093_HB3318
LRB093 04213 MBS 04258 b
1 AN ACT concerning fees.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by
5 changing Sections 27.2 and 27.2a as follows:
6 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
7 Sec. 27.2. The fees of the clerks of the circuit court
8 in all counties having a population in excess of 500,000
9 inhabitants but less than 3,000,000 inhabitants in the
10 instances described in this Section shall be as provided in
11 this Section. In those instances where a minimum and maximum
12 fee is stated, counties with more than 500,000 inhabitants
13 but less than 3,000,000 inhabitants must charge the minimum
14 fee listed in this Section and may charge up to the maximum
15 fee if the county board has by resolution increased the fee.
16 In addition, the minimum fees authorized in this Section
17 shall apply to all units of local government and school
18 districts in counties with more than 3,000,000 inhabitants.
19 The 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 a minimum of $150 and a maximum of
24 $190.
25 (A) When the amount of money or damages or the
26 value of personal property claimed does not exceed
27 $250, a minimum of $10 and a maximum of $15.
28 (B) When that amount exceeds $250 but does not
29 exceed $1,000, a minimum of $20 and a maximum of
30 $40.
31 (C) When that amount exceeds $1,000 but does
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1 not exceed $2500, a minimum of $30 and a maximum of
2 $50.
3 (D) When that amount exceeds $2500 but does
4 not exceed $5,000, a minimum of $75 and a maximum of
5 $100.
6 (D-5) When the amount exceeds $5,000 but does
7 not exceed $15,000, a minimum of $75 and a maximum
8 of $150.
9 (E) For the exercise of eminent domain, $150.
10 For each additional lot or tract of land or right or
11 interest therein subject to be condemned, the
12 damages in respect to which shall require separate
13 assessment by a jury, $150.
14 (b) Forcible Entry and Detainer.
15 In each forcible entry and detainer case when the
16 plaintiff seeks possession only or unites with his or her
17 claim for possession of the property a claim for rent or
18 damages or both in the amount of $15,000 or less, a
19 minimum of $40 and a maximum of $75. When the plaintiff
20 unites his or her claim for possession with a claim for
21 rent or damages or both exceeding $15,000, a minimum of
22 $150 and a maximum of $225.
23 (c) Counterclaim or Joining Third Party Defendant.
24 When any defendant files a counterclaim as part of
25 his or her answer or otherwise or joins another party as
26 a third party defendant, or both, the defendant shall pay
27 a fee for each counterclaim or third party action in an
28 amount equal to the fee he or she would have had to pay
29 had he or she brought a separate action for the relief
30 sought in the counterclaim or against the third party
31 defendant, less the amount of the appearance fee, if that
32 has been paid.
33 (d) Confession of Judgment.
34 In a confession of judgment when the amount does not
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1 exceed $1500, a minimum of $50 and a maximum of $60.
2 When the amount exceeds $1500, but does not exceed
3 $5,000, $75. When the amount exceeds $5,000, but does not
4 exceed $15,000, $175. When the amount exceeds $15,000, a
5 minimum of $200 and a maximum of $250.
6 (e) Appearance.
7 The fee for filing an appearance in each civil case
8 shall be a minimum of $50 and a maximum of $75, except as
9 follows:
10 (A) When the plaintiff in a forcible entry and
11 detainer case seeks possession only, a minimum of
12 $20 and a maximum of $40.
13 (B) When the amount in the case does not
14 exceed $1500, a minimum of $20 and a maximum of $40.
15 (C) When the amount in the case exceeds $1500
16 but does not exceed $15,000, a minimum of $40 and a
17 maximum of $60.
18 (f) Garnishment, Wage Deduction, and Citation.
19 In garnishment affidavit, wage deduction affidavit,
20 and citation petition when the amount does not exceed
21 $1,000, a minimum of $10 and a maximum of $15; when the
22 amount exceeds $1,000 but does not exceed $5,000, a
23 minimum of $20 and a maximum of $30; and when the amount
24 exceeds $5,000, a minimum of $30 and a maximum of $50.
25 (g) Petition to Vacate, or Modify, or Reconsider.
26 (1) Petition to vacate, or modify, or reconsider
27 any final judgment or order of court, except in forcible
28 entry and detainer cases and small claims cases or a
29 petition to reopen an estate, to modify, terminate, or
30 enforce a judgment or order for child or spousal support,
31 or to modify, suspend, or terminate an order for
32 withholding, if filed before 30 days after the entry of
33 the judgment or order, a minimum of $40 and a maximum of
34 $50.
