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91_HB1925ham002
LRB9104191WHmbam01
1 AMENDMENT TO HOUSE BILL 1925
2 AMENDMENT NO. . Amend House Bill 1925 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Clerks of Courts Act by changing
5 Sections 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Clerks of Courts Act is amended by
9 changing Sections 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c as
10 follows:
11 (705 ILCS 105/8) (from Ch. 25, par. 8)
12 Sec. 8. The clerks shall, in all cases, attend in person
13 to the duties of their offices, respectively, when it is
14 practicable so to do, and shall perform all the duties
15 thereof which can reasonably be performed by one person. In
16 the performance of the duties of the office of clerk of the
17 circuit court, any such clerk, after filing with the
18 Secretary of State his or her manual signature certified by
19 him or her under oath, may execute or cause to be executed
20 with a facsimile signature, in lieu of his or her original
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1 signature, all forms of process and notices issued by his or
2 her office.
3 "Facsimile signature" means a reproduction by engraving,
4 imprinting, stamping, electronic or digital execution, or
5 other means of the manual signature of an authorized officer.
6 When the seal of the clerk of the circuit court is
7 required in the execution of any process or notice issued by
8 the clerk's office, the clerk may cause the seal to be
9 printed, engraved, stamped, or electronically or digitally
10 imprinted, or otherwise placed in facsimile thereon. The
11 facsimile seal has the same effect as the impression of the
12 seal.
13 (Source: P.A. 83-346.)
14 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
15 Sec. 27.1. The fees of the Clerk of the Circuit Court in
16 all counties having a population of 180,000 inhabitants or
17 less shall be paid in advance, except as otherwise provided,
18 and shall be as follows:
19 (a) Civil Cases
20 (1) All civil cases except as otherwise
21 provided........................................... $40
22 (2) Judicial Sales (except Probate).......... $40
23 (b) Family
24 (1) Commitment petitions under the Mental
25 Health and Developmental Disabilities Code, filing
26 transcript of commitment proceedings held in
27 another county, and cases under the Juvenile Court
28 Act of 1987........................................ $25
29 (2) Petition for Marriage Licenses........... $10
30 (3) Marriages in Court....................... $10
31 (4) Paternity................................ $40
32 (c) Criminal and Quasi-Criminal
33 (1) Each person convicted of a felony........ $40
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1 (2) Each person convicted of a misdemeanor,
2 leaving scene of an accident, driving while
3 intoxicated, reckless driving or drag racing,
4 driving when license revoked or suspended,
5 overweight, or no interstate commerce certificate,
6 or when the disposition is court supervision....... $25
7 (3) Each person convicted of a business
8 offense............................................ $25
9 (4) Each person convicted of a petty offense. $25
10 (5) Minor traffic, conservation, or
11 ordinance violation, including
12 without limitation when the disposition is
13 court supervision:
14 (i) For each offense.................... $10
15 (ii) For each notice sent to the
16 defendant's last known address pursuant to
17 subsection (c) of Section 6-306.4 of the Illinois
18 Vehicle Code....................................... $2
19 (iii) For each notice sent to the
20 Secretary of State pursuant to subsection (c) of
21 Section 6-306.4 of the Illinois Vehicle Code....... $2
22 (6) When Court Appearance required........... $15
23 (7) Motions to vacate or amend final orders.. $10
24 (8) In ordinance violation cases punishable
25 by fine only, the clerk of the circuit court shall
26 be entitled to receive, unless the fee is excused
27 upon a finding by the court that the defendant is
28 indigent, in addition to other fees or costs
29 allowed or imposed by law, the sum of $50 as a fee
30 for the services of a jury. The jury fee shall be
31 paid by the defendant at the time of filing his or
32 her jury demand. If the fee is not so paid by the
33 defendant, no jury shall be called, and the case
34 shall be tried by the court without a jury.
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1 (d) Other Civil Cases
2 (1) Money or personal property claimed does
3 not exceed $500.................................... $10
4 (2) Exceeds $500 but not more than $10,000... $25
5 (3) Exceeds $10,000, when relief in addition
6 to or supplemental to recovery of money alone is
7 sought in an action to recover personal property
8 taxes or retailers occupational tax regardless of
9 amount claimed..................................... $45
10 (4) The Clerk of the Circuit Court shall be
11 entitled to receive, in addition to other fees
12 allowed by law, the sum of $50, as a fee for the
13 services of a jury in every civil action not
14 quasi-criminal in its nature and not a proceeding
15 for the exercise of the right of eminent domain,
16 and in every equitable action wherein the right of
17 trial by jury is or may be given by law. The jury
18 fee shall be paid by the party demanding a jury at
19 the time of filing his jury demand. If such a fee
20 is not paid by either party, no jury shall be
21 called in the action, suit, or proceeding, and the
22 same shall be tried by the court without a jury.
23 (e) Confession of judgment and answer
24 (1) When the amount does not exceed $1,000... $20
25 (2) Exceeds $1,000........................... $40
26 (f) Auxiliary Proceedings
27 Any auxiliary proceeding relating to the
28 collection of a money judgment, including
29 garnishment, citation, or wage deduction action.... $5
30 (g) Forcible entry and detainer
31 (1) For possession only or possession and
32 rent not in excess of $10,000...................... $10
33 (2) For possession and rent in excess of
34 $10,000............................................ $40
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1 (h) Eminent Domain
2 (1) Exercise of Eminent Domain............... $45
3 (2) For each and every lot or tract of land
4 or right or interest therein subject to be
5 condemned, the damages in respect to which shall
6 require separate assessments by a jury............. $45
7 (i) Reinstatement
8 Each case including petition for modification
9 of a judgment or order of Court if filed later than
10 30 days after the entry of a judgment or order,
11 except in forcible entry and detainer cases and
12 small claims and except a petition to modify,
13 terminate, or enforce a judgement or order for
14 child or spousal support or to modify, suspend, or
15 terminate an order for withholding, petition to
16 vacate judgment of dismissal for want of
17 prosecution whenever filed, petition to reopen an
18 estate, or redocketing of any cause................ $20
19 (j) Probate
20 (1) Administration of decedent's estates,
21 whether testate or intestate, guardianships of the
22 person or estate or both of a person under legal
23 disability, guardianships of the person or estate
24 or both of a minor or minors, or petitions to sell
25 real estate in the administration of any estate.... $50
26 (2) Small estates in cases where the real and
27 personal property of an estate does not exceed
28 $5,000............................................. $25
29 (3) At any time during the administration of
30 the estate, however, at the request of the Clerk,
31 the Court shall examine the record of the estate
32 and the personal representative to determine the
33 total value of the real and personal property of
34 the estate, and if such value exceeds $5,000 shall
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1 order the payment of an additional fee in the
2 amount of.......................................... $40
3 (4) Inheritance tax proceedings.............. $15
4 (5) Issuing letters only for a certain
5 specific reason other than the administration of an
6 estate, including but not limited to the release of
7 mortgage; the issue of letters of guardianship in
8 order that consent to marriage may be granted or
9 for some other specific reason other than for the
10 care of property or person; proof of heirship
11 without administration; or when a will is to be
12 admitted to probate, but the estate is to be
13 settled without administration..................... $10
14 (6) When a separate complaint relating to any
15 matter other than a routine claim is filed in an
16 estate, the required additional fee shall be
17 charged for such filing............................ $45
18 (k) Change of Venue
19 From a court, the charge is the same amount as
20 the original filing fee; however, the fee for
21 preparation and certification of record on change
22 of venue, when original documents or copies are
23 forwarded.......................................... $10
24 (l) Answer, adverse pleading, or appearance
25 In civil cases.......... $15
26 With the following exceptions:
27 (1) When the amount does not exceed $500..... $5
28 (2) When amount exceeds $500 but not $10,000. $10
29 (3) When amount exceeds $10,000.............. $15
30 (4) Court appeals when documents are
31 forwarded, over 200 pages, additional fee per page
32 over 200........................................... 10¢
33 (m) Tax objection complaints
34 For each tax objection complaint containing
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1 one or more tax objections, regardless of the
2 number of parcels involved or the number of
3 taxpayers joining the complaint.................... $10
4 (n) Tax deed
5 (1) Petition for tax deed, if only one parcel
6 is involved........................................ $45
7 (2) For each additional parcel involved, an
8 additional fee of.................................. $10
9 (o) Mailing Notices and Processes
10 (1) All notices that the clerk is required to
11 mail as first class mail........................... $2
12 (2) For all processes or notices the Clerk is
13 required to mail by certified or registered mail,
14 the fee will be $2 plus cost of postage.
