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91_SB0742
LRB9105988DJcd
1 AN ACT concerning spinal cord injuries.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Spinal Cord Injury Paralysis Research
8 Fund.
9 Section 10. The Head and Spinal Cord Injury Act is
10 amended by adding Section 7 as follows:
11 (410 ILCS 515/7 new)
12 Sec. 7. Spinal Cord Injury Paralysis Research. The Spinal
13 Cord Injury Paralysis Research Fund is created as a special
14 fund in the State treasury. Moneys shall be deposited into
15 the fund as provided in Sections 27.1, 27.1a, 27.2, and 27.2a
16 of the Clerks of Courts Act. Moneys shall be appropriated
17 from the fund to the Department of Human Services for the use
18 of the Council in making grants to research facilities
19 located in Illinois to conduct research to find a cure for
20 spinal cord injury paralysis. The Council shall adopt
21 written guidelines for making grants under this Section.
22 Section 15. The Clerks of Courts Act is amended by
23 changing Sections 27.1, 27.1a, 27.2, 27.2a, and 27.5 as
24 follows:
25 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
26 Sec. 27.1. The fees of the Clerk of the Circuit Court in
27 all counties having a population of 180,000 inhabitants or
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1 less shall be paid in advance, except as otherwise provided,
2 and shall be as follows:
3 (a) Civil Cases
4 (1) All civil cases except as otherwise
5 provided........................................... $40
6 (2) Judicial Sales (except Probate).......... $40
7 (b) Family
8 (1) Commitment petitions under the Mental
9 Health and Developmental Disabilities Code, filing
10 transcript of commitment proceedings held in
11 another county, and cases under the Juvenile Court
12 Act of 1987........................................ $25
13 (2) Petition for Marriage Licenses........... $10
14 (3) Marriages in Court....................... $10
15 (4) Paternity................................ $40
16 (c) Criminal and Quasi-Criminal
17 (1) Each person convicted of a felony........ $40
18 (2) Each person convicted of a misdemeanor,
19 leaving scene of an accident, driving while
20 intoxicated, reckless driving or drag racing,
21 driving when license revoked or suspended,
22 overweight, or no interstate commerce certificate,
23 or when the disposition is court supervision....... $25
24 (3) Each person convicted of a business
25 offense............................................ $25
26 (4) Each person convicted of a petty offense. $25
27 (5) Minor traffic, conservation, or
28 ordinance violation, including
29 without limitation when the disposition is
30 court supervision:
31 (i) For each offense other than a traffic
32 violation.......................................... $10
33 (i-5) For each traffic violation.............. $12
34 Out of fee collected under this item (i-5), $2
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1 shall be disbursed to the State Treasurer, who
2 shall deposit that amount into the Spinal Cord
3 Injury Paralysis Research Fund.
4 (ii) For each notice sent to the defendant's
5 last known address pursuant to subsection (c) of
6 Section 6-306.4 of the Illinois Vehicle Code....... $2
7 (iii) For each notice sent to the Secretary
8 of State pursuant to subsection (c) of Section
9 6-306.4 of the Illinois Vehicle Code............... $2
10 (6) When Court Appearance required........... $15
11 (7) Motions to vacate or amend final orders.. $10
12 (8) In ordinance violation cases punishable
13 by fine only, the clerk of the circuit court shall
14 be entitled to receive, unless the fee is excused
15 upon a finding by the court that the defendant is
16 indigent, in addition to other fees or costs
17 allowed or imposed by law, the sum of $50 as a fee
18 for the services of a jury. The jury fee shall be
19 paid by the defendant at the time of filing his or
20 her jury demand. If the fee is not so paid by the
21 defendant, no jury shall be called, and the case
22 shall be tried by the court without a jury.
23 (d) Other Civil Cases
24 (1) Money or personal property claimed does
25 not exceed $500.................................... $10
26 (2) Exceeds $500 but not more than $10,000... $25
27 (3) Exceeds $10,000, when relief in addition
28 to or supplemental to recovery of money alone is
29 sought in an action to recover personal property
30 taxes or retailers occupational tax regardless of
31 amount claimed..................................... $45
32 (4) The Clerk of the Circuit Court shall be
33 entitled to receive, in addition to other fees
34 allowed by law, the sum of $50, as a fee for the
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1 services of a jury in every civil action not
2 quasi-criminal in its nature and not a proceeding
3 for the exercise of the right of eminent domain,
4 and in every equitable action wherein the right of
5 trial by jury is or may be given by law. The jury
6 fee shall be paid by the party demanding a jury at
7 the time of filing his jury demand. If such a fee
8 is not paid by either party, no jury shall be
9 called in the action, suit, or proceeding, and the
10 same shall be tried by the court without a jury.
11 (e) Confession of judgment and answer
12 (1) When the amount does not exceed $1,000... $20
13 (2) Exceeds $1,000........................... $40
14 (f) Auxiliary Proceedings
15 Any auxiliary proceeding relating to the
16 collection of a money judgment, including
17 garnishment, citation, or wage deduction action.... $5
18 (g) Forcible entry and detainer
19 (1) For possession only or possession and
20 rent not in excess of $10,000...................... $10
21 (2) For possession and rent in excess of
22 $10,000............................................ $40
23 (h) Eminent Domain
24 (1) Exercise of Eminent Domain............... $45
25 (2) For each and every lot or tract of land
26 or right or interest therein subject to be
27 condemned, the damages in respect to which shall
28 require separate assessments by a jury............. $45
29 (i) Reinstatement
30 Each case including petition for modification
31 of a judgment or order of Court if filed later than
32 30 days after the entry of a judgment or order,
33 except in forcible entry and detainer cases and
34 small claims and except a petition to modify,
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1 terminate, or enforce a judgement or order for
2 child or spousal support or to modify, suspend, or
3 terminate an order for withholding, petition to
4 vacate judgment of dismissal for want of
5 prosecution whenever filed, petition to reopen an
6 estate, or redocketing of any cause................ $20
7 (j) Probate
8 (1) Administration of decedent's estates,
9 whether testate or intestate, guardianships of the
10 person or estate or both of a person under legal
11 disability, guardianships of the person or estate
12 or both of a minor or minors, or petitions to sell
13 real estate in the administration of any estate.... $50
14 (2) Small estates in cases where the real and
15 personal property of an estate does not exceed
16 $5,000............................................. $25
17 (3) At any time during the administration of
18 the estate, however, at the request of the Clerk,
19 the Court shall examine the record of the estate
20 and the personal representative to determine the
21 total value of the real and personal property of
22 the estate, and if such value exceeds $5,000 shall
23 order the payment of an additional fee in the
24 amount of.......................................... $40
25 (4) Inheritance tax proceedings.............. $15
26 (5) Issuing letters only for a certain
27 specific reason other than the administration of an
28 estate, including but not limited to the release of
29 mortgage; the issue of letters of guardianship in
30 order that consent to marriage may be granted or
31 for some other specific reason other than for the
32 care of property or person; proof of heirship
33 without administration; or when a will is to be
34 admitted to probate, but the estate is to be
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1 settled without administration..................... $10
2 (6) When a separate complaint relating to any
3 matter other than a routine claim is filed in an
4 estate, the required additional fee shall be
5 charged for such filing............................ $45
6 (k) Change of Venue
7 From a court, the charge is the same amount as
8 the original filing fee; however, the fee for
9 preparation and certification of record on change
10 of venue, when original documents or copies are
11 forwarded.......................................... $10
12 (l) Answer, adverse pleading, or appearance
13 In civil cases.......... $15
14 With the following exceptions:
15 (1) When the amount does not exceed $500..... $5
16 (2) When amount exceeds $500 but not $10,000. $10
17 (3) When amount exceeds $10,000.............. $15
18 (4) Court appeals when documents are
19 forwarded, over 200 pages, additional fee per page
20 over 200........................................... 10¢
21 (m) Tax objection complaints
22 For each tax objection complaint containing
23 one or more tax objections, regardless of the
24 number of parcels involved or the number of
25 taxpayers joining the complaint.................... $10
26 (n) Tax deed
27 (1) Petition for tax deed, if only one parcel
28 is involved........................................ $45
29 (2) For each additional parcel involved, an
30 additional fee of.................................. $10
31 (o) Mailing Notices and Processes
32 (1) All notices that the clerk is required to
33 mail as first class mail........................... $2
34 (2) For all processes or notices the Clerk is
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1 required to mail by certified or registered mail,
2 the fee will be $2 plus cost of postage.
