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91_HB1939
LRB9104172DJcd
1 AN ACT to amend the Clerks of Courts Act by changing
2 Section 16 and adding Section 16.5.
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 Section 16 and adding Section 16.5 as follows:
7 (705 ILCS 105/16) (from Ch. 25, par. 16)
8 Sec. 16. Records kept by the clerks of the circuit
9 courts are subject to the provisions of "The Local Records
10 Act", approved August 18, 1961, as amended.
11 Unless otherwise provided by rule or administrative order
12 of the Supreme Court, and except as provided in Section 16.5,
13 the respective clerks of the circuit courts shall keep in
14 their offices the following books:
15 1. A general docket, upon which shall be entered all
16 suits, in the order in which they are commenced.
17 2. Two well-bound books, to be denominated "Plaintiff's
18 Index to Court Records," and "Defendant's Index to Court
19 Records" to be ruled and printed substantially in the
20 following manner:
21 .............................................................
22 Plaintiffs Defendants Kind of Date Record Pages
23 Action Commenced Book
24 .............................................................
25 .............................................................
26 .............................................................
27 Date of Judgment
28 judgment docket
29 .............................................................
30 Book Page
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1 .............................................................
2 Certificate Satisfied
3 Certificate Certificate of or not Number
4 of levy of sale redemption satisfied of case
5 .............................................................
6 Fee Book Page Book Page Book Page
7 Book
8 .............................................................
9 All cases shall be entered in such books, in alphabetical
10 order, by the name of each plaintiff and defendant. The
11 books shall set forth the names of the parties, kind of
12 action, date commenced, the record books and pages on which
13 the cases are recorded, the date of judgment, books and pages
14 of the judgment dockets, fee book, certificates of levy, sale
15 and redemption records on which they are entered satisfied or
16 not satisfied, and number of case. The defendant's index
17 shall be ruled and printed in the same manner as the
18 plaintiff's except the parties shall be reversed.
19 3. Proper books of record, with indices, showing the
20 names of all parties to any action or judgment therein
21 recorded, with a reference to the page where it is recorded.
22 4. A judgment docket, in which all final judgments
23 (except child support orders as hereinafter provided) shall
24 be minuted at the time they are entered, or within 60 days
25 thereafter in alphabetical order, by the name of every person
26 against whom the judgment is entered, showing, in the proper
27 columns ruled for that purpose, the names of the parties, the
28 date, nature of the judgment, amount of the judgment and
29 costs in separate items, for which it is issued, to whom
30 issued, when returned, and the manner of its enforcement; a
31 blank column shall be kept in which may be entered a note of
32 the satisfaction or other disposition of the judgment or
33 order and when satisfied by enforcement or otherwise, or set
34 aside or enjoined; the clerk shall enter a minute thereof in
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1 such column, showing how disposed of, the date and the book
2 and page, where the evidence thereof is to be found. In the
3 case of child support orders or modifications of such orders
4 entered on or after May 1, 1987, the clerk shall minute such
5 orders or modifications in the manner and form provided
6 herein but shall not minute every child support installment
7 when due or every child support payment when made. Such
8 dockets may be searched by persons, at all reasonable times
9 without fee.
10 5. A fee book, in which shall be distinctly set down, in
11 items, the proper title of the cause and heads, the cost of
12 each action, including clerk's, sheriff's and witness' fees,
13 stating the name of each witness having claimed attendance in
14 respect of the trial or hearing of such action with the
15 number of days attended. It shall not be necessary to insert
16 the cost in the judgment; but whenever an action is
17 determined and final judgment entered, the costs of each
18 party litigant shall be made up and entered in such fee book,
19 which shall be considered a part of the record and judgment,
20 subject, however, at all times to be corrected by the court;
21 and the prevailing party shall be considered as having
22 recovered judgment for the amount of the costs so taxed in
23 his or her favor, and the same shall be included in the
24 certified copy of such judgment, and a bill thereof
25 accompanying certified copy of the judgment. If any clerk
26 shall issue a fee bill or a bill of costs, with the certified
27 copy of the judgment without first entering the same in the
28 fee book, or if any such bill of costs or fee bill shall be
29 issued which shall not be in substance a copy of the recorded
30 bill, the same shall be void. Any person having paid such
31 bill of costs or fee bill, may recover from the clerk the
32 amount thereof, with costs of the action, in any circuit
33 court.
34 6. Such other books of record and entry as are provided
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1 by law, or may be required in the proper performance of their
2 duties. All records, dockets and books required by law to be
3 kept by such clerks shall be deemed public records, and shall
4 at all times be open to inspection without fee or reward, and
5 all persons shall have free access for inspection and
6 examination to such records, docket and books, and also to
7 all papers on file in the different clerks' offices and shall
8 have the right to take memoranda and abstracts thereto.
9 (Source: P.A. 85-1156.)
10 (705 ILCS 105/16.5 new)
11 Sec. 16.5. Electronic records. If the record keeping
12 system of a judicial circuit or a county within a judicial
13 circuit has been automated, the clerk need not keep a manual
14 record for that judicial circuit or county in the format
15 prescribed in Section 16. The clerk may transfer electronic
16 records to optical disk, digital storage media, microfilm, or
17 microfisch for archival purposes.