15 (p) Certification or Authentication
16 (1) Each certification or authentication for
17 taking the acknowledgement of a deed or other
18 instrument in writing with seal of office.......... $2
19 (2) Court appeals when original documents are
20 forwarded, 100 pages or under, plus delivery costs. $25
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery costs..... $60
23 (4) Court appeals when original documents are
24 forwarded, over 200 pages, additional fee per page
25 over 200........................................... 10¢
26 (q) Reproductions
27 Each record of proceedings and judgment,
28 whether on appeal, change of venue, certified
29 copies of orders and judgments, and all other
30 instruments, documents, records, or papers:
31 (1) First page.......................... $1
32 (2) Next 19 pages, per page............. 50¢
33 (3) All remaining pages, per page....... 25¢
34 (r) Counterclaim
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1 When any defendant files a counterclaim as
2 part of his or her answer or otherwise, or joins
3 another party as a third party defendant, or both,
4 he or she shall pay a fee for each such
5 counterclaim or third party action in an amount
6 equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the
8 relief sought in the counterclaim or against the
9 third party defendant, less the amount of the
10 appearance fee, if that has been paid.
11 (s) Transcript of Judgment
12 From a court, the same fee as if case
13 originally filed.
14 (t) Publications
15 The cost of publication shall be paid directly
16 to the publisher by the person seeking the
17 publication, whether the clerk is required by law
18 to publish, or the parties to the action.
19 (u) Collections
20 (1) For all collections made for others,
21 except the State and County and except in
22 maintenance or child support cases, a sum equal to
23 2% of the amount collected and turned over.
24 (2) In any cases remanded to the Circuit
25 Court from the Supreme Court or the Appellate
26 Court, the Clerk shall file the remanding order and
27 reinstate the case with either its original number
28 or a new number. The Clerk shall not charge any
29 new or additional fee for the reinstatement. Upon
30 reinstatement the Clerk shall advise the parties of
31 the reinstatement. A party shall have the same
32 right to a jury trial on remand and reinstatement
33 as he or she had before the appeal, and no
34 additional or new fee or charge shall be made for a
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1 jury trial after remand.
2 (3) In maintenance and child support matters,
3 the Clerk may deduct from each payment an amount
4 equal to the United States postage to be used in
5 mailing the maintenance or child support check to
6 the recipient. In such cases, the Clerk shall
7 collect an annual fee of up to $36 from the person
8 making such payment for administering the
9 collection and distribution of maintenance and
10 child support payments. Such sum shall be in
11 addition to and separate from amounts ordered to be
12 paid as maintenance or child support and shall be
13 deposited in a separate Maintenance and Child
14 Support Collection Fund of which the Clerk shall be
15 the custodian, ex officio, to be used by the Clerk
16 to further maintenance and child support collection
17 efforts in his office. Unless paid in cash or
18 pursuant to an order for withholding, the payment
19 of the fee shall be by a separate instrument from
20 the support payment and shall be made to the order
21 of the Clerk. The Clerk may recover from the person
22 making the maintenance or child support payment any
23 additional cost incurred in the collection of this
24 annual fee.
25 The Clerk shall also be entitled to a fee of
26 $5 for certifications made to the Secretary of
27 State as provided in Section 7-703 of the Family
28 Financial Responsibility Law and these fees shall
29 also be deposited into the Separate Maintenance and
30 Child Support Collection Fund.
31 (v) Correction of Cases
32 For correcting the case number or case title
33 on any document filed in his office, to be charged
34 against the party that filed the document.......... $10
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1 (w) Record Search
2 For searching a record, per year searched..... $4
3 (x) Printed Output
4 For each page of hard copy print output, when
5 case records are maintained on an automated medium. $2
6 (y) Alias Summons
7 For each alias summons issued................. $2
8 (z) Expungement of Records
9 For each expungement petition filed........... $15
10 (aa) Other Fees
11 Any fees not covered by this Section shall be set by
12 rule or administrative order of the Circuit Court, with
13 the approval of the Supreme Court.
14 (bb) Exemptions
15 No fee provided for herein shall be charged to any
16 unit of State or local government or school district
17 unless the Court orders another party to pay such fee on
18 its behalf. The fee requirements of this Section shall
19 not apply to police departments or other law enforcement
20 agencies. In this Section, "law enforcement agency"
21 means an agency of the State or a unit of local
22 government that is vested by law or ordinance with the
23 duty to maintain public order and to enforce criminal
24 laws and ordinances. The fee requirements of this Section
25 shall not apply to any action instituted under subsection
26 (b) of Section 11-31-1 of the Illinois Municipal Code by
27 a private owner or tenant of real property within 1200
28 feet of a dangerous or unsafe building seeking an order
29 compelling the owner or owners of the building to take
30 any of the actions authorized under that subsection.
31 (cc) Adoptions
32 (1) For an adoption.............................$65
33 (2) Upon good cause shown, the court may waive the
34 adoption filing fee in a special needs adoption. The
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1 term "special needs adoption" shall have the meaning
2 ascribed to it by the Illinois Department of Children and
3 Family Services.
4 (3) For requesting a copy of a judgment for
5 adoption, relief from a final judgment or order,
6 appointment of a confidential intermediary, or requesting
7 non-identifying information...........................$40
8 (dd) Adoption exemptions
9 No fee other than that set forth in subsection (cc)
10 shall be charged to any person in connection with an
11 adoption proceeding.
12 (ee) Additional Services
13 Beginning July 1, 1993, the clerk of the circuit
14 court may provide such additional services for which
15 there is no fee specified by statute in connection with
16 the operation of the clerk's office as may be requested
17 by the public and agreed to by the public and by the
18 clerk. Any charges for additional services shall be as
19 agreed to between the clerk and the party making the
20 request. Nothing in this subsection shall be as agreed to
21 between the clerk and the party making the request.
22 Nothing in this subsection shall be construed to require
23 any clerk to provide any service not otherwise required
24 by law.
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; revised
27 12-31-98.)
28 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
29 Sec. 27.1a. The fees of the clerks of the circuit court
30 in all counties having a population in excess of 180,000 but
31 not more than 650,000 inhabitants in the instances described
32 in this Section shall be as provided in this Section. The
33 fees shall be paid in advance and shall be as follows:
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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 $150.
5 (A) When the amount of money or damages or the
6 value of personal property claimed does not exceed
7 $250, $10.
8 (B) When that amount exceeds $250 but does not
9 exceed $500, $20.
10 (C) When that amount exceeds $500 but does not
11 exceed $2500, $30.
12 (D) When that amount exceeds $2500 but does
13 not exceed $15,000, $75.
14 (E) For the exercise of eminent domain, $150.
15 For each additional lot or tract of land or right or
16 interest therein subject to be condemned, the
17 damages in respect to which shall require separate
18 assessment by a jury, $150.
19 (a-1) Family.
20 For filing a petition under the Juvenile Court Act
21 of 1987, $25.
22 For filing a petition for a marriage license, $10.
23 For performing a marriage in court, $10.
24 For filing a petition under the Illinois Parentage
25 Act of 1984, $40.
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, $40.
31 When the plaintiff unites his or her claim for possession
32 with a claim for rent or damages or both exceeding
33 $15,000, $150.
34 (c) Counterclaim or Joining Third Party Defendant.
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1 When any defendant files a counterclaim as part of
2 his or her answer or otherwise or joins another party as
3 a third party defendant, or both, the defendant shall pay
4 a fee for each counterclaim or third party action in an
5 amount equal to the fee he or she would have had to pay
6 had he or she brought a separate action for the relief
7 sought in the counterclaim or against the third party
8 defendant, less the amount of the appearance fee, if that
9 has been paid.
10 (d) Confession of Judgment.