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1 (2) Petition to vacate, or modify, or reconsider
2 any final judgment or order of court, except a petition
3 to modify, terminate, or enforce a judgment or order for
4 child or spousal support or to modify, suspend, or
5 terminate an order for withholding, if filed later than
6 30 days after the entry of the judgment or order, a
7 minimum of $60 and a maximum of $75.
8 (3) Petition to vacate order of bond forfeiture, a
9 minimum of $20 and a maximum of $40.
10 (h) Mailing.
11 When the clerk is required to mail, the fee will be
12 a minimum of $6 and a maximum of $10, plus the cost of
13 postage.
14 (i) Certified Copies.
15 Each certified copy of a judgment after the first,
16 except in small claims and forcible entry and detainer
17 cases, a minimum of $10 and a maximum of $15.
18 (j) Habeas Corpus.
19 For filing a petition for relief by habeas corpus, a
20 minimum of $80 and a maximum of $125.
21 (k) Certification, Authentication, and Reproduction.
22 (1) Each certification or authentication for taking
23 the acknowledgment of a deed or other instrument in
24 writing with the seal of office, a minimum of $4 and a
25 maximum of $6.
26 (2) Court appeals when original documents are
27 forwarded, under 100 pages, plus delivery and costs, a
28 minimum of $50 and a maximum of $75.
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery and costs, a
31 minimum of $120 and a maximum of $150.
32 (4) Court appeals when original documents are
33 forwarded, over 200 pages, an additional fee of a minimum
34 of 20 and a maximum of 25 cents per page.
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1 (5) For reproduction of any document contained in
2 the clerk's files:
3 (A) First page, $2.
4 (B) Next 19 pages, 50 cents per page.
5 (C) All remaining pages, 25 cents per page.
6 (l) Remands.
7 In any cases remanded to the Circuit Court from the
8 Supreme Court or the Appellate Court for a new trial, the
9 clerk shall file the remanding order and reinstate the
10 case with either its original number or a new number. The
11 Clerk shall not charge any new or additional fee for the
12 reinstatement. Upon reinstatement the Clerk shall advise
13 the parties of the reinstatement. A party shall have the
14 same right to a jury trial on remand and reinstatement as
15 he or she had before the appeal, and no additional or new
16 fee or charge shall be made for a jury trial after
17 remand.
18 (m) Record Search.
19 For each record search, within a division or
20 municipal district, the clerk shall be entitled to a
21 search fee of a minimum of $4 and a maximum of $6 for
22 each year searched.
23 (n) Hard Copy.
24 For each page of hard copy print output, when case
25 records are maintained on an automated medium, the clerk
26 shall be entitled to a fee of a minimum of $4 and a
27 maximum of $6.
28 (o) Index Inquiry and Other Records.
29 No fee shall be charged for a single
30 plaintiff/defendant index inquiry or single case record
31 inquiry when this request is made in person and the
32 records are maintained in a current automated medium, and
33 when no hard copy print output is requested. The fees to
34 be charged for management records, multiple case records,
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1 and multiple journal records may be specified by the
2 Chief Judge pursuant to the guidelines for access and
3 dissemination of information approved by the Supreme
4 Court.
5 (p) Commitment Petitions.
6 For filing commitment petitions under the Mental
7 Health and Developmental Disabilities Code, a minimum of
8 $25 and a maximum of $50.
9 (q) Alias Summons.
10 For each alias summons or citation issued by the
11 clerk, a minimum of $4 and a maximum of $5.
12 (r) Other Fees.
13 Any fees not covered in this Section shall be set by
14 rule or administrative order of the Circuit Court with
15 the approval of the Administrative Office of the Illinois
16 Courts.
17 The clerk of the circuit court may provide
18 additional services for which there is no fee specified
19 by statute in connection with the operation of the
20 clerk's office as may be requested by the public and
21 agreed to by the clerk and approved by the chief judge of
22 the circuit court. Any charges for additional services
23 shall be as agreed to between the clerk and the party
24 making the request and approved by the chief judge of the
25 circuit court. Nothing in this subsection shall be
26 construed to require any clerk to provide any service not
27 otherwise required by law.
28 (s) Jury Services.
29 The clerk shall be entitled to receive, in addition
30 to other fees allowed by law, the sum of a minimum of
31 $192.50 and a maximum of $212.50, as a fee for the
32 services of a jury in every civil action not
33 quasi-criminal in its nature and not a proceeding for the
34 exercise of the right of eminent domain and in every
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1 other action wherein the right of trial by jury is or may
2 be given by law. The jury fee shall be paid by the party
3 demanding a jury at the time of filing the jury demand.
4 If the fee is not paid by either party, no jury shall be
5 called in the action or proceeding, and the same shall be
6 tried by the court without a jury.
