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90_SB1315ham001
LRB9008998SMmbam02
1 AMENDMENT TO SENATE BILL 1315
2 AMENDMENT NO. . Amend Senate Bill 1315 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT regarding human services."; and
5 on page 8, below line 19, by inserting the following:
6 "Section 20. The Clerks of Courts Act is amended by
7 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
8 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
9 Sec. 27.1. The fees of the Clerk of the Circuit Court in
10 all counties having a population of 180,000 inhabitants or
11 less shall be paid in advance, except as otherwise provided,
12 and shall be as follows:
13 (a) Civil Cases
14 (1) All civil cases except as otherwise
15 provided........................................... $40
16 (2) Judicial Sales (except Probate).......... $40
17 (b) Family
18 (1) Commitment petitions under the Mental
19 Health and Developmental Disabilities Code, filing
20 transcript of commitment proceedings held in
21 another county, and cases under the Juvenile Court
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1 Act of 1987........................................ $25
2 (2) Petition for Marriage Licenses........... $10
3 (3) Marriages in Court....................... $10
4 (4) Paternity................................ $40
5 (c) Criminal and Quasi-Criminal
6 (1) Each person convicted of a felony........ $40
7 (2) Each person convicted of a misdemeanor,
8 leaving scene of an accident, driving while
9 intoxicated, reckless driving or drag racing,
10 driving when license revoked or suspended,
11 overweight, or no interstate commerce certificate,
12 or when the disposition is court supervision....... $25
13 (3) Each person convicted of a business
14 offense............................................ $25
15 (4) Each person convicted of a petty offense. $25
16 (5) Minor traffic, conservation, or
17 ordinance violation, including
18 without limitation when the disposition is
19 court supervision:
20 (i) For each offense.................... $10
21 (ii) For each notice sent to the
22 defendant's last known address pursuant to
23 subsection (c) of Section 6-306.4 of the Illinois
24 Vehicle Code....................................... $2
25 (iii) For each notice sent to the
26 Secretary of State pursuant to subsection (c) of
27 Section 6-306.4 of the Illinois Vehicle Code....... $2
28 (6) When Court Appearance required........... $15
29 (7) Motions to vacate or amend final orders.. $10
30 (8) In ordinance violation cases punishable
31 by fine only, the clerk of the circuit court shall
32 be entitled to receive, unless the fee is excused
33 upon a finding by the court that the defendant is
34 indigent, in addition to other fees or costs
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1 allowed or imposed by law, the sum of $50 as a fee
2 for the services of a jury. The jury fee shall be
3 paid by the defendant at the time of filing his or
4 her jury demand. If the fee is not so paid by the
5 defendant, no jury shall be called, and the case
6 shall be tried by the court without a jury.
7 (d) Other Civil Cases
8 (1) Money or personal property claimed does
9 not exceed $500.................................... $10
10 (2) Exceeds $500 but not more than $10,000... $25
11 (3) Exceeds $10,000, when relief in addition
12 to or supplemental to recovery of money alone is
13 sought in an action to recover personal property
14 taxes or retailers occupational tax regardless of
15 amount claimed..................................... $45
16 (4) The Clerk of the Circuit Court shall be
17 entitled to receive, in addition to other fees
18 allowed by law, the sum of $50, as a fee for the
19 services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding
21 for the exercise of the right of eminent domain,
22 and in every equitable action wherein the right of
23 trial by jury is or may be given by law. The jury
24 fee shall be paid by the party demanding a jury at
25 the time of filing his jury demand. If such a fee
26 is not paid by either party, no jury shall be
27 called in the action, suit, or proceeding, and the
28 same shall be tried by the court without a jury.
29 (e) Confession of judgment and answer
30 (1) When the amount does not exceed $1,000... $20
31 (2) Exceeds $1,000........................... $40
32 (f) Auxiliary Proceedings
33 Any auxiliary proceeding relating to the
34 collection of a money judgment, including
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1 garnishment, citation, or wage deduction action.... $5
2 (g) Forcible entry and detainer
3 (1) For possession only or possession and
4 rent not in excess of $10,000...................... $10
5 (2) For possession and rent in excess of
6 $10,000............................................ $40
7 (h) Eminent Domain
8 (1) Exercise of Eminent Domain............... $45
9 (2) For each and every lot or tract of land
10 or right or interest therein subject to be
11 condemned, the damages in respect to which shall
12 require separate assessments by a jury............. $45
13 (i) Reinstatement
14 Each case including petition for modification
15 of a judgment or order of Court if filed later than
16 30 days after the entry of a judgment or order,
17 except in forcible entry and detainer cases and
18 small claims and except a petition to modify,
19 terminate, or enforce a judgement or order for
20 child or spousal support or to modify, suspend, or
21 terminate an order for withholding, petition to
22 vacate judgment of dismissal for want of
23 prosecution whenever filed, petition to reopen an
24 estate, or redocketing of any cause................ $20
25 (j) Probate
26 (1) Administration of decedent's estates,
27 whether testate or intestate, guardianships of the
28 person or estate or both of a person under legal
29 disability, guardianships of the person or estate
30 or both of a minor, or petitions to sell real
31 estate in the administration of any estate......... $50
32 (2) Small estates in cases where the real and
33 personal property of an estate does not exceed
34 $5,000............................................. $25
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1 (3) At any time during the administration of
2 the estate, however, at the request of the Clerk,