11 In a confession of judgment when the amount does not
12 exceed $1500, $50. When the amount exceeds $1500, but
13 does not exceed $15,000, $115. When the amount exceeds
14 $15,000, $200.
15 (e) Appearance.
16 The fee for filing an appearance in each civil case
17 shall be $50, except as follows:
18 (A) When the plaintiff in a forcible entry and
19 detainer case seeks possession only, $20.
20 (B) When the amount in the case does not
21 exceed $1500, $20.
22 (C) When that amount exceeds $1500 but does
23 not exceed $15,000, $40.
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, $10; when the amount exceeds $1,000 but does not
28 exceed $5,000, $20; and when the amount exceeds $5,000,
29 $30.
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 $40.
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, $60.
11 (3) Petition to vacate order of bond forfeiture,
12 $20.
13 (h) Mailing.
14 When the clerk is required to mail, the fee will be
15 $6, 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, $10.
20 (j) Habeas Corpus.
21 For filing a petition for relief by habeas corpus,
22 $80.
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, $4.
27 (2) Court appeals when original documents are
28 forwarded, under 100 pages, plus delivery and costs, $50.
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery and costs, $120.
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, an additional fee of 20 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. The
10 Clerk shall not charge any new or additional fee for the
11 reinstatement. Upon reinstatement the Clerk shall advise
12 the parties of the reinstatement. A party shall have the
13 same right to a jury trial on remand and reinstatement as
14 he or she had before the appeal, and no additional or new
15 fee or charge shall be made for a jury trial after
16 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 $4 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 $4.
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 and for filing
5 a transcript of commitment proceedings held in another
6 county, $25.
7 (q) Alias Summons.
8 For each alias summons or citation issued by the
9 clerk, $4.
10 (r) Other Fees.
11 Any fees not covered in this Section shall be set by
12 rule or administrative order of the Circuit Court with
13 the approval of the Administrative Office of the Illinois
14 Courts.
15 The clerk of the circuit court may provide
16 additional services for which there is no fee specified
17 by statute in connection with the operation of the
18 clerk's office as may be requested by the public and
19 agreed to by the clerk and approved by the chief judge of
20 the circuit court. Any charges for additional services
21 shall be as agreed to between the clerk and the party
22 making the request and approved by the chief judge of the
23 circuit court. Nothing in this subsection shall be
24 construed to require any clerk to provide any service not
25 otherwise required by law.
26 (s) Jury Services.
27 The clerk shall be entitled to receive, in addition
28 to other fees allowed by law, the sum of $180, as a fee
29 for the services of a jury in every civil action not
30 quasi-criminal in its nature and not a proceeding for the
31 exercise of the right of eminent domain and in every
32 other action wherein the right of trial by jury is or may
33 be given by law. The jury fee shall be paid by the party
34 demanding a jury at the time of filing the jury demand.
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1 If the fee is not paid by either party, no jury shall be
2 called in the action or proceeding, and the same shall be
3 tried by the court without a jury.
4 (t) Voluntary Assignment.
5 For filing each deed of voluntary assignment, $10;
6 for recording the same, 25¢ for each 100 words.
7 Exceptions filed to claims presented to an assignee of a
8 debtor who has made a voluntary assignment for the
9 benefit of creditors shall be considered and treated, for
10 the purpose of taxing costs therein, as actions in which
11 the party or parties filing the exceptions shall be
12 considered as party or parties plaintiff, and the
13 claimant or claimants as party or parties defendant, and
14 those parties respectively shall pay to the clerk the
15 same fees as provided by this Section to be paid in other
16 actions.
17 (u) Expungement Petition.
18 The clerk shall be entitled to receive a fee of $30
19 for each expungement petition filed and an additional fee
20 of $2 for each certified copy of an order to expunge
21 arrest records.
22 (v) Probate.
23 The clerk is entitled to receive the fees specified in
24 this subsection (v), which shall be paid in advance, except
25 that, for good cause shown, the court may suspend, reduce, or
26 release the costs payable under this subsection:
27 (1) For administration of the estate of a decedent
28 (whether testate or intestate) or of a missing person,
29 $100, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $25.
34 (B) When (i) proof of heirship alone is made,
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1 (ii) a domestic or foreign will is admitted to
2 probate without administration (including proof of
3 heirship), or (iii) letters of office are issued for
4 a particular purpose without administration of the
5 estate, the fee shall be $25.
6 (2) For administration of the estate of a ward,
7 $50, plus the fees specified in subsection (v)(3),
8 except:
9 (A) When the value of the real and personal
10 property does not exceed $15,000, the fee shall be
11 $25.
12 (B) When (i) letters of office are issued to a
13 guardian of the person or persons, but not of the
14 estate or (ii) letters of office are issued in the
15 estate of a ward without administration of the
16 estate, including filing or joining in the filing of
17 a tax return or releasing a mortgage or consenting
18 to the marriage of the ward, the fee shall be $10.
19 (3) In addition to the fees payable under
20 subsection (v)(1) or (v)(2) of this Section, the
21 following fees are payable:
22 (A) For each account (other than one final
23 account) filed in the estate of a decedent, or ward,
24 $15.
25 (B) For filing a claim in an estate when the
26 amount claimed is $150 or more but less than $500,
27 $10; when the amount claimed is $500 or more but
28 less than $10,000, $25; when the amount claimed is
29 $10,000 or more, $40; provided that the court in
30 allowing a claim may add to the amount allowed the
31 filing fee paid by the claimant.
32 (C) For filing in an estate a claim, petition,
33 or supplemental proceeding based upon an action
34 seeking equitable relief including the construction
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1 or contest of a will, enforcement of a contract to
2 make a will, and proceedings involving testamentary
3 trusts or the appointment of testamentary trustees,
4 $40.
5 (D) For filing in an estate (i) the appearance
6 of any person for the purpose of consent or (ii) the
7 appearance of an executor, administrator,
8 administrator to collect, guardian, guardian ad
9 litem, or special administrator, no fee.
10 (E) Except as provided in subsection
11 (v)(3)(D), for filing the appearance of any person
12 or persons, $10.
13 (F) For each jury demand, $90.
14 (G) For disposition of the collection of a
15 judgment or settlement of an action or claim for
16 wrongful death of a decedent or of any cause of
17 action of a ward, when there is no other
18 administration of the estate, $30, less any amount
19 paid under subsection (v)(1)(B) or (v)(2)(B) except
20 that if the amount involved does not exceed $5,000,
21 the fee, including any amount paid under subsection
22 (v)(1)(B) or (v)(2)(B), shall be $10.
23 (H) For each certified copy of letters of
24 office, of court order or other certification, $1,
25 plus 50¢ per page in excess of 3 pages for the
26 document certified.
27 (I) For each exemplification, $1, plus the fee
28 for certification.
29 (4) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay the cost of publication by the clerk
32 directly to the newspaper.
33 (5) The person on whose behalf a charge is incurred
34 for witness, court reporter, appraiser, or other
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1 miscellaneous fee shall pay the same directly to the
2 person entitled thereto.
3 (6) The executor, administrator, guardian,
4 petitioner, or other interested person or his or her
5 attorney shall pay to the clerk all postage charges
6 incurred by the clerk in mailing petitions, orders,
7 notices, or other documents pursuant to the provisions of
8 the Probate Act of 1975.
9 (w) Criminal and Quasi-Criminal Costs and Fees.
10 (1) The clerk shall be entitled to costs in all
11 criminal and quasi-criminal cases from each person
12 convicted or sentenced to supervision therein as follows:
13 (A) Felony complaints, $80.
14 (B) Misdemeanor complaints, $50.
15 (C) Business offense complaints, $50.
16 (D) Petty offense complaints, $50.
17 (E) Minor traffic or ordinance violations,
18 $20.
19 (F) When court appearance required, $30.
20 (G) Motions to vacate or amend final orders,
21 $20.
22 (H) Motions to vacate bond forfeiture orders,
23 $20.
24 (I) Motions to vacate ex parte judgments,
25 whenever filed, $20.
26 (J) Motions to vacate judgment on forfeitures,
27 whenever filed, $20.