7 (t) Voluntary Assignment.
8 For filing each deed of voluntary assignment, a
9 minimum of $10 and a maximum of $20; for recording the
10 same, a minimum of 25¢ and a maximum of 50¢ for each 100
11 words. Exceptions filed to claims presented to an
12 assignee of a debtor who has made a voluntary assignment
13 for the benefit of creditors shall be considered and
14 treated, for the purpose of taxing costs therein, as
15 actions in which the party or parties filing the
16 exceptions shall be considered as party or parties
17 plaintiff, and the claimant or claimants as party or
18 parties defendant, and those parties respectively shall
19 pay to the clerk the same fees as provided by this
20 Section to be paid in other actions.
21 (u) Expungement Petition.
22 The clerk shall be entitled to receive a fee of a
23 minimum of $30 and a maximum of $60 for each expungement
24 petition filed and an additional fee of a minimum of $2
25 and a maximum of $4 for each certified copy of an order
26 to expunge arrest records.
27 (v) Probate.
28 The clerk is entitled to receive the fees specified
29 in this subsection (v), which shall be paid in advance,
30 except that, for good cause shown, the court may suspend,
31 reduce, or release the costs payable under this
32 subsection:
33 (1) For administration of the estate of a decedent
34 (whether testate or intestate) or of a missing person, a
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1 minimum of $100 and a maximum of $150, plus the fees
2 specified in subsection (v)(3), except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be a
5 minimum of $25 and a maximum of $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 a minimum of $25 and a
12 maximum of $40.
13 (2) For administration of the estate of a ward, a
14 minimum of $50 and a maximum of $75, plus the fees
15 specified in subsection (v)(3), except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be a
18 minimum of $25 and a maximum of $40.
19 (B) When (i) letters of office are issued to a
20 guardian of the person or persons, but not of the
21 estate or (ii) letters of office are issued in the
22 estate of a ward without administration of the
23 estate, including filing or joining in the filing of
24 a tax return or releasing a mortgage or consenting
25 to the marriage of the ward, the fee shall be a
26 minimum of $10 and a maximum of $20.
27 (3) In addition to the fees payable under
28 subsection (v)(1) or (v)(2) of this Section, the
29 following fees are payable:
30 (A) For each account (other than one final
31 account) filed in the estate of a decedent, or ward,
32 a minimum of $15 and a maximum of $25.
33 (B) For filing a claim in an estate when the
34 amount claimed is $150 or more but less than $500, a
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1 minimum of $10 and a maximum of $20; when the amount
2 claimed is $500 or more but less than $10,000, a
3 minimum of $25 and a maximum of $40; when the amount
4 claimed is $10,000 or more, a minimum of $40 and a
5 maximum of $60; provided that the court in allowing
6 a claim may add to the amount allowed the filing fee
7 paid by the claimant.
8 (C) For filing in an estate a claim, petition,
9 or supplemental proceeding based upon an action
10 seeking equitable relief including the construction
11 or contest of a will, enforcement of a contract to
12 make a will, and proceedings involving testamentary
13 trusts or the appointment of testamentary trustees,
14 a minimum of $40 and a maximum of $60.
15 (D) For filing in an estate (i) the appearance
16 of any person for the purpose of consent or (ii) the
17 appearance of an executor, administrator,
18 administrator to collect, guardian, guardian ad
19 litem, or special administrator, no fee.
20 (E) Except as provided in subsection
21 (v)(3)(D), for filing the appearance of any person
22 or persons, a minimum of $10 and a maximum of $30.
23 (F) For each jury demand, a minimum of $102.50
24 and a maximum of $137.50.
25 (G) For disposition of the collection of a
26 judgment or settlement of an action or claim for
27 wrongful death of a decedent or of any cause of
28 action of a ward, when there is no other
29 administration of the estate, a minimum of $30 and a
30 maximum of $50, less any amount paid under
31 subsection (v)(1)(B) or (v)(2)(B) except that if the
32 amount involved does not exceed $5,000, the fee,
33 including any amount paid under subsection (v)(1)(B)
34 or (v)(2)(B), shall be a minimum of $10 and a
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1 maximum of $20.
2 (H) For each certified copy of letters of
3 office, of court order or other certification, a
4 minimum of $1 and a maximum of $2, plus a minimum of
5 50¢ and a maximum of $1 per page in excess of 3
6 pages for the document certified.
7 (I) For each exemplification, a minimum of $1
8 and a maximum of $2, plus the fee for certification.
9 (4) The executor, administrator, guardian,
10 petitioner, or other interested person or his or her
11 attorney shall pay the cost of publication by the clerk
12 directly to the newspaper.