3 (p) Certification or Authentication
4 (1) Each certification or authentication for
5 taking the acknowledgement of a deed or other
6 instrument in writing with seal of office.......... $2
7 (2) Court appeals when original documents are
8 forwarded, 100 pages or under, plus delivery costs. $25
9 (3) Court appeals when original documents are
10 forwarded, over 100 pages, plus delivery costs..... $60
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, additional fee per page
13 over 200........................................... 10¢
14 (q) Reproductions
15 Each record of proceedings and judgment,
16 whether on appeal, change of venue, certified
17 copies of orders and judgments, and all other
18 instruments, documents, records, or papers:
19 (1) First page.......................... $1
20 (2) Next 19 pages, per page............. 50¢
21 (3) All remaining pages, per page....... 25¢
22 (r) Counterclaim
23 When any defendant files a counterclaim as
24 part of his or her answer or otherwise, or joins
25 another party as a third party defendant, or both,
26 he or she shall pay a fee for each such
27 counterclaim or third party action in an amount
28 equal to the fee he or she would have had to pay
29 had he or she brought a separate action for the
30 relief sought in the counterclaim or against the
31 third party defendant, less the amount of the
32 appearance fee, if that has been paid.
33 (s) Transcript of Judgment
34 From a court, the same fee as if case
-8- LRB9105988DJcd
1 originally filed.
2 (t) Publications
3 The cost of publication shall be paid directly
4 to the publisher by the person seeking the
5 publication, whether the clerk is required by law
6 to publish, or the parties to the action.
7 (u) Collections
8 (1) For all collections made for others,
9 except the State and County and except in
10 maintenance or child support cases, a sum equal to
11 2% of the amount collected and turned over.
12 (2) In any cases remanded to the Circuit
13 Court from the Supreme Court or the Appellate
14 Court, the Clerk shall file the remanding order and
15 reinstate the case with either its original number
16 or a new number. The Clerk shall not charge any
17 new or additional fee for the reinstatement. Upon
18 reinstatement the Clerk shall advise the parties of
19 the reinstatement. A party shall have the same
20 right to a jury trial on remand and reinstatement
21 as he or she had before the appeal, and no
22 additional or new fee or charge shall be made for a
23 jury trial after remand.
24 (3) In maintenance and child support matters,
25 the Clerk may deduct from each payment an amount
26 equal to the United States postage to be used in
27 mailing the maintenance or child support check to
28 the recipient. In such cases, the Clerk shall
29 collect an annual fee of up to $36 from the person
30 making such payment for administering the
31 collection and distribution of maintenance and
32 child support payments. Such sum shall be in
33 addition to and separate from amounts ordered to be
34 paid as maintenance or child support and shall be
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1 deposited in a separate Maintenance and Child
2 Support Collection Fund of which the Clerk shall be
3 the custodian, ex officio, to be used by the Clerk
4 to further maintenance and child support collection
5 efforts in his office. Unless paid in cash or
6 pursuant to an order for withholding, the payment
7 of the fee shall be by a separate instrument from
8 the support payment and shall be made to the order
9 of the Clerk. The Clerk may recover from the person
10 making the maintenance or child support payment any
11 additional cost incurred in the collection of this
12 annual fee.
13 The Clerk shall also be entitled to a fee of
14 $5 for certifications made to the Secretary of
15 State as provided in Section 7-703 of the Family
16 Financial Responsibility Law and these fees shall
17 also be deposited into the Separate Maintenance and
18 Child Support Collection Fund.
19 (v) Correction of Cases
20 For correcting the case number or case title
21 on any document filed in his office, to be charged
22 against the party that filed the document.......... $10
23 (w) Record Search
24 For searching a record, per year searched..... $4
25 (x) Printed Output
26 For each page of hard copy print output, when
27 case records are maintained on an automated medium. $2
28 (y) Alias Summons
29 For each alias summons issued................. $2
30 (z) Expungement of Records
31 For each expungement petition filed........... $15
32 (aa) Other Fees
33 Any fees not covered by this Section shall be set by
34 rule or administrative order of the Circuit Court, with
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1 the approval of the Supreme Court.
2 (bb) Exemptions
3 No fee provided for herein shall be charged to any
4 unit of State or local government or school district
5 unless the Court orders another party to pay such fee on
6 its behalf. The fee requirements of this Section shall
7 not apply to police departments or other law enforcement
8 agencies. In this Section, "law enforcement agency"
9 means an agency of the State or a unit of local
10 government that is vested by law or ordinance with the
11 duty to maintain public order and to enforce criminal
12 laws and ordinances. The fee requirements of this Section
13 shall not apply to any action instituted under subsection
14 (b) of Section 11-31-1 of the Illinois Municipal Code by
15 a private owner or tenant of real property within 1200
16 feet of a dangerous or unsafe building seeking an order
17 compelling the owner or owners of the building to take
18 any of the actions authorized under that subsection.
19 (cc) Adoptions
20 (1) For an adoption.............................$65
21 (2) Upon good cause shown, the court may waive the
22 adoption filing fee in a special needs adoption. The
23 term "special needs adoption" shall have the meaning
24 ascribed to it by the Illinois Department of Children and
25 Family Services.
26 (dd) Adoption exemptions
27 No fee other than that set forth in subsection (cc)
28 shall be charged to any person in connection with an
29 adoption proceeding.
30 (ee) Additional Services
31 Beginning July 1, 1993, the clerk of the circuit
32 court may provide such additional services for which
33 there is no fee specified by statute in connection with
34 the operation of the clerk's office as may be requested
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1 by the public and agreed to by the public and by the
2 clerk and approved by the chief judge of the circuit
3 court. Any charges for additional services shall be as
4 agreed to between the clerk and the party making the
5 request and approved by the chief judge of the circuit
6 court. Nothing in this subsection shall be as agreed to
7 between the clerk and the party making the request.
8 Nothing in this subsection shall be construed to require
9 any clerk to provide any service not otherwise required
10 by law.
11 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
12 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
13 12-31-98.)
14 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
15 Sec. 27.1a. The fees of the clerks of the circuit court
16 in all counties having a population in excess of 180,000 but
17 not more than 650,000 inhabitants in the instances described
18 in this Section shall be as provided in this Section. The
19 fees shall be paid in advance and shall be as follows:
20 (a) Civil Cases.
21 The fee for filing a complaint, petition, or other
22 pleading initiating a civil action, with the following
23 exceptions, shall be $150.
24 (A) When the amount of money or damages or the
25 value of personal property claimed does not exceed
26 $250, $10.
27 (B) When that amount exceeds $250 but does not
28 exceed $500, $20.
29 (C) When that amount exceeds $500 but does not
30 exceed $2500, $30.
31 (D) When that amount exceeds $2500 but does
32 not exceed $15,000, $75.
33 (E) For the exercise of eminent domain, $150.
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1 For each additional lot or tract of land or right or
2 interest therein subject to be condemned, the
3 damages in respect to which shall require separate
4 assessment by a jury, $150.
5 (a-1) Family.
6 For filing a petition under the Juvenile Court Act
7 of 1987, $25.
8 For filing a petition for a marriage license, $10.
9 For performing a marriage in court, $10.
10 For filing a petition under the Illinois Parentage
11 Act of 1984, $40.
12 (b) Forcible Entry and Detainer.