28 (K) Motions to vacate "failure to appear" or
29 "failure to comply" notices sent to the Secretary of
30 State, $20.
31 (2) In counties having a population in excess of
32 180,000 but not more than 650,000 inhabitants, when the
33 violation complaint is issued by a municipal police
34 department, the clerk shall be entitled to costs from
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1 each person convicted therein as follows:
2 (A) Minor traffic or ordinance violations,
3 $10.
4 (B) When court appearance required, $15.
5 (3) In ordinance violation cases punishable by fine
6 only, the clerk of the circuit court shall be entitled to
7 receive, unless the fee is excused upon a finding by the
8 court that the defendant is indigent, in addition to
9 other fees or costs allowed or imposed by law, the sum of
10 $50 as a fee for the services of a jury. The jury fee
11 shall be paid by the defendant at the time of filing his
12 or her jury demand. If the fee is not so paid by the
13 defendant, no jury shall be called, and the case shall be
14 tried by the court without a jury.
15 (x) Transcripts of Judgment.
16 For the filing of a transcript of judgment, the
17 clerk shall be entitled to the same fee as if it were the
18 commencement of a new suit.
19 (y) Change of Venue.
20 (1) For the filing of a change of case on a change
21 of venue, the clerk shall be entitled to the same fee as
22 if it were the commencement of a new suit.
23 (2) The fee for the preparation and certification
24 of a record on a change of venue to another jurisdiction,
25 when original documents are forwarded, $25.
26 (z) Tax objection complaints.
27 For each tax objection complaint containing one or
28 more tax objections, regardless of the number of parcels
29 involved or the number of taxpayers joining on the
30 complaint, $25.
31 (aa) Tax Deeds.
32 (1) Petition for tax deed, if only one parcel is
33 involved, $150.
34 (2) For each additional parcel, add a fee of $50.
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1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to 2.5% of the amount
5 collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for administering the collection and
16 distribution of maintenance and child support payments.
17 This fee shall be in addition to and separate from
18 amounts ordered to be paid as maintenance or child
19 support and shall be deposited into a Separate
20 Maintenance and Child Support Collection Fund, of which
21 the clerk shall be the custodian, ex-officio, to be used
22 by the clerk to further maintenance and child supports in
23 his or her office. The clerk may recover from the person
24 making the maintenance or child support payment any
25 additional cost incurred in the collection of this annual
26 fee.
27 The clerk shall also be entitled to a fee of $5 for
28 certifications made to the Secretary of State as provided
29 in Section 7-703 of the Family Financial Responsibility
30 Law and these fees shall also be deposited into the
31 Separate Maintenance and Child Support Collection Fund.
32 (cc) Corrections of Numbers.
33 For correction of the case number, case title, or
34 attorney computer identification number, if required by
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1 rule of court, on any document filed in the clerk's
2 office, to be charged against the party that filed the
3 document, $15.
4 (dd) Exceptions.
5 (1) The fee requirements of this Section shall not
6 apply to police departments or other law enforcement
7 agencies. In this Section, "law enforcement agency"
8 means an agency of the State or a unit of local
9 government which is vested by law or ordinance with the
10 duty to maintain public order and to enforce criminal
11 laws or ordinances. "Law enforcement agency" also means
12 the Attorney General or any state's attorney.
13 (2) No fee provided herein shall be charged to any
14 unit of local government or school district.
15 (3) The fee requirements of this Section shall not
16 apply to any action instituted under subsection (b) of
17 Section 11-31-1 of the Illinois Municipal Code by a
18 private owner or tenant of real property within 1200 feet
19 of a dangerous or unsafe building seeking an order
20 compelling the owner or owners of the building to take
21 any of the actions authorized under that subsection.
22 (ee) Adoptions.
23 (1) For an adoption, requesting a copy of a
24 judgment for adoption, relief from a final judgment or
25 order, appointment of a confidential intermediary, or
26 requesting non-identifying information................$65
27 (2) Upon good cause shown, the court may waive the
28 adoption filing fee in a special needs adoption. The
29 term "special needs adoption" shall have the meaning
30 ascribed to it by the Illinois Department of Children and
31 Family Services.
32 (ff) Adoption exemptions.
33 No fee other than that set forth in subsection (ee)
34 shall be charged to any person in connection with an
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1 adoption proceeding.
2 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
3 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
4 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
5 Sec. 27.2. The fees of the clerks of the circuit court
6 in all counties having a population in excess of 650,000
7 inhabitants but less than 3,000,000 inhabitants in the
8 instances described in this Section shall be as provided in
9 this Section. In addition, the fees provided in this Section
10 shall apply to all units of local government and school
11 districts in counties with more than 3,000,000 inhabitants.
12 The fees shall be paid in advance and shall be as follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $150.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $10.
20 (B) When that amount exceeds $250 but does not
21 exceed $500, $20.
22 (C) When that amount exceeds $500 but does not
23 exceed $2500, $30.
24 (D) When that amount exceeds $2500 but does
25 not exceed $15,000, $75.
26 (E) For the exercise of eminent domain, $150.
27 For each additional lot or tract of land or right or
28 interest therein subject to be condemned, the
29 damages in respect to which shall require separate
30 assessment by a jury, $150.
31 (b) Forcible Entry and Detainer.
32 In each forcible entry and detainer case when the
33 plaintiff seeks possession only or unites with his or her
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1 claim for possession of the property a claim for rent or
2 damages or both in the amount of $15,000 or less, $40.
3 When the plaintiff unites his or her claim for possession
4 with a claim for rent or damages or both exceeding
5 $15,000, $150.
6 (c) Counterclaim or Joining Third Party Defendant.
7 When any defendant files a counterclaim as part of
8 his or her answer or otherwise or joins another party as
9 a third party defendant, or both, the defendant shall pay
10 a fee for each counterclaim or third party action in an
11 amount equal to the fee he or she would have had to pay
12 had he or she brought a separate action for the relief
13 sought in the counterclaim or against the third party
14 defendant, less the amount of the appearance fee, if that
15 has been paid.
16 (d) Confession of Judgment.
17 In a confession of judgment when the amount does not
18 exceed $1500, $50. When the amount exceeds $1500, but
19 does not exceed $15,000, $115. When the amount exceeds
20 $15,000, $200.
21 (e) Appearance.
22 The fee for filing an appearance in each civil case
23 shall be $50, except as follows:
24 (A) When the plaintiff in a forcible entry and
25 detainer case seeks possession only; $20.
26 (B) When the amount in the case does not
27 exceed $1500, $20.
28 (C) When that amount exceeds $1500 but does
29 not exceed $15,000, $40.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, $10; when the amount exceeds $1,000 but does not
34 exceed $5,000, $20; and when the amount exceeds $5,000,
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1 $30.
2 (g) Petition to Vacate or Modify.
3 (1) Petition to vacate or modify any final judgment
4 or order of court, except in forcible entry and detainer
5 cases and small claims cases or a petition to reopen an
6 estate, to modify, terminate, or enforce a judgment or
7 order for child or spousal support, or to modify,
8 suspend, or terminate an order for withholding, if filed
9 before 30 days after the entry of the judgment or order,
10 $40.
11 (2) Petition to vacate or modify any final judgment
12 or order of court, except a petition to modify,
13 terminate, or enforce a judgment or order for child or
14 spousal support or to modify, suspend, or terminate an
15 order for withholding, if filed later than 30 days after
16 the entry of the judgment or order, $60.
17 (3) Petition to vacate order of bond forfeiture,
18 $20.
19 (h) Mailing.
20 When the clerk is required to mail, the fee will be
21 $6, plus the cost of postage.
22 (i) Certified Copies.
23 Each certified copy of a judgment after the first,
24 except in small claims and forcible entry and detainer
25 cases, $10.
26 (j) Habeas Corpus.
27 For filing a petition for relief by habeas corpus,
28 $80.
29 (k) Certification, Authentication, and Reproduction.
30 (1) Each certification or authentication for taking
31 the acknowledgment of a deed or other instrument in
32 writing with the seal of office, $4.
33 (2) Court appeals when original documents are
34 forwarded, under 100 pages, plus delivery and costs, $50.