13 (5) The person on whose behalf a charge is incurred
14 for witness, court reporter, appraiser, or other
15 miscellaneous fee shall pay the same directly to the
16 person entitled thereto.
17 (6) The executor, administrator, guardian,
18 petitioner, or other interested person or his attorney
19 shall pay to the clerk all postage charges incurred by
20 the clerk in mailing petitions, orders, notices, or other
21 documents pursuant to the provisions of the Probate Act
22 of 1975.
23 (w) Criminal and Quasi-Criminal Costs and Fees.
24 (1) The clerk shall be entitled to costs in all
25 criminal and quasi-criminal cases from each person
26 convicted or sentenced to supervision therein as follows:
27 (A) Felony complaints, a minimum of $80 and a
28 maximum of $125.
29 (B) Misdemeanor complaints, a minimum of $50
30 and a maximum of $75.
31 (C) Business offense complaints, a minimum of
32 $50 and a maximum of $75.
33 (D) Petty offense complaints, a minimum of $50
34 and a maximum of $75.
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1 (E) Minor traffic or ordinance violations,
2 $20.
3 (F) When court appearance required, $30.
4 (G) Motions to vacate or amend final orders, a
5 minimum of $20 and a maximum of $40.
6 (H) Motions to vacate bond forfeiture orders,
7 a minimum of $20 and a maximum of $30.
8 (I) Motions to vacate ex parte judgments,
9 whenever filed, a minimum of $20 and a maximum of
10 $30.
11 (J) Motions to vacate judgment on forfeitures,
12 whenever filed, a minimum of $20 and a maximum of
13 $25.
14 (K) Motions to vacate "failure to appear" or
15 "failure to comply" notices sent to the Secretary of
16 State, a minimum of $20 and a maximum of $40.
17 (2) In counties having a population of more than
18 500,000 but fewer than 3,000,000 inhabitants, when the
19 violation complaint is issued by a municipal police
20 department, the clerk shall be entitled to costs from
21 each person convicted therein as follows:
22 (A) Minor traffic or ordinance violations,
23 $10.
24 (B) When court appearance required, $15.
25 (3) In ordinance violation cases punishable by fine
26 only, the clerk of the circuit court shall be entitled to
27 receive, unless the fee is excused upon a finding by the
28 court that the defendant is indigent, in addition to
29 other fees or costs allowed or imposed by law, the sum of
30 a minimum of $50 and a maximum of $112.50 as a fee for
31 the services of a jury. The jury fee shall be paid by
32 the defendant at the time of filing his or her jury
33 demand. If the fee is not so paid by the defendant, no
34 jury shall be called, and the case shall be tried by the
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1 court without a jury.
2 (x) Transcripts of Judgment.
3 For the filing of a transcript of judgment, the
4 clerk shall be entitled to the same fee as if it were the
5 commencement of new suit.
6 (y) Change of Venue.
7 (1) For the filing of a change of case on a change
8 of venue, the clerk shall be entitled to the same fee as
9 if it were the commencement of a new suit.
10 (2) The fee for the preparation and certification
11 of a record on a change of venue to another jurisdiction,
12 when original documents are forwarded, a minimum of $25
13 and a maximum of $40.
14 (z) Tax objection complaints.
15 For each tax objection complaint containing one or
16 more tax objections, regardless of the number of parcels
17 involved or the number of taxpayers joining in the
18 complaint, a minimum of $25 and a maximum of $50.
19 (aa) Tax Deeds.
20 (1) Petition for tax deed, if only one parcel is
21 involved, a minimum of $150 and a maximum of $250.
22 (2) For each additional parcel, add a fee of a
23 minimum of $50 and a maximum of $100.
24 (bb) Collections.
25 (1) For all collections made of others, except the
26 State and county and except in maintenance or child
27 support cases, a sum equal to a minimum of 2.5% and a
28 maximum of 3.0% of the amount collected and turned over.
29 (2) Interest earned on any funds held by the clerk
30 shall be turned over to the county general fund as an
31 earning of the office.
32 (3) For any check, draft, or other bank instrument
33 returned to the clerk for non-sufficient funds, account
34 closed, or payment stopped, $25.
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1 (4) In child support and maintenance cases, the
2 clerk, if authorized by an ordinance of the county board,
3 may collect an annual fee of up to $36 from the person
4 making payment for maintaining child support records and
5 the processing of support orders to the State of Illinois
6 KIDS system and the recording of payments issued by the
7 State Disbursement Unit for the official record of the
8 Court. This fee shall be in addition to and separate from
9 amounts ordered to be paid as maintenance or child
10 support and shall be deposited into a Separate
11 Maintenance and Child Support Collection Fund, of which
12 the clerk shall be the custodian, ex-officio, to be used
13 by the clerk to maintain child support orders and record
14 all payments issued by the State Disbursement Unit for
15 the official record of the Court. The clerk may recover
16 from the person making the maintenance or child support
17 payment any additional cost incurred in the collection of
18 this annual 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, a minimum of $15 and a maximum of $25.