13 In each forcible entry and detainer case when the
14 plaintiff seeks possession only or unites with his or her
15 claim for possession of the property a claim for rent or
16 damages or both in the amount of $15,000 or less, $40.
17 When the plaintiff unites his or her claim for possession
18 with a claim for rent or damages or both exceeding
19 $15,000, $150.
20 (c) Counterclaim or Joining Third Party Defendant.
21 When any defendant files a counterclaim as part of
22 his or her answer or otherwise or joins another party as
23 a third party defendant, or both, the defendant shall pay
24 a fee for each counterclaim or third party action in an
25 amount equal to the fee he or she would have had to pay
26 had he or she brought a separate action for the relief
27 sought in the counterclaim or against the third party
28 defendant, less the amount of the appearance fee, if that
29 has been paid.
30 (d) Confession of Judgment.
31 In a confession of judgment when the amount does not
32 exceed $1500, $50. When the amount exceeds $1500, but
33 does not exceed $15,000, $115. When the amount exceeds
34 $15,000, $200.
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1 (e) Appearance.
2 The fee for filing an appearance in each civil case
3 shall be $50, except as follows:
4 (A) When the plaintiff in a forcible entry and
5 detainer case seeks possession only, $20.
6 (B) When the amount in the case does not
7 exceed $1500, $20.
8 (C) When that amount exceeds $1500 but does
9 not exceed $15,000, $40.
10 (f) Garnishment, Wage Deduction, and Citation.
11 In garnishment affidavit, wage deduction affidavit,
12 and citation petition when the amount does not exceed
13 $1,000, $10; when the amount exceeds $1,000 but does not
14 exceed $5,000, $20; and when the amount exceeds $5,000,
15 $30.
16 (g) Petition to Vacate or Modify.
17 (1) Petition to vacate or modify any final judgment
18 or order of court, except in forcible entry and detainer
19 cases and small claims cases or a petition to reopen an
20 estate, to modify, terminate, or enforce a judgment or
21 order for child or spousal support, or to modify,
22 suspend, or terminate an order for withholding, if filed
23 before 30 days after the entry of the judgment or order,
24 $40.
25 (2) Petition to vacate or modify any final judgment
26 or order of court, except a petition to modify,
27 terminate, or enforce a judgment or order for child or
28 spousal support or to modify, suspend, or terminate an
29 order for withholding, if filed later than 30 days after
30 the entry of the judgment or order, $60.
31 (3) Petition to vacate order of bond forfeiture,
32 $20.
33 (h) Mailing.
34 When the clerk is required to mail, the fee will be
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1 $6, plus the cost of postage.
2 (i) Certified Copies.
3 Each certified copy of a judgment after the first,
4 except in small claims and forcible entry and detainer
5 cases, $10.
6 (j) Habeas Corpus.
7 For filing a petition for relief by habeas corpus,
8 $80.
9 (k) Certification, Authentication, and Reproduction.
10 (1) Each certification or authentication for taking
11 the acknowledgment of a deed or other instrument in
12 writing with the seal of office, $4.
13 (2) Court appeals when original documents are
14 forwarded, under 100 pages, plus delivery and costs, $50.
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery and costs, $120.
17 (4) Court appeals when original documents are
18 forwarded, over 200 pages, an additional fee of 20 cents
19 per page.
20 (5) For reproduction of any document contained in
21 the clerk's files:
22 (A) First page, $2.
23 (B) Next 19 pages, 50 cents per page.
24 (C) All remaining pages, 25 cents per page.
25 (l) Remands.
26 In any cases remanded to the Circuit Court from the
27 Supreme Court or the Appellate Court for a new trial, the
28 clerk shall file the remanding order and reinstate the
29 case with either its original number or a new number. The
30 Clerk shall not charge any new or additional fee for the
31 reinstatement. Upon reinstatement the Clerk shall advise
32 the parties of the reinstatement. A party shall have the
33 same right to a jury trial on remand and reinstatement as
34 he or she had before the appeal, and no additional or new
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1 fee or charge shall be made for a jury trial after
2 remand.
3 (m) Record Search.
4 For each record search, within a division or
5 municipal district, the clerk shall be entitled to a
6 search fee of $4 for each year searched.
7 (n) Hard Copy.
8 For each page of hard copy print output, when case
9 records are maintained on an automated medium, the clerk
10 shall be entitled to a fee of $4.
11 (o) Index Inquiry and Other Records.
12 No fee shall be charged for a single
13 plaintiff/defendant index inquiry or single case record
14 inquiry when this request is made in person and the
15 records are maintained in a current automated medium, and
16 when no hard copy print output is requested. The fees to
17 be charged for management records, multiple case records,
18 and multiple journal records may be specified by the
19 Chief Judge pursuant to the guidelines for access and
20 dissemination of information approved by the Supreme
21 Court.
22 (p) Commitment Petitions.
23 For filing commitment petitions under the Mental
24 Health and Developmental Disabilities Code and for filing
25 a transcript of commitment proceedings held in another
26 county, $25.
27 (q) Alias Summons.
28 For each alias summons or citation issued by the
29 clerk, $4.
30 (r) Other Fees.
31 Any fees not covered in this Section shall be set by
32 rule or administrative order of the Circuit Court with
33 the approval of the Administrative Office of the Illinois
34 Courts.
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1 The clerk of the circuit court may provide
2 additional services for which there is no fee specified
3 by statute in connection with the operation of the
4 clerk's office as may be requested by the public and
5 agreed to by the clerk and approved by the chief judge of
6 the circuit court. Any charges for additional services
7 shall be as agreed to between the clerk and the party
8 making the request and approved by the chief judge of the
9 circuit court. Nothing in this subsection shall be
10 construed to require any clerk to provide any service not
11 otherwise required by law.
12 (s) Jury Services.
13 The clerk shall be entitled to receive, in addition
14 to other fees allowed by law, the sum of $180, as a fee
15 for the services of a jury in every civil action not
16 quasi-criminal in its nature and not a proceeding for the
17 exercise of the right of eminent domain and in every
18 other action wherein the right of trial by jury is or may
19 be given by law. The jury fee shall be paid by the party
20 demanding a jury at the time of filing the jury demand.
21 If the fee is not paid by either party, no jury shall be
22 called in the action or proceeding, and the same shall be
23 tried by the court without a jury.
24 (t) Voluntary Assignment.
25 For filing each deed of voluntary assignment, $10;
26 for recording the same, 25¢ for each 100 words.
27 Exceptions filed to claims presented to an assignee of a
28 debtor who has made a voluntary assignment for the
29 benefit of creditors shall be considered and treated, for
30 the purpose of taxing costs therein, as actions in which
31 the party or parties filing the exceptions shall be
32 considered as party or parties plaintiff, and the
33 claimant or claimants as party or parties defendant, and
34 those parties respectively shall pay to the clerk the
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1 same fees as provided by this Section to be paid in other
2 actions.
3 (u) Expungement Petition.
4 The clerk shall be entitled to receive a fee of $30
5 for each expungement petition filed and an additional fee
6 of $2 for each certified copy of an order to expunge
7 arrest records.
8 (v) Probate.
9 The clerk is entitled to receive the fees specified in
10 this subsection (v), which shall be paid in advance, except
11 that, for good cause shown, the court may suspend, reduce, or
12 release the costs payable under this subsection:
13 (1) For administration of the estate of a decedent
14 (whether testate or intestate) or of a missing person,
15 $100, plus the fees specified in subsection (v)(3),
16 except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be
19 $25.
20 (B) When (i) proof of heirship alone is made,
21 (ii) a domestic or foreign will is admitted to
22 probate without administration (including proof of
23 heirship), or (iii) letters of office are issued for
24 a particular purpose without administration of the
25 estate, the fee shall be $25.