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1 (3) Court appeals when original documents are
2 forwarded, over 100 pages, plus delivery and costs, $120.
3 (4) Court appeals when original documents are
4 forwarded, over 200 pages, an additional fee of 20 cents
5 per page.
6 (5) For reproduction of any document contained in
7 the clerk's files:
8 (A) First page, $2.
9 (B) Next 19 pages, 50 cents per page.
10 (C) All remaining pages, 25 cents per page.
11 (l) Remands.
12 In any cases remanded to the Circuit Court from the
13 Supreme Court or the Appellate Court for a new trial, the
14 clerk shall file the remanding order and reinstate the
15 case with either its original number or a new number.
16 The Clerk shall not charge any new or additional fee for
17 the reinstatement. Upon reinstatement the Clerk shall
18 advise the parties of the reinstatement. A party shall
19 have the same right to a jury trial on remand and
20 reinstatement as he or she had before the appeal, and no
21 additional or new fee or charge shall be made for a jury
22 trial after remand.
23 (m) Record Search.
24 For each record search, within a division or
25 municipal district, the clerk shall be entitled to a
26 search fee of $4 for each year searched.
27 (n) Hard Copy.
28 For each page of hard copy print output, when case
29 records are maintained on an automated medium, the clerk
30 shall be entitled to a fee of $4.
31 (o) Index Inquiry and Other Records.
32 No fee shall be charged for a single
33 plaintiff/defendant index inquiry or single case record
34 inquiry when this request is made in person and the
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1 records are maintained in a current automated medium, and
2 when no hard copy print output is requested. The fees to
3 be charged for management records, multiple case records,
4 and multiple journal records may be specified by the
5 Chief Judge pursuant to the guidelines for access and
6 dissemination of information approved by the Supreme
7 Court.
8 (p) Commitment Petitions.
9 For filing commitment petitions under the Mental
10 Health and Developmental Disabilities Code, $25.
11 (q) Alias Summons.
12 For each alias summons or citation issued by the
13 clerk, $4.
14 (r) Other Fees.
15 Any fees not covered in this Section shall be set by
16 rule or administrative order of the Circuit Court with
17 the approval of the Administrative Office of the Illinois
18 Courts.
19 The clerk of the circuit court may provide
20 additional services for which there is no fee specified
21 by statute in connection with the operation of the
22 clerk's office as may be requested by the public and
23 agreed to by the clerk and approved by the chief judge of
24 the circuit court. Any charges for additional services
25 shall be as agreed to between the clerk and the party
26 making the request and approved by the chief judge of the
27 circuit court. Nothing in this subsection shall be
28 construed to require any clerk to provide any service not
29 otherwise required by law.
30 (s) Jury Services.
31 The clerk shall be entitled to receive, in addition
32 to other fees allowed by law, the sum of $180, as a fee
33 for the services of a jury in every civil action not
34 quasi-criminal in its nature and not a proceeding for the
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1 exercise of the right of eminent domain and in every
2 other action wherein the right of trial by jury is or may
3 be given by law. The jury fee shall be paid by the party
4 demanding a jury at the time of filing the jury demand.
5 If the fee is not paid by either party, no jury shall be
6 called in the action or proceeding, and the same shall be
7 tried by the court without a jury.
8 (t) Voluntary Assignment.
9 For filing each deed of voluntary assignment, $10;
10 for recording the same, 25¢ for each 100 words.
11 Exceptions filed to claims presented to an assignee of a
12 debtor who has made a voluntary assignment for the
13 benefit of creditors shall be considered and treated, for
14 the purpose of taxing costs therein, as actions in which
15 the party or parties filing the exceptions shall be
16 considered as party or parties plaintiff, and the
17 claimant or claimants as party or parties defendant, and
18 those parties respectively shall pay to the clerk the
19 same fees as provided by this Section to be paid in other
20 actions.
21 (u) Expungement Petition.
22 The clerk shall be entitled to receive a fee of $30
23 for each expungement petition filed and an additional fee
24 of $2 for each certified copy of an order to expunge
25 arrest records.
26 (v) Probate.
27 The clerk is entitled to receive the fees specified in
28 this subsection (v), which shall be paid in advance, except
29 that, for good cause shown, the court may suspend, reduce, or
30 release the costs payable under this subsection:
31 (1) For administration of the estate of a decedent
32 (whether testate or intestate) or of a missing person,
33 $100, plus the fees specified in subsection (v)(3),
34 except:
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1 (A) When the value of the real and personal
2 property does not exceed $15,000, the fee shall be
3 $25.
4 (B) When (i) proof of heirship alone is made,
5 (ii) a domestic or foreign will is admitted to
6 probate without administration (including proof of
7 heirship), or (iii) letters of office are issued for
8 a particular purpose without administration of the
9 estate, the fee shall be $25.
10 (2) For administration of the estate of a ward,
11 $50, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $25.
16 (B) When (i) letters of office are issued to a
17 guardian of the person or persons, but not of the
18 estate or (ii) letters of office are issued in the
19 estate of a ward without administration of the
20 estate, including filing or joining in the filing of
21 a tax return or releasing a mortgage or consenting
22 to the marriage of the ward, the fee shall be $10.
23 (3) In addition to the fees payable under
24 subsection (v)(1) or (v)(2) of this Section, the
25 following fees are payable:
26 (A) For each account (other than one final
27 account) filed in the estate of a decedent, or ward,
28 $15.
29 (B) For filing a claim in an estate when the
30 amount claimed is $150 or more but less than $500,
31 $10; when the amount claimed is $500 or more but
32 less than $10,000, $25; when the amount claimed is
33 $10,000 or more, $40; provided that the court in
34 allowing a claim may add to the amount allowed the
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1 filing fee paid by the claimant.
2 (C) For filing in an estate a claim, petition,
3 or supplemental proceeding based upon an action
4 seeking equitable relief including the construction
5 or contest of a will, enforcement of a contract to
6 make a will, and proceedings involving testamentary
7 trusts or the appointment of testamentary trustees,
8 $40.
9 (D) For filing in an estate (i) the appearance
10 of any person for the purpose of consent or (ii) the
11 appearance of an executor, administrator,
12 administrator to collect, guardian, guardian ad
13 litem, or special administrator, no fee.
14 (E) Except as provided in subsection
15 (v)(3)(D), for filing the appearance of any person
16 or persons, $10.
17 (F) For each jury demand, $90.
18 (G) For disposition of the collection of a
19 judgment or settlement of an action or claim for
20 wrongful death of a decedent or of any cause of
21 action of a ward, when there is no other
22 administration of the estate, $30, less any amount
23 paid under subsection (v)(1)(B) or (v)(2)(B) except
24 that if the amount involved does not exceed $5,000,
25 the fee, including any amount paid under subsection
26 (v)(1)(B) or (v)(2)(B), shall be $10.
27 (H) For each certified copy of letters of
28 office, of court order or other certification, $1,
29 plus 50¢ per page in excess of 3 pages for the
30 document certified.
31 (I) For each exemplification, $1, plus the fee
32 for certification.
33 (4) The executor, administrator, guardian,
34 petitioner, or other interested person or his or her
-32- LRB9104191WHmbam01
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 attorney
9 shall pay to the clerk all postage charges incurred by
10 the clerk in mailing petitions, orders, notices, or other
11 documents pursuant to the provisions of the Probate Act
12 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, $80.
18 (B) Misdemeanor complaints, $50.
19 (C) Business offense complaints, $50.
20 (D) Petty offense complaints, $50.
21 (E) Minor traffic or ordinance violations,
22 $20.
23 (F) When court appearance required, $30.
24 (G) Motions to vacate or amend final orders,
25 $20.
26 (H) Motions to vacate bond forfeiture orders,
27 $20.
28 (I) Motions to vacate ex parte judgments,
29 whenever filed, $20.
30 (J) Motions to vacate judgment on forfeitures,
31 whenever filed, $20.
32 (K) Motions to vacate "failure to appear" or
33 "failure to comply" notices sent to the Secretary of
34 State, $20.
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1 (2) In counties having a population of more than
2 650,000 but fewer than 3,000,000 inhabitants, when the
3 violation complaint is issued by a municipal police
4 department, the clerk shall be entitled to costs from
5 each person convicted therein as follows:
6 (A) Minor traffic or ordinance violations,
7 $10.