30 (dd) Exceptions.
31 The fee requirements of this Section shall not apply
32 to police departments or other law enforcement agencies.
33 In this Section, "law enforcement agency" means an agency
34 of the State or a unit of local government which is
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1 vested by law or ordinance with the duty to maintain
2 public order and to enforce criminal laws or ordinances.
3 "Law enforcement agency" also means the Attorney General
4 or any state's attorney. The fee requirements of this
5 Section shall not apply to any action instituted under
6 subsection (b) of Section 11-31-1 of the Illinois
7 Municipal Code by a private owner or tenant of real
8 property within 1200 feet of a dangerous or unsafe
9 building seeking an order compelling the owner or owners
10 of the building to take any of the actions authorized
11 under that subsection.
12 (ee) Adoptions.
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (ff) Adoption exemptions.
20 No fee other than that set forth in subsection (ee)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
24 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
25 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
26 Sec. 27.2a. The fees of the clerks of the circuit court
27 in all counties having a population of 3,000,000 or more
28 inhabitants in the instances described in this Section shall
29 be as provided in this Section. In those instances where a
30 minimum and maximum fee is stated, the clerk of the circuit
31 court must charge the minimum fee listed and may charge up to
32 the maximum fee if the county board has by resolution
33 increased the fee. The fees shall be paid in advance and
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1 shall be as follows:
2 (a) Civil Cases.
3 The fee for filing a complaint, petition, or other
4 pleading initiating a civil action, with the following
5 exceptions, shall be a minimum of $190 and a maximum of
6 $240.
7 (A) When the amount of money or damages or the
8 value of personal property claimed does not exceed
9 $250, a minimum of $15 and a maximum of $22.
10 (B) When that amount exceeds $250 but does not
11 exceed $1000, a minimum of $40 and a maximum of $75.
12 (C) When that amount exceeds $1000 but does
13 not exceed $2500, a minimum of $50 and a maximum of
14 $80.
15 (D) When that amount exceeds $2500 but does
16 not exceed $5000, a minimum of $100 and a maximum of
17 $130.
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 (G) For the final determination of parking,
26 standing, and compliance violations and final
27 administrative decisions issued after hearings
28 regarding vehicle immobilization and impoundment
29 made pursuant to Sections 3-704.1, 6-306.5, and
30 11-208.3 of the Illinois Vehicle Code, $25.
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
34 claim for possession of the property a claim for rent or
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1 damages or both in the amount of $15,000 or less, a
2 minimum of $75 and a maximum of $140. When the plaintiff
3 unites his or her claim for possession with a claim for
4 rent or damages or both exceeding $15,000, a minimum of
5 $225 and a maximum of $335.
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, a minimum of $60 and a maximum of $70.
19 When the amount exceeds $1500, but does not exceed $5000,
20 a minimum of $75 and a maximum of $150. When the amount
21 exceeds $5000, but does not exceed $15,000, a minimum of
22 $175 and a maximum of $260. When the amount exceeds
23 $15,000, a minimum of $250 and a maximum of $310.
24 (e) Appearance.
25 The fee for filing an appearance in each civil case
26 shall be a minimum of $75 and a maximum of $110, except
27 as follows:
28 (A) When the plaintiff in a forcible entry and
29 detainer case seeks possession only, a minimum of
30 $40 and a maximum of $80.
31 (B) When the amount in the case does not
32 exceed $1500, a minimum of $40 and a maximum of $80.
33 (C) When that amount exceeds $1500 but does
34 not exceed $15,000, a minimum of $60 and a maximum
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1 of $90.
2 (f) Garnishment, Wage Deduction, and Citation.
3 In garnishment affidavit, wage deduction affidavit,
4 and citation petition when the amount does not exceed
5 $1,000, a minimum of $15 and a maximum of $25; when the
6 amount exceeds $1,000 but does not exceed $5,000, a
7 minimum of $30 and a maximum of $45; and when the amount
8 exceeds $5,000, a minimum of $50 and a maximum of $80.
9 (g) Petition to Vacate, or Modify, or Reconsider.