26 (2) For administration of the estate of a ward,
27 $50, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) letters of office are issued to a
33 guardian of the person or persons, but not of the
34 estate or (ii) letters of office are issued in the
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1 estate of a ward without administration of the
2 estate, including filing or joining in the filing of
3 a tax return or releasing a mortgage or consenting
4 to the marriage of the ward, the fee shall be $10.
5 (3) In addition to the fees payable under
6 subsection (v)(1) or (v)(2) of this Section, the
7 following fees are payable:
8 (A) For each account (other than one final
9 account) filed in the estate of a decedent, or ward,
10 $15.
11 (B) For filing a claim in an estate when the
12 amount claimed is $150 or more but less than $500,
13 $10; when the amount claimed is $500 or more but
14 less than $10,000, $25; when the amount claimed is
15 $10,000 or more, $40; provided that the court in
16 allowing a claim may add to the amount allowed the
17 filing fee 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 $40.
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, $10.
33 (F) For each jury demand, $90.
34 (G) For disposition of the collection of a
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1 judgment or settlement of an action or claim for
2 wrongful death of a decedent or of any cause of
3 action of a ward, when there is no other
4 administration of the estate, $30, less any amount
5 paid under subsection (v)(1)(B) or (v)(2)(B) except
6 that if the amount involved does not exceed $5,000,
7 the fee, including any amount paid under subsection
8 (v)(1)(B) or (v)(2)(B), shall be $10.
9 (H) For each certified copy of letters of
10 office, of court order or other certification, $1,
11 plus 50¢ per page in excess of 3 pages for the
12 document certified.
13 (I) For each exemplification, $1, plus the fee
14 for certification.
15 (4) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay the cost of publication by the clerk
18 directly to the newspaper.
19 (5) The person on whose behalf a charge is incurred
20 for witness, court reporter, appraiser, or other
21 miscellaneous fee shall pay the same directly to the
22 person entitled thereto.
23 (6) The executor, administrator, guardian,
24 petitioner, or other interested person or his or her
25 attorney shall pay to the clerk all postage charges
26 incurred by the clerk in mailing petitions, orders,
27 notices, or other documents pursuant to the provisions of
28 the Probate Act of 1975.
29 (w) Criminal and Quasi-Criminal Costs and Fees.
30 (1) The clerk shall be entitled to costs in all
31 criminal and quasi-criminal cases from each person
32 convicted or sentenced to supervision therein as follows:
33 (A) Felony complaints, $80.
34 (B) Misdemeanor complaints, $50.
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1 (C) Business offense complaints, $50.
2 (D) Petty offense complaints, $50.
3 (E) Minor traffic or ordinance violations,
4 $22, of which $2 shall be disbursed to the State
5 Treasurer, who shall deposit that amount into the
6 Spinal Cord Injury Paralysis Research Fund $20.
7 (E-5) Minor ordinance violations, $20.
8 (F) When court appearance required, $30.
9 (G) Motions to vacate or amend final orders,
10 $20.
11 (H) Motions to vacate bond forfeiture orders,
12 $20.
13 (I) Motions to vacate ex parte judgments,
14 whenever filed, $20.
15 (J) Motions to vacate judgment on forfeitures,
16 whenever filed, $20.
17 (K) Motions to vacate "failure to appear" or
18 "failure to comply" notices sent to the Secretary of
19 State, $20.
20 (2) In counties having a population in excess of
21 180,000 but not more than 650,000 inhabitants, when the
22 violation complaint is issued by a municipal police
23 department, the clerk shall be entitled to costs from
24 each person convicted therein as follows:
25 (A) Minor traffic or ordinance violations,
26 $12, of which $2 shall be disbursed to the State
27 Treasurer, who shall deposit that amount into the
28 Spinal Cord Injury Paralysis Research Fund $10.
29 (A-5) Minor ordinance violations, $10.
30 (B) When court appearance required, $15.
31 (3) In ordinance violation cases punishable by fine
32 only, the clerk of the circuit court shall be entitled to
33 receive, unless the fee is excused upon a finding by the
34 court that the defendant is indigent, in addition to
-21- LRB9105988DJcd
1 other fees or costs allowed or imposed by law, the sum of
2 $50 as a fee for the services of a jury. The jury fee
3 shall be paid by the defendant at the time of filing his
4 or her jury demand. If the fee is not so paid by the
5 defendant, no jury shall be called, and the case shall be
6 tried by the court without a jury.
7 (x) Transcripts of Judgment.
8 For the filing of a transcript of judgment, the
9 clerk shall be entitled to the same fee as if it were the
10 commencement of a new suit.
11 (y) Change of Venue.
12 (1) For the filing of a change of case on a change
13 of venue, the clerk shall be entitled to the same fee as
14 if it were the commencement of a new suit.
15 (2) The fee for the preparation and certification
16 of a record on a change of venue to another jurisdiction,
17 when original documents are forwarded, $25.
18 (z) Tax objection complaints.
19 For each tax objection complaint containing one or
20 more tax objections, regardless of the number of parcels
21 involved or the number of taxpayers joining on the
22 complaint, $25.
23 (aa) Tax Deeds.
24 (1) Petition for tax deed, if only one parcel is
25 involved, $150.
26 (2) For each additional parcel, add a fee of $50.
27 (bb) Collections.
28 (1) For all collections made of others, except the
29 State and county and except in maintenance or child
30 support cases, a sum equal to 2.5% of the amount
31 collected and turned over.
32 (2) Interest earned on any funds held by the clerk
33 shall be turned over to the county general fund as an
34 earning of the office.
-22- LRB9105988DJcd
1 (3) For any check, draft, or other bank instrument
2 returned to the clerk for non-sufficient funds, account
3 closed, or payment stopped, $25.
4 (4) In child support and maintenance cases, the
5 clerk, if authorized by an ordinance of the county board,
6 may collect an annual fee of up to $36 from the person
7 making payment for administering the collection and
8 distribution of maintenance and child support payments.
9 This fee shall be in addition to and separate from
10 amounts ordered to be paid as maintenance or child
11 support and shall be deposited into a Separate
12 Maintenance and Child Support Collection Fund, of which
13 the clerk shall be the custodian, ex-officio, to be used
14 by the clerk to further maintenance and child supports in
15 his or her office. The clerk may recover from the person
16 making the maintenance or child support payment any
17 additional cost incurred in the collection of this annual
18 fee.
19 The clerk shall also be entitled to a fee of $5 for
20 certifications made to the Secretary of State as provided
21 in Section 7-703 of the Family Financial Responsibility
22 Law and these fees shall also be deposited into the
23 Separate Maintenance and Child Support Collection Fund.
24 (cc) Corrections of Numbers.
25 For correction of the case number, case title, or
26 attorney computer identification number, if required by
27 rule of court, on any document filed in the clerk's
28 office, to be charged against the party that filed the
29 document, $15.
30 (dd) Exceptions.
31 (1) The fee requirements of this Section shall not
32 apply to police departments or other law enforcement
33 agencies. In this Section, "law enforcement agency"
34 means an agency of the State or a unit of local
-23- LRB9105988DJcd
1 government which is vested by law or ordinance with the
2 duty to maintain public order and to enforce criminal
3 laws or ordinances. "Law enforcement agency" also means
4 the Attorney General or any state's attorney.
5 (2) No fee provided herein shall be charged to any
6 unit of local government or school district.
7 (3) The fee requirements of this Section shall not
8 apply to any action instituted under subsection (b) of
9 Section 11-31-1 of the Illinois Municipal Code by a
10 private owner or tenant of real property within 1200 feet
11 of a dangerous or unsafe building seeking an order
12 compelling the owner or owners of the building to take
13 any of the actions authorized under that subsection.
14 (ee) Adoptions.
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (ff) Adoption exemptions.
22 No fee other than that set forth in subsection (ee)
23 shall be charged to any person in connection with an
24 adoption proceeding.