8 (B) When court appearance required, $15.
9 (3) In ordinance violation cases punishable by fine
10 only, the clerk of the circuit court shall be entitled to
11 receive, unless the fee is excused upon a finding by the
12 court that the defendant is indigent, in addition to
13 other fees or costs allowed or imposed by law, the sum of
14 $50 as a fee for the services of a jury. The jury fee
15 shall be paid by the defendant at the time of filing his
16 or her jury demand. If the fee is not so paid by the
17 defendant, no jury shall be called, and the case shall be
18 tried by the court without a jury.
19 (x) Transcripts of Judgment.
20 For the filing of a transcript of judgment, the
21 clerk shall be entitled to the same fee as if it were the
22 commencement of new suit.
23 (y) Change of Venue.
24 (1) For the filing of a change of case on a change
25 of venue, the clerk shall be entitled to the same fee as
26 if it were the commencement of a new suit.
27 (2) The fee for the preparation and certification
28 of a record on a change of venue to another jurisdiction,
29 when original documents are forwarded, $25.
30 (z) Tax objection complaints.
31 For each tax objection complaint containing one or
32 more tax objections, regardless of the number of parcels
33 involved or the number of taxpayers joining in the
34 complaint, $25.
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1 (aa) Tax Deeds.
2 (1) Petition for tax deed, if only one parcel is
3 involved, $150.
4 (2) For each additional parcel, add a fee of $50.
5 (bb) Collections.
6 (1) For all collections made of others, except the
7 State and county and except in maintenance or child
8 support cases, a sum equal to 2.5% of the amount
9 collected and turned over.
10 (2) Interest earned on any funds held by the clerk
11 shall be turned over to the county general fund as an
12 earning of the office.
13 (3) For any check, draft, or other bank instrument
14 returned to the clerk for non-sufficient funds, account
15 closed, or payment stopped, $25.
16 (4) In child support and maintenance cases, the
17 clerk, if authorized by an ordinance of the county board,
18 may collect an annual fee of up to $36 from the person
19 making payment for administering the collection and
20 distribution of maintenance and child support payments.
21 This fee shall be in addition to and separate from
22 amounts ordered to be paid as maintenance or child
23 support and shall be deposited into a Separate
24 Maintenance and Child Support Collection Fund, of which
25 the clerk shall be the custodian, ex-officio, to be used
26 by the clerk to further maintenance and child supports in
27 his or her office. The clerk may recover from the person
28 making the maintenance or child support payment any
29 additional cost incurred in the collection of this annual
30 fee.
31 The clerk shall also be entitled to a fee of $5 for
32 certifications made to the Secretary of State as provided
33 in Section 7-703 of the Family Financial Responsibility
34 Law and these fees shall also be deposited into the
-35- LRB9104191WHmbam01
1 Separate Maintenance and Child Support Collection Fund.
2 (cc) Corrections of Numbers.
3 For correction of the case number, case title, or
4 attorney computer identification number, if required by
5 rule of court, on any document filed in the clerk's
6 office, to be charged against the party that filed the
7 document, $15.
8 (dd) Exceptions.
9 The fee requirements of this Section shall not apply
10 to police departments or other law enforcement agencies.
11 In this Section, "law enforcement agency" means an agency
12 of the State or a unit of local government which is
13 vested by law or ordinance with the duty to maintain
14 public order and to enforce criminal laws or ordinances.
15 "Law enforcement agency" also means the Attorney General
16 or any state's attorney. The fee requirements of this
17 Section shall not apply to any action instituted under
18 subsection (b) of Section 11-31-1 of the Illinois
19 Municipal Code by a private owner or tenant of real
20 property within 1200 feet of a dangerous or unsafe
21 building seeking an order compelling the owner or owners
22 of the building to take any of the actions authorized
23 under that subsection.
24 (ee) Adoptions.
25 (1) For an adoption, requesting a copy of a
26 judgment for adoption, relief from a final judgment or
27 order, appointment of a confidential intermediary, or
28 requesting non-identifying information................$65
29 (2) Upon good cause shown, the court may waive the
30 adoption filing fee in a special needs adoption. The
31 term "special needs adoption" shall have the meaning
32 ascribed to it by the Illinois Department of Children and
33 Family Services.
34 (ff) Adoption exemptions.
-36- LRB9104191WHmbam01
1 No fee other than that set forth in subsection (ee)
2 shall be charged to any person in connection with an
3 adoption proceeding.
4 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
5 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
6 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
7 Sec. 27.2a. The fees of the clerks of the circuit court
8 in all counties having a population of 3,000,000 or more
9 inhabitants in the instances described in this Section shall
10 be as provided in this Section. The fees shall be paid in
11 advance and shall be as follows:
12 (a) Civil Cases.
13 The fee for filing a complaint, petition, or other
14 pleading initiating a civil action, with the following
15 exceptions, shall be $190.
16 (A) When the amount of money or damages or the
17 value of personal property claimed does not exceed
18 $250, $15.
19 (B) When that amount exceeds $250 but does not
20 exceed $1000, $40.
21 (C) When that amount exceeds $1000 but does
22 not exceed $2500, $50.
23 (D) When that amount exceeds $2500 but does
24 not exceed $5000, $100.
25 (E) When that amount exceeds $5000 but does
26 not exceed $15,000, $150.
27 (F) For the exercise of eminent domain, $150.
28 For each additional lot or tract of land or right or
29 interest therein subject to be condemned, the
30 damages in respect to which shall require separate
31 assessment by a jury, $150.
32 (b) Forcible Entry and Detainer.
33 In each forcible entry and detainer case when the
-37- LRB9104191WHmbam01
1 plaintiff seeks possession only or unites with his or her
2 claim for possession of the property a claim for rent or
3 damages or both in the amount of $15,000 or less, $75.
4 When the plaintiff unites his or her claim for possession
5 with a claim for rent or damages or both exceeding
6 $15,000, $225.
7 (c) Counterclaim or Joining Third Party Defendant.
8 When any defendant files a counterclaim as part of
9 his or her answer or otherwise or joins another party as
10 a third party defendant, or both, the defendant shall pay
11 a fee for each counterclaim or third party action in an
12 amount equal to the fee he or she would have had to pay
13 had he or she brought a separate action for the relief
14 sought in the counterclaim or against the third party
15 defendant, less the amount of the appearance fee, if that
16 has been paid.
17 (d) Confession of Judgment.
18 In a confession of judgment when the amount does not
19 exceed $1500, $60. When the amount exceeds $1500, but
20 does not exceed $5000, $75. When the amount exceeds
21 $5000, but does not exceed $15,000, $175. When the amount
22 exceeds $15,000, $250.
23 (e) Appearance.
24 The fee for filing an appearance in each civil case
25 shall be $75, except as follows:
26 (A) When the plaintiff in a forcible entry and
27 detainer case seeks possession only, $40.
28 (B) When the amount in the case does not
29 exceed $1500, $40.
30 (C) When that amount exceeds $1500 but does
31 not exceed $15,000, $60.
32 (f) Garnishment, Wage Deduction, and Citation.
33 In garnishment affidavit, wage deduction affidavit,
34 and citation petition when the amount does not exceed
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1 $1,000, $15; when the amount exceeds $1,000 but does not
2 exceed $5,000, $30; and when the amount exceeds $5,000,
3 $50.
4 (g) Petition to Vacate or Modify.
5 (1) Petition to vacate or modify any final judgment
6 or order of court, except in forcible entry and detainer
7 cases and small claims cases or a petition to reopen an
8 estate, to modify, terminate, or enforce a judgment or
9 order for child or spousal support, or to modify,
10 suspend, or terminate an order for withholding, if filed
11 before 30 days after the entry of the judgment or order,
12 $50.
13 (2) Petition to vacate or modify any final judgment
14 or order of court, except a petition to modify,
15 terminate, or enforce a judgment or order for child or
16 spousal support or to modify, suspend, or terminate an
17 order for withholding, if filed later than 30 days after
18 the entry of the judgment or order, $75.