10 (1) Petition to vacate, or modify, or reconsider
11 any final judgment or order of court, except in forcible
12 entry and detainer cases and small claims cases or a
13 petition to reopen an estate, to modify, terminate, or
14 enforce a judgment or order for child or spousal support,
15 or to modify, suspend, or terminate an order for
16 withholding, if filed before 30 days after the entry of
17 the judgment or order, a minimum of $50 and a maximum of
18 $60.
19 (2) Petition to vacate, or modify, or reconsider
20 any final judgment or order of court, except a petition
21 to modify, terminate, or enforce a judgment or order for
22 child or spousal support or to modify, suspend, or
23 terminate an order for withholding, if filed later than
24 30 days after the entry of the judgment or order, a
25 minimum of $75 and a maximum of $90.
26 (3) Petition to vacate order of bond forfeiture, a
27 minimum of $40 and a maximum of $80.
28 (h) Mailing.
29 When the clerk is required to mail, the fee will be
30 a minimum of $10 and a maximum of $15, plus the cost of
31 postage.
32 (i) Certified Copies.
33 Each certified copy of a judgment after the first,
34 except in small claims and forcible entry and detainer
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1 cases, a minimum of $15 and a maximum of $20.
2 (j) Habeas Corpus.
3 For filing a petition for relief by habeas corpus, a
4 minimum of $125 and a maximum of $190.
5 (k) Certification, Authentication, and Reproduction.
6 (1) Each certification or authentication for taking
7 the acknowledgment of a deed or other instrument in
8 writing with the seal of office, a minimum of $6 and a
9 maximum of $9.
10 (2) Court appeals when original documents are
11 forwarded, under 100 pages, plus delivery and costs, a
12 minimum of $75 and a maximum of $110.
13 (3) Court appeals when original documents are
14 forwarded, over 100 pages, plus delivery and costs, a
15 minimum of $150 and a maximum of $185.
16 (4) Court appeals when original documents are
17 forwarded, over 200 pages, an additional fee of a minimum
18 of 25 and a maximum of 30 cents per page.
19 (5) For reproduction of any document contained in
20 the clerk's files:
21 (A) First page, $2.
22 (B) Next 19 pages, 50 cents per page.
23 (C) All remaining pages, 25 cents per page.
24 (l) Remands.
25 In any cases remanded to the Circuit Court from the
26 Supreme Court or the Appellate Court for a new trial, the
27 clerk shall file the remanding order and reinstate the
28 case with either its original number or a new number.
29 The Clerk shall not charge any new or additional fee for
30 the reinstatement. Upon reinstatement the Clerk shall
31 advise the parties of the reinstatement. A party shall
32 have the same right to a jury trial on remand and
33 reinstatement as he or she had before the appeal, and no
34 additional or new fee or charge shall be made for a jury
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1 trial after remand.
2 (m) Record Search.
3 For each record search, within a division or
4 municipal district, the clerk shall be entitled to a
5 search fee of a minimum of $6 and a maximum of $9 for
6 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 a minimum of $6 and a
11 maximum of $9.
12 (o) Index Inquiry and Other Records.
13 No fee shall be charged for a single
14 plaintiff/defendant index inquiry or single case record
15 inquiry when this request is made in person and the
16 records are maintained in a current automated medium, and
17 when no hard copy print output is requested. The fees to
18 be charged for management records, multiple case records,
19 and multiple journal records may be specified by the
20 Chief Judge pursuant to the guidelines for access and
21 dissemination of information approved by the Supreme
22 Court.
23 (p) Commitment Petitions.
24 For filing commitment petitions under the Mental
25 Health and Developmental Disabilities Code, a minimum of
26 $50 and a maximum of $100.
27 (q) Alias Summons.
28 For each alias summons or citation issued by the
29 clerk, a minimum of $5 and a maximum of $6.
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 a minimum of
15 $212.50 and maximum of $230, as a fee for the services of
16 a jury in every civil action not quasi-criminal in its
17 nature and not a proceeding for the exercise of the right
18 of eminent domain and in every other action wherein the
19 right of trial by jury is or may be given by law. The
20 jury fee shall be paid by the party demanding a jury at
21 the time of filing the jury demand. If the fee is not
22 paid by either party, no jury shall be called in the
23 action or proceeding, and the same shall be tried by the
24 court without a jury.
25 (t) Voluntary Assignment.
26 For filing each deed of voluntary assignment, a
27 minimum of $20 and a maximum of $40; for recording the
28 same, a minimum of 50¢ and a maximum of $0.80 for each
29 100 words. Exceptions filed to claims presented to an
30 assignee of a debtor who has made a voluntary assignment
31 for the benefit of creditors shall be considered and
32 treated, for the purpose of taxing costs therein, as
33 actions in which the party or parties filing the
34 exceptions shall be considered as party or parties
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1 plaintiff, and the claimant or claimants as party or
2 parties defendant, and those parties respectively shall
3 pay to the clerk the same fees as provided by this
4 Section to be paid in other actions.
5 (u) Expungement Petition.