25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
27 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
28 Sec. 27.2. The fees of the clerks of the circuit court
29 in all counties having a population in excess of 650,000
30 inhabitants but less than 3,000,000 inhabitants in the
31 instances described in this Section shall be as provided in
32 this Section. In addition, the fees provided in this Section
33 shall apply to all units of local government and school
-24- LRB9105988DJcd
1 districts in counties with more than 3,000,000 inhabitants.
2 The fees shall be paid in advance and shall be as follows:
3 (a) Civil Cases.
4 The fee for filing a complaint, petition, or other
5 pleading initiating a civil action, with the following
6 exceptions, shall be $150.
7 (A) When the amount of money or damages or the
8 value of personal property claimed does not exceed
9 $250, $10.
10 (B) When that amount exceeds $250 but does not
11 exceed $500, $20.
12 (C) When that amount exceeds $500 but does not
13 exceed $2500, $30.
14 (D) When that amount exceeds $2500 but does
15 not exceed $15,000, $75.
16 (E) For the exercise of eminent domain, $150.
17 For each additional lot or tract of land or right or
18 interest therein subject to be condemned, the
19 damages in respect to which shall require separate
20 assessment by a jury, $150.
21 (b) Forcible Entry and Detainer.
22 In each forcible entry and detainer case when the
23 plaintiff seeks possession only or unites with his or her
24 claim for possession of the property a claim for rent or
25 damages or both in the amount of $15,000 or less, $40.
26 When the plaintiff unites his or her claim for possession
27 with a claim for rent or damages or both exceeding
28 $15,000, $150.
29 (c) Counterclaim or Joining Third Party Defendant.
30 When any defendant files a counterclaim as part of
31 his or her answer or otherwise or joins another party as
32 a third party defendant, or both, the defendant shall pay
33 a fee for each counterclaim or third party action in an
34 amount equal to the fee he or she would have had to pay
-25- LRB9105988DJcd
1 had he or she brought a separate action for the relief
2 sought in the counterclaim or against the third party
3 defendant, less the amount of the appearance fee, if that
4 has been paid.
5 (d) Confession of Judgment.
6 In a confession of judgment when the amount does not
7 exceed $1500, $50. When the amount exceeds $1500, but
8 does not exceed $15,000, $115. When the amount exceeds
9 $15,000, $200.
10 (e) Appearance.
11 The fee for filing an appearance in each civil case
12 shall be $50, except as follows:
13 (A) When the plaintiff in a forcible entry and
14 detainer case seeks possession only; $20.
15 (B) When the amount in the case does not
16 exceed $1500, $20.
17 (C) When that amount exceeds $1500 but does
18 not exceed $15,000, $40.
19 (f) Garnishment, Wage Deduction, and Citation.
20 In garnishment affidavit, wage deduction affidavit,
21 and citation petition when the amount does not exceed
22 $1,000, $10; when the amount exceeds $1,000 but does not
23 exceed $5,000, $20; and when the amount exceeds $5,000,
24 $30.
25 (g) Petition to Vacate or Modify.
26 (1) Petition to vacate or modify any final judgment
27 or order of court, except in forcible entry and detainer
28 cases and small claims cases or a petition to reopen an
29 estate, to modify, terminate, or enforce a judgment or
30 order for child or spousal support, or to modify,
31 suspend, or terminate an order for withholding, if filed
32 before 30 days after the entry of the judgment or order,
33 $40.
34 (2) Petition to vacate or modify any final judgment
-26- LRB9105988DJcd
1 or order of court, except a petition to modify,
2 terminate, or enforce a judgment or order for child or
3 spousal support or to modify, suspend, or terminate an
4 order for withholding, if filed later than 30 days after
5 the entry of the judgment or order, $60.
6 (3) Petition to vacate order of bond forfeiture,
7 $20.
8 (h) Mailing.
9 When the clerk is required to mail, the fee will be
10 $6, plus the cost of postage.
11 (i) Certified Copies.
12 Each certified copy of a judgment after the first,
13 except in small claims and forcible entry and detainer
14 cases, $10.
15 (j) Habeas Corpus.
16 For filing a petition for relief by habeas corpus,
17 $80.
18 (k) Certification, Authentication, and Reproduction.
19 (1) Each certification or authentication for taking
20 the acknowledgment of a deed or other instrument in
21 writing with the seal of office, $4.
22 (2) Court appeals when original documents are
23 forwarded, under 100 pages, plus delivery and costs, $50.
24 (3) Court appeals when original documents are
25 forwarded, over 100 pages, plus delivery and costs, $120.
26 (4) Court appeals when original documents are
27 forwarded, over 200 pages, an additional fee of 20 cents
28 per page.
29 (5) For reproduction of any document contained in
30 the clerk's files:
31 (A) First page, $2.
32 (B) Next 19 pages, 50 cents per page.
33 (C) All remaining pages, 25 cents per page.
34 (l) Remands.
-27- LRB9105988DJcd
1 In any cases remanded to the Circuit Court from the
2 Supreme Court or the Appellate Court for a new trial, the
3 clerk shall file the remanding order and reinstate the
4 case with either its original number or a new number.
5 The Clerk shall not charge any new or additional fee for
6 the reinstatement. Upon reinstatement the Clerk shall
7 advise the parties of the reinstatement. A party shall
8 have the same right to a jury trial on remand and
9 reinstatement as he or she had before the appeal, and no
10 additional or new fee or charge shall be made for a jury
11 trial after remand.
12 (m) Record Search.
13 For each record search, within a division or
14 municipal district, the clerk shall be entitled to a
15 search fee of $4 for each year searched.
16 (n) Hard Copy.
17 For each page of hard copy print output, when case
18 records are maintained on an automated medium, the clerk
19 shall be entitled to a fee of $4.
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, $25.
34 (q) Alias Summons.
-28- LRB9105988DJcd
1 For each alias summons or citation issued by the
2 clerk, $4.
3 (r) Other Fees.
4 Any fees not covered in this Section shall be set by
5 rule or administrative order of the Circuit Court with
6 the approval of the Administrative Office of the Illinois
7 Courts.
8 The clerk of the circuit court may provide
9 additional services for which there is no fee specified
10 by statute in connection with the operation of the
11 clerk's office as may be requested by the public and
12 agreed to by the clerk and approved by the chief judge of
13 the circuit court. Any charges for additional services
14 shall be as agreed to between the clerk and the party
15 making the request and approved by the chief judge of the
16 circuit court. Nothing in this subsection shall be
17 construed to require any clerk to provide any service not
18 otherwise required by law.
19 (s) Jury Services.
20 The clerk shall be entitled to receive, in addition
21 to other fees allowed by law, the sum of $180, as a fee
22 for the services of a jury in every civil action not
23 quasi-criminal in its nature and not a proceeding for the
24 exercise of the right of eminent domain and in every
25 other action wherein the right of trial by jury is or may
26 be given by law. The jury fee shall be paid by the party
27 demanding a jury at the time of filing the jury demand.
28 If the fee is not paid by either party, no jury shall be
29 called in the action or proceeding, and the same shall be
30 tried by the court without a jury.
31 (t) Voluntary Assignment.
32 For filing each deed of voluntary assignment, $10;
33 for recording the same, 25¢ for each 100 words.
34 Exceptions filed to claims presented to an assignee of a
-29- LRB9105988DJcd
1 debtor who has made a voluntary assignment for the
2 benefit of creditors shall be considered and treated, for
3 the purpose of taxing costs therein, as actions in which
4 the party or parties filing the exceptions shall be
5 considered as party or parties plaintiff, and the
6 claimant or claimants as party or parties defendant, and
7 those parties respectively shall pay to the clerk the
8 same fees as provided by this Section to be paid in other
9 actions.
10 (u) Expungement Petition.
11 The clerk shall be entitled to receive a fee of $30
12 for each expungement petition filed and an additional fee
13 of $2 for each certified copy of an order to expunge
14 arrest records.
15 (v) Probate.