3 the Court shall examine the record of the estate
4 and the personal representative to determine the
5 total value of the real and personal property of
6 the estate, and if such value exceeds $5,000 shall
7 order the payment of an additional fee in the
8 amount of.......................................... $40
9 (4) Inheritance tax proceedings.............. $15
10 (5) Issuing letters only for a certain
11 specific reason other than the administration of an
12 estate, including but not limited to the release of
13 mortgage; the issue of letters of guardianship in
14 order that consent to marriage may be granted or
15 for some other specific reason other than for the
16 care of property or person; proof of heirship
17 without administration; or when a will is to be
18 admitted to probate, but the estate is to be
19 settled without administration..................... $10
20 (6) When a separate complaint relating to any
21 matter other than a routine claim is filed in an
22 estate, the required additional fee shall be
23 charged for such filing............................ $45
24 (k) Change of Venue
25 From a court, the charge is the same amount as
26 the original filing fee; however, the fee for
27 preparation and certification of record on change
28 of venue, when original documents or copies are
29 forwarded.......................................... $10
30 (l) Answer, adverse pleading, or appearance
31 In civil cases................................ $15
32 With the following exceptions:
33 (1) When the amount does not exceed $500..... $5
34 (2) When amount exceeds $500 but not $10,000. $10
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1 (3) When amount exceeds $10,000.............. $15
2 (4) Court appeals when documents are
3 forwarded, over 200 pages, additional fee per page
4 over 200........................................... 10¢
5 (m) Tax objection complaints
6 For each tax objection complaint containing
7 one or more tax objections, regardless of the
8 number of parcels involved or the number of
9 taxpayers joining the complaint.................... $10
10 (n) Tax deed
11 (1) Petition for tax deed, if only one parcel
12 is involved........................................ $45
13 (2) For each additional parcel involved, an
14 additional fee of.................................. $10
15 (o) Mailing Notices and Processes
16 (1) All notices that the clerk is required to
17 mail as first class mail........................... $2
18 (2) For all processes or notices the Clerk is
19 required to mail by certified or registered mail,
20 the fee will be $2 plus cost of postage.
21 (p) Certification or Authentication
22 (1) Each certification or authentication for
23 taking the acknowledgement of a deed or other
24 instrument in writing with seal of office.......... $2
25 (2) Court appeals when original documents are
26 forwarded, 100 pages or under, plus delivery costs. $25
27 (3) Court appeals when original documents are
28 forwarded, over 100 pages, plus delivery costs..... $60
29 (4) Court appeals when original documents are
30 forwarded, over 200 pages, additional fee per page
31 over 200........................................... 10¢
32 (q) Reproductions
33 Each record of proceedings and judgment,
34 whether on appeal, change of venue, certified
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1 copies of orders and judgments, and all other
2 instruments, documents, records, or papers:
3 (1) First page.......................... $1
4 (2) Next 19 pages, per page............. 50¢
5 (3) All remaining pages, per page....... 25¢
6 (r) Counterclaim
7 When any defendant files a counterclaim as
8 part of his or her answer or otherwise, or joins
9 another party as a third party defendant, or both,
10 he or she shall pay a fee for each such
11 counterclaim or third party action in an amount
12 equal to the fee he or she would have had to pay
13 had he or she brought a separate action for the
14 relief sought in the counterclaim or against the
15 third party defendant, less the amount of the
16 appearance fee, if that has been paid.
17 (s) Transcript of Judgment
18 From a court, the same fee as if case
19 originally filed.
20 (t) Publications
21 The cost of publication shall be paid directly
22 to the publisher by the person seeking the
23 publication, whether the clerk is required by law
24 to publish, or the parties to the action.
25 (u) Collections
26 (1) For all collections made for others,
27 except the State and County and except in
28 maintenance or child support cases, a sum equal to
29 2% of the amount collected and turned over.
30 (2) In any cases remanded to the Circuit
31 Court from the Supreme Court or the Appellate
32 Court, the Clerk shall file the remanding order and
33 reinstate the case with either its original number
34 or a new number. The Clerk shall not charge any
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1 new or additional fee for the reinstatement. Upon
2 reinstatement the Clerk shall advise the parties of
3 the reinstatement. A party shall have the same
4 right to a jury trial on remand and reinstatement
5 as he or she had before the appeal, and no
6 additional or new fee or charge shall be made for a
7 jury trial after remand.
8 (3) In maintenance and child support matters,
9 the Clerk may deduct from each payment an amount
10 equal to the United States postage to be used in
11 mailing the maintenance or child support check to
12 the recipient. In such cases, the Clerk shall
13 collect an annual fee of up to $36 from the person
14 making such payment for administering the
15 collection and distribution of maintenance and
16 child support payments. Such sum shall be in
17 addition to and separate from amounts ordered to be
18 paid as maintenance or child support and shall be
19 deposited in a separate Maintenance and Child
20 Support Collection Fund of which the Clerk shall be
21 the custodian, ex officio, to be used by the Clerk
22 to further maintenance and child support collection
23 efforts in his office. Unless paid in cash or
24 pursuant to an order for withholding, the payment
25 of the fee shall be by a separate instrument from
26 the support payment and shall be made to the order
27 of the Clerk. 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
30 annual fee.