6 The clerk shall be entitled to receive a fee of a
7 minimum of $60 and a maximum of $120 for each expungement
8 petition filed and an additional fee of a minimum of $4
9 and a maximum of $8 for each certified copy of an order
10 to expunge arrest records.
11 (v) Probate.
12 The clerk is entitled to receive the fees specified
13 in this subsection (v), which shall be paid in advance,
14 except that, for good cause shown, the court may suspend,
15 reduce, or release the costs payable under this
16 subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person, a
19 minimum of $150 and a maximum of $225, plus the fees
20 specified in subsection (v)(3), except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be a
23 minimum of $40 and a maximum of $65.
24 (B) When (i) proof of heirship alone is made,
25 (ii) a domestic or foreign will is admitted to
26 probate without administration (including proof of
27 heirship), or (iii) letters of office are issued for
28 a particular purpose without administration of the
29 estate, the fee shall be a minimum of $40 and a
30 maximum of $65.
31 (2) For administration of the estate of a ward, a
32 minimum of $75 and a maximum of $110, plus the fees
33 specified in subsection (v)(3), except:
34 (A) When the value of the real and personal
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1 property does not exceed $15,000, the fee shall be a
2 minimum of $40 and a maximum of $65.
3 (B) When (i) letters of office are issued to a
4 guardian of the person or persons, but not of the
5 estate or (ii) letters of office are issued in the
6 estate of a ward without administration of the
7 estate, including filing or joining in the filing of
8 a tax return or releasing a mortgage or consenting
9 to the marriage of the ward, the fee shall be a
10 minimum of $20 and a maximum of $40.
11 (3) In addition to the fees payable under
12 subsection (v)(1) or (v)(2) of this Section, the
13 following fees are payable:
14 (A) For each account (other than one final
15 account) filed in the estate of a decedent, or ward,
16 a minimum of $25 and a maximum of $40.
17 (B) For filing a claim in an estate when the
18 amount claimed is $150 or more but less than $500, a
19 minimum of $20 and a maximum of $40; when the amount
20 claimed is $500 or more but less than $10,000, a
21 minimum of $40 and a maximum of $65; when the amount
22 claimed is $10,000 or more, a minimum of $60 and a
23 maximum of $90; provided that the court in allowing
24 a claim may add to the amount allowed the filing fee
25 paid by the claimant.
26 (C) For filing in an estate a claim, petition,
27 or supplemental proceeding based upon an action
28 seeking equitable relief including the construction
29 or contest of a will, enforcement of a contract to
30 make a will, and proceedings involving testamentary
31 trusts or the appointment of testamentary trustees,
32 a minimum of $60 and a maximum of $90.
33 (D) For filing in an estate (i) the appearance
34 of any person for the purpose of consent or (ii) the
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1 appearance of an executor, administrator,
2 administrator to collect, guardian, guardian ad
3 litem, or special administrator, no fee.
4 (E) Except as provided in subsection
5 (v)(3)(D), for filing the appearance of any person
6 or persons, a minimum of $30 and a maximum of $90.
7 (F) For each jury demand, a minimum of $137.50
8 and a maximum of $180.
9 (G) For disposition of the collection of a
10 judgment or settlement of an action or claim for
11 wrongful death of a decedent or of any cause of
12 action of a ward, when there is no other
13 administration of the estate, a minimum of $50 and a
14 maximum of $80, less any amount paid under
15 subsection (v)(1)(B) or (v)(2)(B) except that if the
16 amount involved does not exceed $5,000, the fee,
17 including any amount paid under subsection (v)(1)(B)
18 or (v)(2)(B), shall be a minimum of $20 and a
19 maximum of $40.
20 (H) For each certified copy of letters of
21 office, of court order or other certification, a
22 minimum of $2 and a maximum of $4, plus $1 per page
23 in excess of 3 pages for the document certified.
24 (I) For each exemplification, $2, plus the fee
25 for certification.
26 (4) The executor, administrator, guardian,
27 petitioner, or other interested person or his or her
28 attorney shall pay the cost of publication by the clerk
29 directly to the newspaper.
30 (5) The person on whose behalf a charge is incurred
31 for witness, court reporter, appraiser, or other
32 miscellaneous fee shall pay the same directly to the
33 person entitled thereto.
34 (6) The executor, administrator, guardian,
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1 petitioner, or other interested person or his or her
2 attorney shall pay to the clerk all postage charges
3 incurred by the clerk in mailing petitions, orders,
4 notices, or other documents pursuant to the provisions of
5 the Probate Act of 1975.