16 The clerk is entitled to receive the fees specified in
17 this subsection (v), which shall be paid in advance, except
18 that, for good cause shown, the court may suspend, reduce, or
19 release the costs payable under this subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person,
22 $100, 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) proof of heirship alone is made,
28 (ii) a domestic or foreign will is admitted to
29 probate without administration (including proof of
30 heirship), or (iii) letters of office are issued for
31 a particular purpose without administration of the
32 estate, the fee shall be $25.
33 (2) For administration of the estate of a ward,
34 $50, plus the fees specified in subsection (v)(3),
-30- LRB9105988DJcd
1 except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be
4 $25.
5 (B) When (i) letters of office are issued to a
6 guardian of the person or persons, but not of the
7 estate or (ii) letters of office are issued in the
8 estate of a ward without administration of the
9 estate, including filing or joining in the filing of
10 a tax return or releasing a mortgage or consenting
11 to the marriage of the ward, the fee shall be $10.
12 (3) In addition to the fees payable under
13 subsection (v)(1) or (v)(2) of this Section, the
14 following fees are payable:
15 (A) For each account (other than one final
16 account) filed in the estate of a decedent, or ward,
17 $15.
18 (B) For filing a claim in an estate when the
19 amount claimed is $150 or more but less than $500,
20 $10; when the amount claimed is $500 or more but
21 less than $10,000, $25; when the amount claimed is
22 $10,000 or more, $40; provided that the court in
23 allowing a claim may add to the amount allowed the
24 filing fee paid by the claimant.
25 (C) For filing in an estate a claim, petition,
26 or supplemental proceeding based upon an action
27 seeking equitable relief including the construction
28 or contest of a will, enforcement of a contract to
29 make a will, and proceedings involving testamentary
30 trusts or the appointment of testamentary trustees,
31 $40.
32 (D) For filing in an estate (i) the appearance
33 of any person for the purpose of consent or (ii) the
34 appearance of an executor, administrator,
-31- LRB9105988DJcd
1 administrator to collect, guardian, guardian ad
2 litem, or special administrator, no fee.
3 (E) Except as provided in subsection
4 (v)(3)(D), for filing the appearance of any person
5 or persons, $10.
6 (F) For each jury demand, $90.
7 (G) For disposition of the collection of a
8 judgment or settlement of an action or claim for
9 wrongful death of a decedent or of any cause of
10 action of a ward, when there is no other
11 administration of the estate, $30, less any amount
12 paid under subsection (v)(1)(B) or (v)(2)(B) except
13 that if the amount involved does not exceed $5,000,
14 the fee, including any amount paid under subsection
15 (v)(1)(B) or (v)(2)(B), shall be $10.
16 (H) For each certified copy of letters of
17 office, of court order or other certification, $1,
18 plus 50¢ per page in excess of 3 pages for the
19 document certified.
20 (I) For each exemplification, $1, plus the fee
21 for certification.
22 (4) The executor, administrator, guardian,
23 petitioner, or other interested person or his or her
24 attorney shall pay the cost of publication by the clerk
25 directly to the newspaper.
26 (5) The person on whose behalf a charge is incurred
27 for witness, court reporter, appraiser, or other
28 miscellaneous fee shall pay the same directly to the
29 person entitled thereto.
30 (6) The executor, administrator, guardian,
31 petitioner, or other interested person or his attorney
32 shall pay to the clerk all postage charges incurred by
33 the clerk in mailing petitions, orders, notices, or other
34 documents pursuant to the provisions of the Probate Act
-32- LRB9105988DJcd
1 of 1975.
2 (w) Criminal and Quasi-Criminal Costs and Fees.
3 (1) The clerk shall be entitled to costs in all
4 criminal and quasi-criminal cases from each person
5 convicted or sentenced to supervision therein as follows:
6 (A) Felony complaints, $80.
7 (B) Misdemeanor complaints, $50.
8 (C) Business offense complaints, $50.
9 (D) Petty offense complaints, $50.
10 (E) Minor traffic or ordinance violations,
11 $22, of which $2 shall be disbursed to the State
12 Treasurer, who shall deposit that amount into the
13 Spinal Cord Injury Paralysis Research Fund $20.
14 (E-5) Minor ordinance violations, $20.
15 (F) When court appearance required, $30.
16 (G) Motions to vacate or amend final orders,
17 $20.
18 (H) Motions to vacate bond forfeiture orders,
19 $20.
20 (I) Motions to vacate ex parte judgments,
21 whenever filed, $20.
22 (J) Motions to vacate judgment on forfeitures,
23 whenever filed, $20.
24 (K) Motions to vacate "failure to appear" or
25 "failure to comply" notices sent to the Secretary of
26 State, $20.
27 (2) In counties having a population of more than
28 650,000 but fewer than 3,000,000 inhabitants, when the
29 violation complaint is issued by a municipal police
30 department, the clerk shall be entitled to costs from
31 each person convicted therein as follows:
32 (A) Minor traffic or ordinance violations,
33 $12, of which $2 shall be disbursed to the State
34 Treasurer, who shall deposit that amount into the
-33- LRB9105988DJcd
1 Spinal Cord Injury Paralysis Research Fund $10.
2 (A-5) Minor ordinance violations, $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 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 in 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.
-34- LRB9105988DJcd
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 (cc) Corrections of Numbers.
32 For correction of the case number, case title, or
33 attorney computer identification number, if required by
34 rule of court, on any document filed in the clerk's
-35- LRB9105988DJcd
1 office, to be charged against the party that filed the
2 document, $15.
3 (dd) Exceptions.
4 The fee requirements of this Section shall not apply
5 to police departments or other law enforcement agencies.
6 In this Section, "law enforcement agency" means an agency
7 of the State or a unit of local government which is
8 vested by law or ordinance with the duty to maintain
9 public order and to enforce criminal laws or ordinances.
10 "Law enforcement agency" also means the Attorney General
11 or any state's attorney. The fee requirements of this
12 Section shall not apply to any action instituted under
13 subsection (b) of Section 11-31-1 of the Illinois
14 Municipal Code by a private owner or tenant of real
15 property within 1200 feet of a dangerous or unsafe
16 building seeking an order compelling the owner or owners
17 of the building to take any of the actions authorized
18 under that subsection.
19 (ee) Adoptions.
20 (1) For an adoption.............................$65
21 (2) Upon good cause shown, the court may waive the
22 adoption filing fee in a special needs adoption. The
23 term "special needs adoption" shall have the meaning
24 ascribed to it by the Illinois Department of Children and
25 Family Services.
26 (ff) Adoption exemptions.
27 No fee other than that set forth in subsection (ee)
28 shall be charged to any person in connection with an
29 adoption proceeding.
30 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
31 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
32 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
33 Sec. 27.2a. The fees of the clerks of the circuit court
-36- LRB9105988DJcd
1 in all counties having a population of 3,000,000 or more
2 inhabitants in the instances described in this Section shall
3 be as provided in this Section. The fees shall be paid in
4 advance and shall be as follows:
5 (a) Civil Cases.
6 The fee for filing a complaint, petition, or other
7 pleading initiating a civil action, with the following
8 exceptions, shall be $190.
9 (A) When the amount of money or damages or the
10 value of personal property claimed does not exceed
11 $250, $15.
12 (B) When that amount exceeds $250 but does not
13 exceed $1000, $40.
14 (C) When that amount exceeds $1000 but does
15 not exceed $2500, $50.
16 (D) When that amount exceeds $2500 but does
17 not exceed $5000, $100.
18 (E) When that amount exceeds $5000 but does
19 not exceed $15,000, $150.
20 (F) For the exercise of eminent domain, $150.
21 For each additional lot or tract of land or right or
22 interest therein subject to be condemned, the
23 damages in respect to which shall require separate
24 assessment by a jury, $150.
25 (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, $75.
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, $225.
33 (c) Counterclaim or Joining Third Party Defendant.