19 (3) Petition to vacate order of bond forfeiture,
20 $40.
21 (h) Mailing.
22 When the clerk is required to mail, the fee will be
23 $10, plus the cost of postage.
24 (i) Certified Copies.
25 Each certified copy of a judgment after the first,
26 except in small claims and forcible entry and detainer
27 cases, $15.
28 (j) Habeas Corpus.
29 For filing a petition for relief by habeas corpus,
30 $125.
31 (k) Certification, Authentication, and Reproduction.
32 (1) Each certification or authentication for taking
33 the acknowledgment of a deed or other instrument in
34 writing with the seal of office, $6.
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1 (2) Court appeals when original documents are
2 forwarded, under 100 pages, plus delivery and costs, $75.
3 (3) Court appeals when original documents are
4 forwarded, over 100 pages, plus delivery and costs, $150.
5 (4) Court appeals when original documents are
6 forwarded, over 200 pages, an additional fee of 25 cents
7 per page.
8 (5) For reproduction of any document contained in
9 the clerk's files:
10 (A) First page, $2.
11 (B) Next 19 pages, 50 cents per page.
12 (C) All remaining pages, 25 cents per page.
13 (l) Remands.
14 In any cases remanded to the Circuit Court from the
15 Supreme Court or the Appellate Court for a new trial, the
16 clerk shall file the remanding order and reinstate the
17 case with either its original number or a new number.
18 The Clerk shall not charge any new or additional fee for
19 the reinstatement. Upon reinstatement the Clerk shall
20 advise the parties of the reinstatement. A party shall
21 have the same right to a jury trial on remand and
22 reinstatement as he or she had before the appeal, and no
23 additional or new fee or charge shall be made for a jury
24 trial after remand.
25 (m) Record Search.
26 For each record search, within a division or
27 municipal district, the clerk shall be entitled to a
28 search fee of $6 for each year searched.
29 (n) Hard Copy.
30 For each page of hard copy print output, when case
31 records are maintained on an automated medium, the clerk
32 shall be entitled to a fee of $6.
33 (o) Index Inquiry and Other Records.
34 No fee shall be charged for a single
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1 plaintiff/defendant index inquiry or single case record
2 inquiry when this request is made in person and the
3 records are maintained in a current automated medium, and
4 when no hard copy print output is requested. The fees to
5 be charged for management records, multiple case records,
6 and multiple journal records may be specified by the
7 Chief Judge pursuant to the guidelines for access and
8 dissemination of information approved by the Supreme
9 Court.
10 (p) Commitment Petitions.
11 For filing commitment petitions under the Mental
12 Health and Developmental Disabilities Code, $50.
13 (q) Alias Summons.
14 For each alias summons or citation issued by the
15 clerk, $5.
16 (r) Other Fees.
17 Any fees not covered in this Section shall be set by
18 rule or administrative order of the Circuit Court with
19 the approval of the Administrative Office of the Illinois
20 Courts.
21 The clerk of the circuit court may provide
22 additional services for which there is no fee specified
23 by statute in connection with the operation of the
24 clerk's office as may be requested by the public and
25 agreed to by the clerk and approved by the chief judge of
26 the circuit court. Any charges for additional services
27 shall be as agreed to between the clerk and the party
28 making the request and approved by the chief judge of the
29 circuit court. Nothing in this subsection shall be
30 construed to require any clerk to provide any service not
31 otherwise required by law.
32 (s) Jury Services.
33 The clerk shall be entitled to receive, in addition
34 to other fees allowed by law, the sum of $200, as a fee
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1 for the services of a jury in every civil action not
2 quasi-criminal in its nature and not a proceeding for the
3 exercise of the right of eminent domain and in every
4 other action wherein the right of trial by jury is or may
5 be given by law. The jury fee shall be paid by the party
6 demanding a jury at the time of filing the jury demand.
7 If the fee is not paid by either party, no jury shall be
8 called in the action or proceeding, and the same shall be
9 tried by the court without a jury.
10 (t) Voluntary Assignment.
11 For filing each deed of voluntary assignment, $20;
12 for recording the same, 50¢ for each 100 words.
13 Exceptions filed to claims presented to an assignee of a
14 debtor who has made a voluntary assignment for the
15 benefit of creditors shall be considered and treated, for
16 the purpose of taxing costs therein, as actions in which
17 the party or parties filing the exceptions shall be
18 considered as party or parties plaintiff, and the
19 claimant or claimants as party or parties defendant, and
20 those parties respectively shall pay to the clerk the
21 same fees as provided by this Section to be paid in other
22 actions.
23 (u) Expungement Petition.
24 The clerk shall be entitled to receive a fee of $60
25 for each expungement petition filed and an additional fee
26 of $4 for each certified copy of an order to expunge
27 arrest records.
28 (v) Probate.
29 The clerk is entitled to receive the fees specified in
30 this subsection (v), which shall be paid in advance, except
31 that, for good cause shown, the court may suspend, reduce, or
32 release the costs payable under this subsection:
33 (1) For administration of the estate of a decedent
34 (whether testate or intestate) or of a missing person,
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1 $150, plus the fees specified in subsection (v)(3),
2 except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be
5 $40.
6 (B) When (i) proof of heirship alone is made,
7 (ii) a domestic or foreign will is admitted to
8 probate without administration (including proof of
9 heirship), or (iii) letters of office are issued for
10 a particular purpose without administration of the
11 estate, the fee shall be $40.
12 (2) For administration of the estate of a ward,
13 $75, plus the fees specified in subsection (v)(3),
14 except:
15 (A) When the value of the real and personal
16 property does not exceed $15,000, the fee shall be
17 $40.
18 (B) When (i) letters of office are issued to a
19 guardian of the person or persons, but not of the
20 estate or (ii) letters of office are issued in the
21 estate of a ward without administration of the
22 estate, including filing or joining in the filing of
23 a tax return or releasing a mortgage or consenting
24 to the marriage of the ward, the fee shall be $20.
25 (3) In addition to the fees payable under
26 subsection (v)(1) or (v)(2) of this Section, the
27 following fees are payable:
28 (A) For each account (other than one final
29 account) filed in the estate of a decedent, or ward,
30 $25.
31 (B) For filing a claim in an estate when the
32 amount claimed is $150 or more but less than $500,
33 $20; when the amount claimed is $500 or more but
34 less than $10,000, $40; when the amount claimed is
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1 $10,000 or more, $60; provided that the court in
2 allowing a claim may add to the amount allowed the
3 filing fee paid by the claimant.
4 (C) For filing in an estate a claim, petition,
5 or supplemental proceeding based upon an action
6 seeking equitable relief including the construction
7 or contest of a will, enforcement of a contract to
8 make a will, and proceedings involving testamentary
9 trusts or the appointment of testamentary trustees,
10 $60.
11 (D) For filing in an estate (i) the appearance
12 of any person for the purpose of consent or (ii) the
13 appearance of an executor, administrator,
14 administrator to collect, guardian, guardian ad
15 litem, or special administrator, no fee.
16 (E) Except as provided in subsection
17 (v)(3)(D), for filing the appearance of any person
18 or persons, $30.
19 (F) For each jury demand, $125.
20 (G) For disposition of the collection of a
21 judgment or settlement of an action or claim for
22 wrongful death of a decedent or of any cause of
23 action of a ward, when there is no other
24 administration of the estate, $50, less any amount
25 paid under subsection (v)(1)(B) or (v)(2)(B) except
26 that if the amount involved does not exceed $5,000,
27 the fee, including any amount paid under subsection
28 (v)(1)(B) or (v)(2)(B), shall be $20.
29 (H) For each certified copy of letters of
30 office, of court order or other certification, $2,
31 plus $1 per page in excess of 3 pages for the
32 document certified.
33 (I) For each exemplification, $2, plus the fee
34 for certification.
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1 (4) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay the cost of publication by the clerk
4 directly to the newspaper.
5 (5) The person on whose behalf a charge is incurred
6 for witness, court reporter, appraiser, or other
7 miscellaneous fee shall pay the same directly to the
8 person entitled thereto.