6 (w) Criminal and Quasi-Criminal Costs and Fees.
7 (1) The clerk shall be entitled to costs in all
8 criminal and quasi-criminal cases from each person
9 convicted or sentenced to supervision therein as follows:
10 (A) Felony complaints, a minimum of $125 and a
11 maximum of $190.
12 (B) Misdemeanor complaints, a minimum of $75
13 and a maximum of $110.
14 (C) Business offense complaints, a minimum of
15 $75 and a maximum of $110.
16 (D) Petty offense complaints, a minimum of $75
17 and a maximum of $110.
18 (E) Minor traffic or ordinance violations,
19 $30.
20 (F) When court appearance required, $50.
21 (G) Motions to vacate or amend final orders, a
22 minimum of $40 and a maximum of $80.
23 (H) Motions to vacate bond forfeiture orders,
24 a minimum of $30 and a maximum of $45.
25 (I) Motions to vacate ex parte judgments,
26 whenever filed, a minimum of $30 and a maximum of
27 $45.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, a minimum of $25 and a maximum of
30 $30.
31 (K) Motions to vacate "failure to appear" or
32 "failure to comply" notices sent to the Secretary of
33 State, a minimum of $40 and a maximum of $50.
34 (2) In counties having a population of 3,000,000 or
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1 more, when the violation complaint is issued by a
2 municipal police department, the clerk shall be entitled
3 to costs from each person convicted therein as follows:
4 (A) Minor traffic or ordinance violations,
5 $30.
6 (B) When court appearance required, $50.
7 (3) In ordinance violation cases punishable by fine
8 only, the clerk of the circuit court shall be entitled to
9 receive, unless the fee is excused upon a finding by the
10 court that the defendant is indigent, in addition to
11 other fees or costs allowed or imposed by law, the sum of
12 a minimum of $112.50 and a maximum of $250 as a fee for
13 the services of a jury. The jury fee shall be paid by
14 the defendant at the time of filing his or her jury
15 demand. If the fee is not so paid by the defendant, no
16 jury shall be called, and the case shall be tried by the
17 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, a minimum of $40
29 and a maximum of $65.
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, a minimum of $50 and a maximum of $100.
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1 (aa) Tax Deeds.
2 (1) Petition for tax deed, if only one parcel is
3 involved, a minimum of $250 and a maximum of $400.
4 (2) For each additional parcel, add a fee of a
5 minimum of $100 and a maximum of $200.
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 maintaining child support records and
21 the processing of support orders to the State of Illinois
22 KIDS system and the recording of payments issued by the
23 State Disbursement Unit for the official record of the
24 Court. This fee shall be in addition to and separate
25 from amounts ordered to be paid as maintenance or child
26 support and shall be deposited into a Separate
27 Maintenance and Child Support Collection Fund, of which
28 the clerk shall be the custodian, ex-officio, to be used
29 by the clerk to maintain child support orders and record
30 all payments issued by the State Disbursement Unit for
31 the official record of the Court. The clerk may recover
32 from the person making the maintenance or child support
33 payment any additional cost incurred in the collection of
34 this annual fee.
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1 The clerk shall also be entitled to a fee of $5 for
2 certifications made to the Secretary of State as provided
3 in Section 7-703 of the Family Financial Responsibility
4 Law and these fees shall also be deposited into the
5 Separate Maintenance and Child Support Collection Fund.
6 (cc) Corrections of Numbers.
7 For correction of the case number, case title, or
8 attorney computer identification number, if required by
9 rule of court, on any document filed in the clerk's
10 office, to be charged against the party that filed the
11 document, a minimum of $25 and a maximum of $40.
12 (dd) Exceptions.
13 (1) The fee requirements of this Section shall not
14 apply to police departments or other law enforcement
15 agencies. In this Section, "law enforcement agency"
16 means an agency of the State or a unit of local
17 government which is vested by law or ordinance with the
18 duty to maintain public order and to enforce criminal
19 laws or ordinances. "Law enforcement agency" also means
20 the Attorney General or any state's attorney.
21 (2) No fee provided herein shall be charged to any
22 unit of local government or school district. The fee
23 requirements of this Section shall not apply to any
24 action instituted under subsection (b) of Section 11-31-1
25 of the Illinois Municipal Code by a private owner or
26 tenant of real property within 1200 feet of a dangerous
27 or unsafe building seeking an order compelling the owner
28 or owners of the building to take any of the actions
29 authorized under that subsection.
30 (ee) Adoption.
31 (1) For an adoption.............................$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. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
8 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)