30 and a maximum of
34             $45.
 
HB1829 Enrolled            -37-                LRB9205211REtm
 1                  (J)  Motions to vacate judgment on forfeitures,
 2             whenever filed, a minimum of $25 and  a  maximum  of
 3             $30.
 4                  (K)  Motions  to  vacate "failure to appear" or
 5             "failure to comply" notices sent to the Secretary of
 6             State, a minimum of $40 and a maximum of $50.
 7             (2)  In counties having a population of 3,000,000 or
 8        more,  when  the  violation  complaint  is  issued  by  a
 9        municipal police department, the clerk shall be  entitled
10        to costs from each person convicted therein as follows:
11                  (A)  Minor  traffic  or  ordinance  violations,
12             $30.
13                  (B)  When court appearance required, $50.
14             (3)  In ordinance violation cases punishable by fine
15        only, the clerk of the circuit court shall be entitled to
16        receive,  unless the fee is excused upon a finding by the
17        court that the defendant  is  indigent,  in  addition  to
18        other fees or costs allowed or imposed by law, the sum of
19        a  minimum  of $112.50 and a maximum of $250 as a fee for
20        the services of a jury.  The jury fee shall  be  paid  by
21        the  defendant  at  the  time  of  filing his or her jury
22        demand.  If the fee is not so paid by the  defendant,  no
23        jury  shall be called, and the case shall be tried by the
24        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 a 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,
 
HB1829 Enrolled            -38-                LRB9205211REtm
 1        when original documents are forwarded, a minimum  of  $40
 2        and a maximum of $65.
 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, a minimum of $50 and a maximum of $100.
 8    (aa)  Tax Deeds.
 9             (1)  Petition for tax deed, if only  one  parcel  is
10        involved, a minimum of $250 and a maximum of $400.
11             (2)  For  each  additional  parcel,  add  a fee of a
12        minimum of $100 and a maximum of $200.
13    (bb)  Collections.
14             (1)  For all collections made of others, except  the
15        State  and  county  and  except  in  maintenance or child
16        support  cases,  a  sum  equal  to  3.0%  of  the  amount
17        collected and turned over.
18             (2)  Interest earned on any funds held by the  clerk
19        shall  be  turned  over  to the county general fund as an
20        earning of the office.
21             (3)  For any check, draft, or other bank  instrument
22        returned  to  the clerk for non-sufficient funds, account
23        closed, or payment stopped, $25.
24             (4)  In child support  and  maintenance  cases,  the
25        clerk, if authorized by an ordinance of the county board,
26        may  collect  an  annual fee of up to $36 from the person
27        making payment for maintaining child support records  and
28        the processing of support orders to the State of Illinois
29        KIDS  system  and the recording of payments issued by the
30        State Disbursement Unit for the official  record  of  the
31        Court.   This  fee  shall  be in addition to and separate
32        from amounts ordered to be paid as maintenance  or  child
33        support   and   shall   be   deposited  into  a  Separate
34        Maintenance and Child Support Collection Fund,  of  which
 
HB1829 Enrolled            -39-                LRB9205211REtm
 1        the  clerk shall be the custodian, ex-officio, to be used
 2        by the clerk to maintain child support orders and  record
 3        all  payments  issued  by the State Disbursement Unit for
 4        the official record of the Court.  The clerk may  recover
 5        from  the  person making the maintenance or child support
 6        payment any additional cost incurred in the collection of
 7        this annual fee.
 8             The clerk shall also be entitled to a fee of $5  for
 9        certifications made to the Secretary of State as provided
10        in  Section  7-703 of the Family Financial Responsibility
11        Law and these fees  shall  also  be  deposited  into  the
12        Separate Maintenance and Child Support Collection Fund.
13    (cc)  Corrections of Numbers.
14             For  correction  of  the case number, case title, or
15        attorney computer identification number, if  required  by
16        rule  of  court,  on  any  document  filed in the clerk's
17        office, to be charged against the party  that  filed  the
18        document, a minimum of $25 and a maximum of $40.
19    (dd)  Exceptions.
20             (1)  The  fee requirements of this Section shall not
21        apply to police  departments  or  other  law  enforcement
22        agencies.   In  this  Section,  "law  enforcement agency"
23        means  an  agency  of  the  State  or  a  unit  of  local
24        government which is vested by law or ordinance  with  the
25        duty  to  maintain  public  order and to enforce criminal
26        laws or ordinances.  "Law enforcement agency" also  means
27        the Attorney General or any state's attorney.
28             (2)  No  fee provided herein shall be charged to any
29        unit of local government  or  school  district.  The  fee
30        requirements  of  this  Section  shall  not  apply to any
31        action instituted under subsection (b) of Section 11-31-1
32        of the Illinois Municipal Code  by  a  private  owner  or
33        tenant  of  real property within 1200 feet of a dangerous
34        or unsafe building seeking an order compelling the  owner
 
HB1829 Enrolled            -40-                LRB9205211REtm
 1        or  owners  of  the  building  to take any of the actions
 2        authorized under that subsection.
 3    (ee)  Adoption.
 4             (1)  For an adoption.............................$65
 5             (2)  Upon good cause shown, the court may waive  the
 6        adoption  filing  fee  in  a special needs adoption.  The
 7        term "special needs  adoption"  shall  have  the  meaning
 8        ascribed to it by the Illinois Department of Children and
 9        Family Services.
10    (ff)  Adoption exemptions.
11             No  fee other than that set forth in subsection (ee)
12        shall be charged to any  person  in  connection  with  an
13        adoption proceeding.
14    (Source: P.A.  90-466,  eff.  8-17-97; 90-796, eff. 12-15-98;
15    91-321, eff.  1-1-00;  91-612,  eff.  10-1-99;  91-821,  eff.
16    6-13-00.)

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