31 The Clerk shall also be entitled to a fee of
32 $5 for certifications made to the Secretary of
33 State as provided in Section 7-703 of the Family
34 Financial Responsibility Law and these fees shall
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1 also be deposited into the Separate Maintenance and
2 Child Support Collection Fund.
3 (v) Correction of Cases
4 For correcting the case number or case title
5 on any document filed in his office, to be charged
6 against the party that filed the document.......... $10
7 (w) Record Search
8 For searching a record, per year searched..... $4
9 (x) Printed Output
10 For each page of hard copy print output, when
11 case records are maintained on an automated medium. $2
12 (y) Alias Summons
13 For each alias summons issued................. $2
14 (z) Expungement of Records
15 For each expungement petition filed........... $15
16 (aa) Other Fees
17 Any fees not covered by this Section shall be set by
18 rule or administrative order of the Circuit Court, with
19 the approval of the Supreme Court.
20 (bb) Exemptions
21 No fee provided for herein shall be charged to any
22 unit of State or local government or school district
23 unless the Court orders another party to pay such fee on
24 its behalf. The fee requirements of this Section shall
25 not apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency"
27 means an agency of the State or a unit of local
28 government that is vested by law or ordinance with the
29 duty to maintain public order and to enforce criminal
30 laws and ordinances. The fee requirements of this Section
31 shall not apply to any action instituted under subsection
32 (b) of Section 11-31-1 of the Illinois Municipal Code by
33 a private owner or tenant of real property within 1200
34 feet of a dangerous or unsafe building seeking an order
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1 compelling the owner or owners of the building to take
2 any of the actions authorized under that subsection.
3 (cc) Adoptions
4 (1) For an adoption..............................$65
5 (2) Upon good cause shown, the court may waive the
6 adoption filing fee in a special needs adoption. The
7 term "special needs adoption" shall have the meaning
8 ascribed to it by the Illinois Department of Children and
9 Family Services.
10 (3) For requesting a copy of a final decree of
11 adoption, relief from a final judgment or order,
12 appointment of a confidential intermediary, or requesting
13 non-identifying information...........................$40
14 (dd) Adoption exemptions
15 No fee other than that set forth in subsection (cc)
16 shall be charged to any person in connection with an
17 adoption proceeding.
18 (ee) Additional Services
19 Beginning July 1, 1993, the clerk of the circuit
20 court may provide such additional services for which
21 there is no fee specified by statute in connection with
22 the operation of the clerk's office as may be requested
23 by the public and agreed to by the public and by the
24 clerk. Any charges for additional services shall be as
25 agreed to between the clerk and the party making the
26 request. Nothing in this subsection shall be as agreed
27 to between the clerk and the party making the request.
28 Nothing in this subsection shall be construed to require
29 any clerk to provide any service not otherwise required
30 by law.
31 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
32 90-466, eff. 8-17-97.)
33 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
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1 Sec. 27.1a. The fees of the clerks of the circuit court
2 in all counties having a population in excess of 180,000 but
3 not more than 650,000 inhabitants in the instances described
4 in this Section shall be as provided in this Section. The
5 fees shall be paid in advance and shall be as follows:
6 (a) Civil Cases.
7 The fee for filing a complaint, petition, or other
8 pleading initiating a civil action, with the following
9 exceptions, shall be $150.
10 (A) When the amount of money or damages or the
11 value of personal property claimed does not exceed
12 $250, $10.
13 (B) When that amount exceeds $250 but does not
14 exceed $500, $20.
15 (C) When that amount exceeds $500 but does not
16 exceed $2500, $30.
17 (D) When that amount exceeds $2500 but does
18 not exceed $15,000, $75.
19 (E) For the exercise of eminent domain, $150.
20 For each additional lot or tract of land or right or
21 interest therein subject to be condemned, the
22 damages in respect to which shall require separate
23 assessment by a jury, $150.
24 (a-1) Family.
25 For filing a petition under the Juvenile Court Act
26 of 1987, $25.
27 For filing a petition for a marriage license, $10.
28 For performing a marriage in court, $10.
29 For filing a petition under the Illinois Parentage
30 Act of 1984, $40.
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, $40.
2 When the plaintiff unites his or her claim for possession
3 with a claim for rent or damages or both exceeding
4 $15,000, $150.
5 (c) Counterclaim or Joining Third Party Defendant.
6 When any defendant files a counterclaim as part of
7 his or her answer or otherwise or joins another party as
8 a third party defendant, or both, the defendant shall pay
9 a fee for each counterclaim or third party action in an
10 amount equal to the fee he or she would have had to pay
11 had he or she brought a separate action for the relief
12 sought in the counterclaim or against the third party
13 defendant, less the amount of the appearance fee, if that
14 has been paid.
15 (d) Confession of Judgment.
16 In a confession of judgment when the amount does not
17 exceed $1500, $50. When the amount exceeds $1500, but
18 does not exceed $15,000, $115. When the amount exceeds
19 $15,000, $200.
20 (e) Appearance.
21 The fee for filing an appearance in each civil case
22 shall be $50, except as follows:
23 (A) When the plaintiff in a forcible entry and
24 detainer case seeks possession only, $20.
25 (B) When the amount in the case does not
26 exceed $1500, $20.
27 (C) When that amount exceeds $1500 but does
28 not exceed $15,000, $40.
29 (f) Garnishment, Wage Deduction, and Citation.
30 In garnishment affidavit, wage deduction affidavit,
31 and citation petition when the amount does not exceed
32 $1,000, $10; when the amount exceeds $1,000 but does not
33 exceed $5,000, $20; and when the amount exceeds $5,000,
34 $30.