34 When any defendant files a counterclaim as part of
-37- LRB9105988DJcd
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, $60. When the amount exceeds $1500, but
12 does not exceed $5000, $75. When the amount exceeds
13 $5000, but does not exceed $15,000, $175. When the amount
14 exceeds $15,000, $250.
15 (e) Appearance.
16 The fee for filing an appearance in each civil case
17 shall be $75, except as follows:
18 (A) When the plaintiff in a forcible entry and
19 detainer case seeks possession only, $40.
20 (B) When the amount in the case does not
21 exceed $1500, $40.
22 (C) When that amount exceeds $1500 but does
23 not exceed $15,000, $60.
24 (f) Garnishment, Wage Deduction, and Citation.
25 In garnishment affidavit, wage deduction affidavit,
26 and citation petition when the amount does not exceed
27 $1,000, $15; when the amount exceeds $1,000 but does not
28 exceed $5,000, $30; and when the amount exceeds $5,000,
29 $50.
30 (g) Petition to Vacate or Modify.
31 (1) Petition to vacate or modify any final judgment
32 or order of court, except in forcible entry and detainer
33 cases and small claims cases or a petition to reopen an
34 estate, to modify, terminate, or enforce a judgment or
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1 order for child or spousal support, or to modify,
2 suspend, or terminate an order for withholding, if filed
3 before 30 days after the entry of the judgment or order,
4 $50.
5 (2) Petition to vacate or modify any final judgment
6 or order of court, except a petition to modify,
7 terminate, or enforce a judgment or order for child or
8 spousal support or to modify, suspend, or terminate an
9 order for withholding, if filed later than 30 days after
10 the entry of the judgment or order, $75.
11 (3) Petition to vacate order of bond forfeiture,
12 $40.
13 (h) Mailing.
14 When the clerk is required to mail, the fee will be
15 $10, plus the cost of postage.
16 (i) Certified Copies.
17 Each certified copy of a judgment after the first,
18 except in small claims and forcible entry and detainer
19 cases, $15.
20 (j) Habeas Corpus.
21 For filing a petition for relief by habeas corpus,
22 $125.
23 (k) Certification, Authentication, and Reproduction.
24 (1) Each certification or authentication for taking
25 the acknowledgment of a deed or other instrument in
26 writing with the seal of office, $6.
27 (2) Court appeals when original documents are
28 forwarded, under 100 pages, plus delivery and costs, $75.
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery and costs, $150.
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, an additional fee of 25 cents
33 per page.
34 (5) For reproduction of any document contained in
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1 the clerk's files:
2 (A) First page, $2.
3 (B) Next 19 pages, 50 cents per page.
4 (C) All remaining pages, 25 cents per page.
5 (l) Remands.
6 In any cases remanded to the Circuit Court from the
7 Supreme Court or the Appellate Court for a new trial, the
8 clerk shall file the remanding order and reinstate the
9 case with either its original number or a new number.
10 The Clerk shall not charge any new or additional fee for
11 the reinstatement. Upon reinstatement the Clerk shall
12 advise the parties of the reinstatement. A party shall
13 have the same right to a jury trial on remand and
14 reinstatement as he or she had before the appeal, and no
15 additional or new fee or charge shall be made for a jury
16 trial after remand.
17 (m) Record Search.
18 For each record search, within a division or
19 municipal district, the clerk shall be entitled to a
20 search fee of $6 for each year searched.
21 (n) Hard Copy.
22 For each page of hard copy print output, when case
23 records are maintained on an automated medium, the clerk
24 shall be entitled to a fee of $6.
25 (o) Index Inquiry and Other Records.
26 No fee shall be charged for a single
27 plaintiff/defendant index inquiry or single case record
28 inquiry when this request is made in person and the
29 records are maintained in a current automated medium, and
30 when no hard copy print output is requested. The fees to
31 be charged for management records, multiple case records,
32 and multiple journal records may be specified by the
33 Chief Judge pursuant to the guidelines for access and
34 dissemination of information approved by the Supreme
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1 Court.
2 (p) Commitment Petitions.
3 For filing commitment petitions under the Mental
4 Health and Developmental Disabilities Code, $50.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, $5.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of $200, as a fee
27 for the services of a jury in every civil action not
28 quasi-criminal in its nature and not a proceeding for the
29 exercise of the right of eminent domain and in every
30 other action wherein the right of trial by jury is or may
31 be given by law. The jury fee shall be paid by the party
32 demanding a jury at the time of filing the jury demand.
33 If the fee is not paid by either party, no jury shall be
34 called in the action or proceeding, and the same shall be
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1 tried by the court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, $20;
4 for recording the same, 50¢ for each 100 words.
5 Exceptions filed to claims presented to an assignee of a
6 debtor who has made a voluntary assignment for the
7 benefit of creditors shall be considered and treated, for
8 the purpose of taxing costs therein, as actions in which
9 the party or parties filing the exceptions shall be
10 considered as party or parties plaintiff, and the
11 claimant or claimants as party or parties defendant, and
12 those parties respectively shall pay to the clerk the
13 same fees as provided by this Section to be paid in other
14 actions.
15 (u) Expungement Petition.
16 The clerk shall be entitled to receive a fee of $60
17 for each expungement petition filed and an additional fee
18 of $4 for each certified copy of an order to expunge
19 arrest records.
20 (v) Probate.
21 The clerk is entitled to receive the fees specified in
22 this subsection (v), which shall be paid in advance, except
23 that, for good cause shown, the court may suspend, reduce, or
24 release the costs payable under this subsection:
25 (1) For administration of the estate of a decedent
26 (whether testate or intestate) or of a missing person,
27 $150, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $40.
32 (B) When (i) proof of heirship alone is made,
33 (ii) a domestic or foreign will is admitted to
34 probate without administration (including proof of
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1 heirship), or (iii) letters of office are issued for
2 a particular purpose without administration of the
3 estate, the fee shall be $40.
4 (2) For administration of the estate of a ward,
5 $75, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $40.
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 $20.
17 (3) In addition to the fees payable under
18 subsection (v)(1) or (v)(2) of this Section, the
19 following fees are payable:
20 (A) For each account (other than one final
21 account) filed in the estate of a decedent, or ward,
22 $25.
23 (B) For filing a claim in an estate when the
24 amount claimed is $150 or more but less than $500,
25 $20; when the amount claimed is $500 or more but
26 less than $10,000, $40; when the amount claimed is
27 $10,000 or more, $60; provided that the court in
28 allowing a claim may add to the amount allowed the
29 filing fee paid by the claimant.
30 (C) For filing in an estate a claim, petition,
31 or supplemental proceeding based upon an action
32 seeking equitable relief including the construction
33 or contest of a will, enforcement of a contract to
34 make a will, and proceedings involving testamentary
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1 trusts or the appointment of testamentary trustees,
2 $60.
3 (D) For filing in an estate (i) the appearance
4 of any person for the purpose of consent or (ii) the
5 appearance of an executor, administrator,
6 administrator to collect, guardian, guardian ad
7 litem, or special administrator, no fee.
8 (E) Except as provided in subsection
9 (v)(3)(D), for filing the appearance of any person
10 or persons, $30.
11 (F) For each jury demand, $125.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, $50, less any amount
17 paid under subsection (v)(1)(B) or (v)(2)(B) except
18 that if the amount involved does not exceed $5,000,
19 the fee, including any amount paid under subsection
20 (v)(1)(B) or (v)(2)(B), shall be $20.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, $2,
23 plus $1 per page in excess of 3 pages for the
24 document certified.
25 (I) For each exemplification, $2, plus the fee
26 for certification.
27 (4) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay the cost of publication by the clerk
30 directly to the newspaper.
31 (5) The person on whose behalf a charge is incurred
32 for witness, court reporter, appraiser, or other
33 miscellaneous fee shall pay the same directly to the
34 person entitled thereto.