9 (6) The executor, administrator, guardian,
10 petitioner, or other interested person or his or her
11 attorney shall pay to the clerk all postage charges
12 incurred by the clerk in mailing petitions, orders,
13 notices, or other documents pursuant to the provisions of
14 the Probate Act of 1975.
15 (w) Criminal and Quasi-Criminal Costs and Fees.
16 (1) The clerk shall be entitled to costs in all
17 criminal and quasi-criminal cases from each person
18 convicted or sentenced to supervision therein as follows:
19 (A) Felony complaints, $125.
20 (B) Misdemeanor complaints, $75.
21 (C) Business offense complaints, $75.
22 (D) Petty offense complaints, $75.
23 (E) Minor traffic or ordinance violations,
24 $30.
25 (F) When court appearance required, $50.
26 (G) Motions to vacate or amend final orders,
27 $40.
28 (H) Motions to vacate bond forfeiture orders,
29 $30.
30 (I) Motions to vacate ex parte judgments,
31 whenever filed, $30.
32 (J) Motions to vacate judgment on forfeitures,
33 whenever filed, $25.
34 (K) Motions to vacate "failure to appear" or
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1 "failure to comply" notices sent to the Secretary of
2 State, $40.
3 (2) In counties having a population of 3,000,000 or
4 more, when the violation complaint is issued by a
5 municipal police department, the clerk shall be entitled
6 to costs from each person convicted therein as follows:
7 (A) Minor traffic or ordinance violations,
8 $30.
9 (B) When court appearance required, $50.
10 (3) In ordinance violation cases punishable by fine
11 only, the clerk of the circuit court shall be entitled to
12 receive, unless the fee is excused upon a finding by the
13 court that the defendant is indigent, in addition to
14 other fees or costs allowed or imposed by law, the sum of
15 $100 as a fee for the services of a jury. The jury fee
16 shall be paid by the defendant at the time of filing his
17 or her jury demand. If the fee is not so paid by the
18 defendant, no jury shall be called, and the case shall be
19 tried by the court without a jury.
20 (x) Transcripts of Judgment.
21 For the filing of a transcript of judgment, the
22 clerk shall be entitled to the same fee as if it were the
23 commencement of a new suit.
24 (y) Change of Venue.
25 (1) For the filing of a change of case on a change
26 of venue, the clerk shall be entitled to the same fee as
27 if it were the commencement of a new suit.
28 (2) The fee for the preparation and certification
29 of a record on a change of venue to another jurisdiction,
30 when original documents are forwarded, $40.
31 (z) Tax objection complaints.
32 For each tax objection complaint containing one or
33 more tax objections, regardless of the number of parcels
34 involved or the number of taxpayers joining in the
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1 complaint, $50.
2 (aa) Tax Deeds.
3 (1) Petition for tax deed, if only one parcel is
4 involved, $250.
5 (2) For each additional parcel, add a fee of $100.
6 (bb) Collections.
7 (1) For all collections made of others, except the
8 State and county and except in maintenance or child
9 support cases, a sum equal to 3.0% of the amount
10 collected and turned over.
11 (2) Interest earned on any funds held by the clerk
12 shall be turned over to the county general fund as an
13 earning of the office.
14 (3) For any check, draft, or other bank instrument
15 returned to the clerk for non-sufficient funds, account
16 closed, or payment stopped, $25.
17 (4) In child support and maintenance cases, the
18 clerk, if authorized by an ordinance of the county board,
19 may collect an annual fee of up to $36 from the person
20 making payment for administering the collection and
21 distribution of maintenance and child support payments.
22 This fee shall be in addition to and separate from
23 amounts ordered to be paid as maintenance or child
24 support and shall be deposited into a Separate
25 Maintenance and Child Support Collection Fund, of which
26 the clerk shall be the custodian, ex-officio, to be used
27 by the clerk to further maintenance and child supports in
28 his or her office. The clerk may recover from the person
29 making the maintenance or child support payment any
30 additional cost incurred in the collection of this annual
31 fee.
32 The clerk shall also be entitled to a fee of $5 for
33 certifications made to the Secretary of State as provided
34 in Section 7-703 of the Family Financial Responsibility
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1 Law and these fees shall also be deposited into the
2 Separate Maintenance and Child Support Collection Fund.
3 (cc) Corrections of Numbers.
4 For correction of the case number, case title, or
5 attorney computer identification number, if required by
6 rule of court, on any document filed in the clerk's
7 office, to be charged against the party that filed the
8 document, $25.
9 (dd) Exceptions.
10 (1) The fee requirements of this Section shall not
11 apply to police departments or other law enforcement
12 agencies. In this Section, "law enforcement agency"
13 means an agency of the State or a unit of local
14 government which is vested by law or ordinance with the
15 duty to maintain public order and to enforce criminal
16 laws or ordinances. "Law enforcement agency" also means
17 the Attorney General or any state's attorney.
18 (2) No fee provided herein shall be charged to any
19 unit of local government or school district. The fee
20 requirements of this Section shall not apply to any
21 action instituted under subsection (b) of Section 11-31-1
22 of the Illinois Municipal Code by a private owner or
23 tenant of real property within 1200 feet of a dangerous
24 or unsafe building seeking an order compelling the owner
25 or owners of the building to take any of the actions
26 authorized under that subsection.
27 (ee) Adoption.
28 (1) For an adoption, requesting a copy of a
29 judgment for adoption, relief from a final judgment or
30 order, appointment of a confidential intermediary, or
31 requesting non-identifying information................$65
32 (2) Upon good cause shown, the court may waive the
33 adoption filing fee in a special needs adoption. The
34 term "special needs adoption" shall have the meaning
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1 ascribed to it by the Illinois Department of Children and
2 Family Services.
3 (ff) Adoption exemptions.
4 No fee other than that set forth in subsection (ee)
5 shall be charged to any person in connection with an
6 adoption proceeding.
7 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
8 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
9 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
10 Sec. 27.3c. Document storage system.
11 (a) The expense of establishing and maintaining a
12 document storage system in the offices of the circuit court
13 clerks in the several counties of this State shall be borne
14 by the county. To defray the expense in any county that
15 elects to establish a document storage system and convert the
16 records of the circuit court clerk to electronic or
17 micrographic storage, the county board may require the clerk
18 of the circuit court in its county to collect a court
19 document fee of not less than $1 nor more than $10 $5, to be
20 charged and collected by the clerk of the court. The fee
21 shall be paid at the time of filing the first pleading,
22 paper, or other appearance filed by each party in all civil
23 cases or by the defendant in any felony, misdemeanor,
24 traffic, ordinance, or conservation matter on a judgment of
25 guilty or grant of supervision, provided that the document
26 storage system is in place or has been authorized by the
27 county board and further that no additional fee shall be
28 required if more than one party is presented in a single
29 pleading, paper, or other appearance. The fee shall be
30 collected in the manner in which all other fees or costs are
31 collected. The court document fee provided in this
32 subsection (a) shall not apply to any petty offense moving
33 violation written by a municipal police department in
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1 counties having a population of more than 650,000 but less
2 than 3,000,000 inhabitants whether written under the Illinois
3 Vehicle Code or under any municipal ordinance.
4 (b) Each clerk shall commence charges and collections of
5 a court document fee upon receipt of written notice from the
6 chairman of the county board together with a certified copy
7 of the board's resolution, which the clerk shall file of
8 record in his or her office.
9 (c) Court document fees shall be in addition to other
10 fees and charges of the clerk, shall be assessable as costs,
11 and may be waived only if the judge specifically provides for
12 the waiver of the court document storage fee. The fees shall
13 be remitted monthly by the clerk to the county treasurer, to
14 be retained by the treasurer in a special fund designated as
15 the Court Document Storage Fund. The fund shall be audited
16 by the county auditor, and the board shall make expenditures
17 from the fund in payment of any costs relative to the storage
18 of court records, including hardware, software, research and
19 development costs, and related personnel, provided that the
20 expenditure is approved by the clerk of the circuit court.
21 (d) A court document fee shall not be charged in any
22 matter coming to the clerk on change of venue or in any
23 proceeding to review the decision of any administrative
24 officer, agency, or body.
25 (Source: P.A. 86-1386; 87-670.)".