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1 (g) Petition to Vacate or Modify.
2 (1) Petition to vacate or modify any final judgment
3 or order of court, except in forcible entry and detainer
4 cases and small claims cases or a petition to reopen an
5 estate, to modify, terminate, or enforce a judgment or
6 order for child or spousal support, or to modify,
7 suspend, or terminate an order for withholding, if filed
8 before 30 days after the entry of the judgment or order,
9 $40.
10 (2) Petition to vacate or modify any final judgment
11 or order of court, except a petition to modify,
12 terminate, or enforce a judgment or order for child or
13 spousal support or to modify, suspend, or terminate an
14 order for withholding, if filed later than 30 days after
15 the entry of the judgment or order, $60.
16 (3) Petition to vacate order of bond forfeiture,
17 $20.
18 (h) Mailing.
19 When the clerk is required to mail, the fee will be
20 $6, plus the cost of postage.
21 (i) Certified Copies.
22 Each certified copy of a judgment after the first,
23 except in small claims and forcible entry and detainer
24 cases, $10.
25 (j) Habeas Corpus.
26 For filing a petition for relief by habeas corpus,
27 $80.
28 (k) Certification, Authentication, and Reproduction.
29 (1) Each certification or authentication for taking
30 the acknowledgment of a deed or other instrument in
31 writing with the seal of office, $4.
32 (2) Court appeals when original documents are
33 forwarded, under 100 pages, plus delivery and costs, $50.
34 (3) Court appeals when original documents are
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1 forwarded, over 100 pages, plus delivery and costs, $120.
2 (4) Court appeals when original documents are
3 forwarded, over 200 pages, an additional fee of 20 cents
4 per page.
5 (5) For reproduction of any document contained in
6 the clerk's files:
7 (A) First page, $2.
8 (B) Next 19 pages, 50 cents per page.
9 (C) All remaining pages, 25 cents per page.
10 (l) Remands.
11 In any cases remanded to the Circuit Court from the
12 Supreme Court or the Appellate Court for a new trial, the
13 clerk shall file the remanding order and reinstate the
14 case with either its original number or a new number. The
15 Clerk shall not charge any new or additional fee for the
16 reinstatement. Upon reinstatement the Clerk shall advise
17 the parties of the reinstatement. A party shall have the
18 same right to a jury trial on remand and reinstatement as
19 he or she had before the appeal, and no additional or new
20 fee or charge shall be made for a jury trial after
21 remand.
22 (m) Record Search.
23 For each record search, within a division or
24 municipal district, the clerk shall be entitled to a
25 search fee of $4 for each year searched.
26 (n) Hard Copy.
27 For each page of hard copy print output, when case
28 records are maintained on an automated medium, the clerk
29 shall be entitled to a fee of $4.
30 (o) Index Inquiry and Other Records.
31 No fee shall be charged for a single
32 plaintiff/defendant index inquiry or single case record
33 inquiry when this request is made in person and the
34 records are maintained in a current automated medium, and
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1 when no hard copy print output is requested. The fees to
2 be charged for management records, multiple case records,
3 and multiple journal records may be specified by the
4 Chief Judge pursuant to the guidelines for access and
5 dissemination of information approved by the Supreme
6 Court.
7 (p) Commitment Petitions.
8 For filing commitment petitions under the Mental
9 Health and Developmental Disabilities Code and for filing
10 a transcript of commitment proceedings held in another
11 county, $25.
12 (q) Alias Summons.
13 For each alias summons or citation issued by the
14 clerk, $4.
15 (r) Other Fees.
16 Any fees not covered in this Section shall be set by
17 rule or administrative order of the Circuit Court with
18 the approval of the Administrative Office of the Illinois
19 Courts.
20 The clerk of the circuit court may provide
21 additional services for which there is no fee specified
22 by statute in connection with the operation of the
23 clerk's office as may be requested by the public and
24 agreed to by the clerk and approved by the chief judge of
25 the circuit court. Any charges for additional services
26 shall be as agreed to between the clerk and the party
27 making the request and approved by the chief judge of the
28 circuit court. Nothing in this subsection shall be
29 construed to require any clerk to provide any service not
30 otherwise required by law.
31 (s) Jury Services.
32 The clerk shall be entitled to receive, in addition
33 to other fees allowed by law, the sum of $180, as a fee
34 for the services of a jury in every civil action not
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1 quasi-criminal in its nature and not a proceeding for the
2 exercise of the right of eminent domain and in every
3 other action wherein the right of trial by jury is or may
4 be given by law. The jury fee shall be paid by the party
5 demanding a jury at the time of filing the jury demand.
6 If the fee is not paid by either party, no jury shall be
7 called in the action or proceeding, and the same shall be
8 tried by the court without a jury.
9 (t) Voluntary Assignment.
10 For filing each deed of voluntary assignment, $10;
11 for recording the same, 25¢ for each 100 words.
12 Exceptions filed to claims presented to an assignee of a
13 debtor who has made a voluntary assignment for the
14 benefit of creditors shall be considered and treated, for
15 the purpose of taxing costs therein, as actions in which
16 the party or parties filing the exceptions shall be
17 considered as party or parties plaintiff, and the
18 claimant or claimants as party or parties defendant, and
19 those parties respectively shall pay to the clerk the
20 same fees as provided by this Section to be paid in other
21 actions.
22 (u) Expungement Petition.