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1 (6) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay to the clerk all postage charges
4 incurred by the clerk in mailing petitions, orders,
5 notices, or other documents pursuant to the provisions of
6 the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8 (1) The clerk shall be entitled to costs in all
9 criminal and quasi-criminal cases from each person
10 convicted or sentenced to supervision therein as follows:
11 (A) Felony complaints, $125.
12 (B) Misdemeanor complaints, $75.
13 (C) Business offense complaints, $75.
14 (D) Petty offense complaints, $75.
15 (E) Minor traffic or ordinance violations,
16 $32, of which $2 shall be disbursed to the State
17 Treasurer, who shall deposit that amount into the
18 Spinal Cord Injury Paralysis Research Fund $30.
19 (E-5) Minor ordinance violations, $30.
20 (F) When court appearance required, $50.
21 (G) Motions to vacate or amend final orders,
22 $40.
23 (H) Motions to vacate bond forfeiture orders,
24 $30.
25 (I) Motions to vacate ex parte judgments,
26 whenever filed, $30.
27 (J) Motions to vacate judgment on forfeitures,
28 whenever filed, $25.
29 (K) Motions to vacate "failure to appear" or
30 "failure to comply" notices sent to the Secretary of
31 State, $40.
32 (2) In counties having a population of 3,000,000 or
33 more, when the violation complaint is issued by a
34 municipal police department, the clerk shall be entitled
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1 to costs from each person convicted therein as follows:
2 (A) Minor traffic or ordinance violations,
3 $32, of which $2 shall be disbursed to the State
4 Treasurer, who shall deposit that amount into the
5 Spinal Cord Injury Paralysis Research Fund $30.
6 (A-5) Minor ordinance violations, $30.
7 (B) When court appearance required, $50.
8 (3) In ordinance violation cases punishable by fine
9 only, the clerk of the circuit court shall be entitled to
10 receive, unless the fee is excused upon a finding by the
11 court that the defendant is indigent, in addition to
12 other fees or costs allowed or imposed by law, the sum of
13 $100 as a fee for the services of a jury. The jury fee
14 shall be paid by the defendant at the time of filing his
15 or her jury demand. If the fee is not so paid by the
16 defendant, no jury shall be called, and the case shall be
17 tried by the court without a jury.
18 (x) Transcripts of Judgment.
19 For the filing of a transcript of judgment, the
20 clerk shall be entitled to the same fee as if it were the
21 commencement of a new suit.
22 (y) Change of Venue.
23 (1) For the filing of a change of case on a change
24 of venue, the clerk shall be entitled to the same fee as
25 if it were the commencement of a new suit.
26 (2) The fee for the preparation and certification
27 of a record on a change of venue to another jurisdiction,
28 when original documents are forwarded, $40.
29 (z) Tax objection complaints.
30 For each tax objection complaint containing one or
31 more tax objections, regardless of the number of parcels
32 involved or the number of taxpayers joining in the
33 complaint, $50.
34 (aa) Tax Deeds.
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1 (1) Petition for tax deed, if only one parcel is
2 involved, $250.
3 (2) For each additional parcel, add a fee of $100.
4 (bb) Collections.
5 (1) For all collections made of others, except the
6 State and county and except in maintenance or child
7 support cases, a sum equal to 3.0% of the amount
8 collected and turned over.
9 (2) Interest earned on any funds held by the clerk
10 shall be turned over to the county general fund as an
11 earning of the office.
12 (3) For any check, draft, or other bank instrument
13 returned to the clerk for non-sufficient funds, account
14 closed, or payment stopped, $25.
15 (4) In child support and maintenance cases, the
16 clerk, if authorized by an ordinance of the county board,
17 may collect an annual fee of up to $36 from the person
18 making payment for administering the collection and
19 distribution of maintenance and child support payments.
20 This fee shall be in addition to and separate from
21 amounts ordered to be paid as maintenance or child
22 support and shall be deposited into a Separate
23 Maintenance and Child Support Collection Fund, of which
24 the clerk shall be the custodian, ex-officio, to be used
25 by the clerk to further maintenance and child supports in
26 his or her office. The clerk may recover from the person
27 making the maintenance or child support payment any
28 additional cost incurred in the collection of this annual
29 fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
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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, $25.
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. The fee
18 requirements of this Section shall not apply to any
19 action instituted under subsection (b) of Section 11-31-1
20 of the Illinois Municipal Code by a private owner or
21 tenant of real property within 1200 feet of a dangerous
22 or unsafe building seeking an order compelling the owner
23 or owners of the building to take any of the actions
24 authorized under that subsection.
25 (ee) Adoption.
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 105/27.5) (from Ch. 25, par. 27.5)
5 Sec. 27.5. All fees, fines, costs, additional penalties,
6 bail balances assessed or forfeited, and any other amount
7 paid by a person to the circuit clerk that equals an amount
8 less than $55, except amounts disbursed to the State
9 Treasurer under Sections 27.1, 27.1a, 27.2, and 27.2a of the
10 Clerks of Courts Act for deposit into the Spinal Cord Injury
11 Paralysis Research Fund and except restitution under Section
12 5-5-6 of the Unified Code of Corrections, reimbursement for
13 the costs of an emergency response as provided under Section
14 5-5-3 of the Unified Code of Corrections, any fees collected
15 for attending a traffic safety program under paragraph (c) of
16 Supreme Court Rule 529, any fee collected on behalf of a
17 State's Attorney under Section 4-2002 of the Counties Code or
18 a sheriff under Section 4-5001 of the Counties Code, or any
19 cost imposed under Section 124A-5 of the Code of Criminal
20 Procedure of 1963, for convictions, orders of supervision, or
21 any other disposition for a violation of Chapters 3, 4, 6,
22 11, and 12 of the Illinois Vehicle Code, or a similar
23 provision of a local ordinance, and any violation of the
24 Child Passenger Protection Act, or a similar provision of a
25 local ordinance, shall be disbursed within 60 days after
26 receipt by the circuit clerk as follows: 47% shall be
27 disbursed to the entity authorized by law to receive the fine
28 imposed in the case; 12% shall be disbursed to the State
29 Treasurer; and 41% shall be disbursed to the county's general
30 corporate fund. Of the 12% disbursed to the State Treasurer,
31 1/6 shall be deposited by the State Treasurer into the
32 Violent Crime Victims Assistance Fund, 1/2 shall be deposited
33 into the Traffic and Criminal Conviction Surcharge Fund, and
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1 1/3 shall be deposited into the Drivers Education Fund. For
2 fiscal years 1992 and 1993, amounts deposited into the
3 Violent Crime Victims Assistance Fund, the Traffic and
4 Criminal Conviction Surcharge Fund, or the Drivers Education
5 Fund shall not exceed 110% of the amounts deposited into
6 those funds in fiscal year 1991. Any amount that exceeds the
7 110% limit shall be distributed as follows: 50% shall be
8 disbursed to the county's general corporate fund and 50%
9 shall be disbursed to the entity authorized by law to receive
10 the fine imposed in the case. Not later than March 1 of each
11 year the circuit clerk shall submit a report of the amount of
12 funds remitted to the State Treasurer under this Section
13 during the preceding year based upon independent verification
14 of fines and fees. All counties shall be subject to this
15 Section, except that counties with a population under
16 2,000,000 may, by ordinance, elect not to be subject to this
17 Section. For offenses subject to this Section, judges shall
18 impose one total sum of money payable for violations. The
19 circuit clerk may add on no additional amounts except for
20 amounts that are required by Sections 27.3a and 27.3c of this
21 Act, unless those amounts are specifically waived by the
22 judge. With respect to money collected by the circuit clerk
23 as a result of forfeiture of bail, ex parte judgment or
24 guilty plea pursuant to Supreme Court Rule 529, the circuit
25 clerk shall first deduct and pay amounts required by Sections
26 27.3a and 27.3c of this Act. This Section is a denial and
27 limitation of home rule powers and functions under subsection
28 (h) of Section 6 of Article VII of the Illinois Constitution.
29 (Source: P.A. 89-234, eff. 1-1-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.