23 The clerk shall be entitled to receive a fee of $30
24 for each expungement petition filed and an additional fee
25 of $2 for each certified copy of an order to expunge
26 arrest records.
27 (v) Probate.
28 The clerk is entitled to receive the fees specified in
29 this subsection (v), which shall be paid in advance, except
30 that, for good cause shown, the court may suspend, reduce, or
31 release the costs payable under this subsection:
32 (1) For administration of the estate of a decedent
33 (whether testate or intestate) or of a missing person,
34 $100, plus the fees specified in subsection (v)(3),
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1 except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be
4 $25.
5 (B) When (i) proof of heirship alone is made,
6 (ii) a domestic or foreign will is admitted to
7 probate without administration (including proof of
8 heirship), or (iii) letters of office are issued for
9 a particular purpose without administration of the
10 estate, the fee shall be $25.
11 (2) For administration of the estate of a ward,
12 $50, plus the fees specified in subsection (v)(3),
13 except:
14 (A) When the value of the real and personal
15 property does not exceed $15,000, the fee shall be
16 $25.
17 (B) When (i) letters of office are issued to a
18 guardian of the person, but not of the estate or
19 (ii) letters of office are issued in the estate of a
20 ward without administration of the estate, including
21 filing or joining in the filing of a tax return or
22 releasing a mortgage or consenting to the marriage
23 of the ward, the fee shall be $10.
24 (3) In addition to the fees payable under
25 subsection (v)(1) or (v)(2) of this Section, the
26 following fees are payable:
27 (A) For each account (other than one final
28 account) filed in the estate of a decedent, or ward,
29 $15.
30 (B) For filing a claim in an estate when the
31 amount claimed is $150 or more but less than $500,
32 $10; when the amount claimed is $500 or more but
33 less than $10,000, $25; when the amount claimed is
34 $10,000 or more, $40; provided that the court in
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1 allowing a claim may add to the amount allowed the
2 filing fee paid by the claimant.
3 (C) For filing in an estate a claim, petition,
4 or supplemental proceeding based upon an action
5 seeking equitable relief including the construction
6 or contest of a will, enforcement of a contract to
7 make a will, and proceedings involving testamentary
8 trusts or the appointment of testamentary trustees,
9 $40.
10 (D) For filing in an estate (i) the appearance
11 of any person for the purpose of consent or (ii) the
12 appearance of an executor, administrator,
13 administrator to collect, guardian, guardian ad
14 litem, or special administrator, no fee.
15 (E) Except as provided in subsection
16 (v)(3)(D), for filing the appearance of any person
17 or persons, $10.
18 (F) For each jury demand, $90.
19 (G) For disposition of the collection of a
20 judgment or settlement of an action or claim for
21 wrongful death of a decedent or of any cause of
22 action of a ward, when there is no other
23 administration of the estate, $30, less any amount
24 paid under subsection (v)(1)(B) or (v)(2)(B) except
25 that if the amount involved does not exceed $5,000,
26 the fee, including any amount paid under subsection
27 (v)(1)(B) or (v)(2)(B), shall be $10.
28 (H) For each certified copy of letters of
29 office, of court order or other certification, $1,
30 plus 50¢ per page in excess of 3 pages for the
31 document certified.
32 (I) For each exemplification, $1, plus the fee
33 for certification.
34 (4) The executor, administrator, guardian,
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1 petitioner, or other interested person or his or her
2 attorney shall pay the cost of publication by the clerk
3 directly to the newspaper.
4 (5) The person on whose behalf a charge is incurred
5 for witness, court reporter, appraiser, or other
6 miscellaneous fee shall pay the same directly to the
7 person entitled thereto.
8 (6) The executor, administrator, guardian,
9 petitioner, or other interested person or his or her
10 attorney shall pay to the clerk all postage charges
11 incurred by the clerk in mailing petitions, orders,
12 notices, or other documents pursuant to the provisions of
13 the Probate Act of 1975.
14 (w) Criminal and Quasi-Criminal Costs and Fees.
15 (1) The clerk shall be entitled to costs in all
16 criminal and quasi-criminal cases from each person
17 convicted or sentenced to supervision therein as follows:
18 (A) Felony complaints, $80.
19 (B) Misdemeanor complaints, $50.
20 (C) Business offense complaints, $50.
21 (D) Petty offense complaints, $50.
22 (E) Minor traffic or ordinance violations,
23 $20.
24 (F) When court appearance required, $30.
25 (G) Motions to vacate or amend final orders,
26 $20.
27 (H) Motions to vacate bond forfeiture orders,
28 $20.
29 (I) Motions to vacate ex parte judgments,
30 whenever filed, $20.
31 (J) Motions to vacate judgment on forfeitures,
32 whenever filed, $20.
33 (K) Motions to vacate "failure to appear" or
34 "failure to comply" notices sent to the Secretary of
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1 State, $20.
2 (2) In counties having a population in excess of
3 180,000 but not more than 650,000 inhabitants, when the
4 violation complaint is issued by a municipal police
5 department, the clerk shall be entitled to costs from
6 each person convicted therein as follows:
7 (A) Minor traffic or ordinance violations,
8 $10.
9 (B) When court appearance required, $15.
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 $50 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, $25.
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 on the
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1 complaint, $25.
2 (aa) Tax Deeds.
3 (1) Petition for tax deed, if only one parcel is
4 involved, $150.
5 (2) For each additional parcel, add a fee of $50.
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 2.5% 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, $15.
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.
20 (3) The fee requirements of this Section shall not
21 apply to any action instituted under subsection (b) of
22 Section 11-31-1 of the Illinois Municipal Code by a
23 private owner or tenant of real property within 1200 feet
24 of a dangerous or unsafe building seeking an order
25 compelling the owner or owners of the building to take
26 any of the actions authorized under that subsection.
27 (ee) Adoptions.
28 (1) For an adoption, requesting a copy of a final
29 decree of 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
-23- LRB9008998SMmbam02
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.)
9 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
10 Sec. 27.2. The fees of the clerks of the circuit court
11 in all counties having a population in excess of 650,000
12 inhabitants but less than 3,000,000 inhabitants in the
13 instances described in this Section shall be as provided in
14 this Section. In addition, the fees provided in this Section
15 shall apply to all units of local government and school
16 districts in counties with more than 3,000,000 inhabitants.
17 The fees shall be paid in advance and shall be as follows:
18 (a) Civil Cases.
19 The fee for filing a complaint, petition, or other
20 pleading initiating a civil action, with the following
21 exceptions, shall be $150.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, $10.
25 (B) When that amount exceeds $250 but does not
26 exceed $500, $20.
27 (C) When that amount exceeds $500 but does not
28 exceed $2500, $30.
29 (D) When that amount exceeds $2500 but does
30 not exceed $15,000, $75.
31 (E) For the exercise of eminent domain, $150.
32 For each additional lot or tract of land or right or
33 interest therein subject to be condemned, the
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1 damages in respect to which shall require separate
2 assessment by a jury, $150.
3 (b) Forcible Entry and Detainer.
4 In each forcible entry and detainer case when the
5 plaintiff seeks possession only or unites with his or her
6 claim for possession of the property a claim for rent or
7 damages or both in the amount of $15,000 or less, $40.
8 When the plaintiff unites his or her claim for possession
9 with a claim for rent or damages or both exceeding
10 $15,000, $150.
11 (c) Counterclaim or Joining Third Party Defendant.
12 When any defendant files a counterclaim as part of
13 his or her answer or otherwise or joins another party as
14 a third party defendant, or both, the defendant shall pay
15 a fee for each counterclaim or third party action in an
16 amount equal to the fee he or she would have had to pay
17 had he or she brought a separate action for the relief
18 sought in the counterclaim or against the third party
19 defendant, less the amount of the appearance fee, if that
20 has been paid.
21 (d) Confession of Judgment.
22 In a confession of judgment when the amount does not
23 exceed $1500, $50. When the amount exceeds $1500, but
24 does not exceed $15,000, $115. When the amount exceeds
25 $15,000, $200.
26 (e) Appearance.
27 The fee for filing an appearance in each civil case
28 shall be $50, except as follows:
29 (A) When the plaintiff in a forcible entry and
30 detainer case seeks possession only; $20.
31 (B) When the amount in the case does not
32 exceed $1500, $20.
33 (C) When that amount exceeds $1500 but does
34 not exceed $15,000, $40.
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1 (f) Garnishment, Wage Deduction, and Citation.
2 In garnishment affidavit, wage deduction affidavit,
3 and citation petition when the amount does not exceed
4 $1,000, $10; when the amount exceeds $1,000 but does not
5 exceed $5,000, $20; and when the amount exceeds $5,000,
6 $30.
7 (g) Petition to Vacate or Modify.
8 (1) Petition to vacate or modify any final judgment
9 or order of court, except in forcible entry and detainer
10 cases and small claims cases or a petition to reopen an
11 estate, to modify, terminate, or enforce a judgment or
12 order for child or spousal support, or to modify,
13 suspend, or terminate an order for withholding, if filed
14 before 30 days after the entry of the judgment or order,
15 $40.
16 (2) Petition to vacate or modify any final judgment
17 or order of court, except a petition to modify,
18 terminate, or enforce a judgment or order for child or
19 spousal support or to modify, suspend, or terminate an
20 order for withholding, if filed later than 30 days after
21 the entry of the judgment or order, $60.
22 (3) Petition to vacate order of bond forfeiture,
23 $20.
24 (h) Mailing.
25 When the clerk is required to mail, the fee will be
26 $6, plus the cost of postage.
27 (i) Certified Copies.
28 Each certified copy of a judgment after the first,
29 except in small claims and forcible entry and detainer
30 cases, $10.
31 (j) Habeas Corpus.
32 For filing a petition for relief by habeas corpus,
33 $80.
34 (k) Certification, Authentication, and Reproduction.
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1 (1) Each certification or authentication for taking
2 the acknowledgment of a deed or other instrument in
3 writing with the seal of office, $4.
4 (2) Court appeals when original documents are
5 forwarded, under 100 pages, plus delivery and costs, $50.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, $120.
8 (4) Court appeals when original documents are
9 forwarded, over 200 pages, an additional fee of 20 cents
10 per page.
11 (5) For reproduction of any document contained in
12 the clerk's files:
13 (A) First page, $2.
14 (B) Next 19 pages, 50 cents per page.
15 (C) All remaining pages, 25 cents per page.
16 (l) Remands.
17 In any cases remanded to the Circuit Court from the
18 Supreme Court or the Appellate Court for a new trial, the
19 clerk shall file the remanding order and reinstate the
20 case with either its original number or a new number.
21 The Clerk shall not charge any new or additional fee for
22 the reinstatement. Upon reinstatement the Clerk shall
23 advise the parties of the reinstatement. A party shall
24 have the same right to a jury trial on remand and
25 reinstatement as he or she had before the appeal, and no
26 additional or new fee or charge shall be made for a jury
27 trial after remand.
28 (m) Record Search.
29 For each record search, within a division or
30 municipal district, the clerk shall be entitled to a
31 search fee of $4 for each year searched.
32 (n) Hard Copy.
33 For each page of hard copy print output, when case
34 records are maintained on an automated medium, the clerk
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1 shall be entitled to a fee of $4.
2 (o) Index Inquiry and Other Records.
3 No fee shall be charged for a single
4 plaintiff/defendant index inquiry or single case record
5 inquiry when this request is made in person and the
6 records are maintained in a current automated medium, and
7 when no hard copy print output is requested. The fees to
8 be charged for management records, multiple case records,
9 and multiple journal records may be specified by the
10 Chief Judge pursuant to the guidelines for access and
11 dissemination of information approved by the Supreme
12 Court.
13 (p) Commitment Petitions.
14 For filing commitment petitions under the Mental
15 Health and Developmental Disabilities Code, $25.
16 (q) Alias Summons.
17 For each alias summons or citation issued by the
18 clerk, $4.
19 (r) Other Fees.
20 Any fees not covered in this Section shall be set by
21 rule or administrative order of the Circuit Court with
22 the approval of the Administrative Office of the Illinois
23 Courts.
24 The clerk of the circuit court may provide
25 additional services for which there is no fee specified
26 by statute in connection with the operation of the
27 clerk's office as may be requested by the public and
28 agreed to by the clerk and approved by the chief judge of
29 the circuit court. Any charges for additional services
30 shall be as agreed to between the clerk and the party
31 making the request and approved by the chief judge of the
32 circuit court. Nothing in this subsection shall be
33 construed to require any clerk to provide any service not
34 otherwise required by law.
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1 (s) Jury Services.
2 The clerk shall be entitled to receive, in addition
3 to other fees allowed by law, the sum of $180, as a fee
4 for the services of a jury in every civil action not
5 quasi-criminal in its nature and not a proceeding for the
6 exercise of the right of eminent domain and in every
7 other action wherein the right of trial by jury is or may
8 be given by law. The jury fee shall be paid by the party
9 demanding a jury at the time of filing the jury demand.
10 If the fee is not paid by either party, no jury shall be
11 called in the action or proceeding, and the same shall be
12 tried by the court without a jury.
13 (t) Voluntary Assignment.
14 For filing each deed of voluntary assignment, $10;
15 for recording the same, 25¢ for each 100 words.
16 Exceptions filed to claims presented to an assignee of a
17 debtor who has made a voluntary assignment for the
18 benefit of creditors shall be considered and treated, for
19 the purpose of taxing costs therein, as actions in which
20 the party or parties filing the exceptions shall be
21 considered as party or parties plaintiff, and the
22 claimant or claimants as party or parties defendant, and
23 those parties respectively shall pay to the clerk the
24 same fees as provided by this Section to be paid in other
25 actions.
26 (u) Expungement Petition.
27 The clerk shall be entitled to receive a fee of $30
28 for each expungement petition filed and an additional fee
29 of $2 for each certified copy of an order to expunge
30 arrest records.
31 (v) Probate.
32 The clerk is entitled to receive the fees specified in
33 this subsection (v), which shall be paid in advance, except
34 that, for good cause shown, the court may suspend, reduce, or
-29- LRB9008998SMmbam02
1 release the costs payable under this subsection:
2 (1) For administration of the estate of a decedent
3 (whether testate or intestate) or of a missing person,
4 $100, plus the fees specified in subsection (v)(3),
5 except:
6 (A) When the value of the real and personal
7 property does not exceed $15,000, the fee shall be
8 $25.
9 (B) When (i) proof of heirship alone is made,
10 (ii) a domestic or foreign will is admitted to
11 probate without administration (including proof of
12 heirship), or (iii) letters of office are issued for
13 a particular purpose without administration of the
14 estate, the fee shall be $25.
15 (2) For administration of the estate of a ward,
16 $50, plus the fees specified in subsection (v)(3),
17 except:
18 (A) When the value of the real and personal
19 property does not exceed $15,000, the fee shall be
20 $25.
21 (B) When (i) letters of office are issued to a
22 guardian of the person, but not of the estate or
23 (ii) letters of office are issued in the estate of a
24 ward without administration of the estate, including
25 filing or joining in the filing of a tax return or
26 releasing a mortgage or consenting to the marriage
27 of the ward, the fee shall be $10.
28 (3) In addition to the fees payable under
29 subsection (v)(1) or (v)(2) of this Section, the
30 following fees are payable:
31 (A) For each account (other than one final
32 account) filed in the estate of a decedent, or ward,
33 $15.
34 (B) For filing a claim in an estate when the
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1 amount claimed is $150 or more but less than $500,
2 $10; when the amount claimed is $500 or more but
3 less than $10,000, $25; when the amount claimed is
4 $10,000 or more, $40; provided that the court in
5 allowing a claim may add to the amount allowed the
6 filing fee paid by the claimant.
7 (C) For filing in an estate a claim, petition,
8 or supplemental proceeding based upon an action
9 seeking equitable relief including the construction
10 or contest of a will, enforcement of a contract to
11 make a will, and proceedings involving testamentary
12 trusts or the appointment of testamentary trustees,
13 $40.
14 (D) For filing in an estate (i) the appearance
15 of any person for the purpose of consent or (ii) the
16 appearance of an executor, administrator,
17 administrator to collect, guardian, guardian ad
18 litem, or special administrator, no fee.
19 (E) Except as provided in subsection
20 (v)(3)(D), for filing the appearance of any person
21 or persons, $10.
22 (F) For each jury demand, $90.
23 (G) For disposition of the collection of a
24 judgment or settlement of an action or claim for
25 wrongful death of a decedent or of any cause of
26 action of a ward, when there is no other
27 administration of the estate, $30, less any amount
28 paid under subsection (v)(1)(B) or (v)(2)(B) except
29 that if the amount involved does not exceed $5,000,
30 the fee, including any amount paid under subsection
31 (v)(1)(B) or (v)(2)(B), shall be $10.
32 (H) For each certified copy of letters of
33 office, of court order or other certification, $1,
34 plus 50¢ per page in excess of 3 pages for the
-31- LRB9008998SMmbam02
1 document certified.
2 (I) For each exemplification, $1, plus the fee
3 for certification.
4 (4) The executor, administrator, guardian,
5 petitioner, or other interested person or his or her
6 attorney shall pay the cost of publication by the clerk
7 directly to the newspaper.
8 (5) The person on whose behalf a charge is incurred
9 for witness, court reporter, appraiser, or other
10 miscellaneous fee shall pay the same directly to the
11 person entitled thereto.
12 (6) The executor, administrator, guardian,
13 petitioner, or other interested person or his attorney
14 shall pay to the clerk all postage charges incurred by
15 the clerk in mailing petitions, orders, notices, or other
16 documents pursuant to the provisions of the Probate Act
17 of 1975.
18 (w) Criminal and Quasi-Criminal Costs and Fees.
19 (1) The clerk shall be entitled to costs in all
20 criminal and quasi-criminal cases from each person
21 convicted or sentenced to supervision therein as follows:
22 (A) Felony complaints, $80.
23 (B) Misdemeanor complaints, $50.
24 (C) Business offense complaints, $50.
25 (D) Petty offense complaints, $50.
26 (E) Minor traffic or ordinance violations,
27 $20.
28 (F) When court appearance required, $30.
29 (G) Motions to vacate or amend final orders,
30 $20.
31 (H) Motions to vacate bond forfeiture orders,
32 $20.
33 (I) Motions to vacate ex parte judgments,
34 whenever filed, $20.
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1 (J) Motions to vacate judgment on forfeitures,
2 whenever filed, $20.
3 (K) Motions to vacate "failure to appear" or
4 "failure to comply" notices sent to the Secretary of
5 State, $20.
6 (2) In counties having a population of more than
7 650,000 but fewer than 3,000,000 inhabitants, when the
8 violation complaint is issued by a municipal police
9 department, the clerk shall be entitled to costs from
10 each person convicted therein as follows:
11 (A) Minor traffic or ordinance violations,
12 $10.
13 (B) When court appearance required, $15.
14 (3) In ordinance violation cases punishable by fine
15 only, the clerk of the circuit court shall be entitled to
16 receive, unless the fee is excused upon a finding by the
17 court that the defendant is indigent, in addition to
18 other fees or costs allowed or imposed by law, the sum of
19 $50 as a fee for the services of a jury. The jury fee
20 shall be paid by the defendant at the time of filing his
21 or her jury demand. If the fee is not so paid by the
22 defendant, no jury shall be called, and the case shall be
23 tried by the court without a jury.
24 (x) Transcripts of Judgment.
25 For the filing of a transcript of judgment, the
26 clerk shall be entitled to the same fee as if it were the
27 commencement of new suit.
28 (y) Change of Venue.
29 (1) For the filing of a change of case on a change
30 of venue, the clerk shall be entitled to the same fee as
31 if it were the commencement of a new suit.
32 (2) The fee for the preparation and certification
33 of a record on a change of venue to another jurisdiction,
34 when original documents are forwarded, $25.
-33- LRB9008998SMmbam02
1 (z) Tax objection complaints.
2 For each tax objection complaint containing one or
3 more tax objections, regardless of the number of parcels
4 involved or the number of taxpayers joining in the
5 complaint, $25.
6 (aa) Tax Deeds.
7 (1) Petition for tax deed, if only one parcel is
8 involved, $150.
9 (2) For each additional parcel, add a fee of $50.
10 (bb) Collections.
11 (1) For all collections made of others, except the
12 State and county and except in maintenance or child
13 support cases, a sum equal to 2.5% of the amount
14 collected and turned over.
15 (2) Interest earned on any funds held by the clerk
16 shall be turned over to the county general fund as an
17 earning of the office.
18 (3) For any check, draft, or other bank instrument
19 returned to the clerk for non-sufficient funds, account
20 closed, or payment stopped, $25.
21 (4) In child support and maintenance cases, the
22 clerk, if authorized by an ordinance of the county board,
23 may collect an annual fee of up to $36 from the person
24 making payment for administering the collection and
25 distribution of maintenance and child support payments.
26 This fee shall be in addition to and separate from
27 amounts ordered to be paid as maintenance or child
28 support and shall be deposited into a Separate
29 Maintenance and Child Support Collection Fund, of which
30 the clerk shall be the custodian, ex-officio, to be used
31 by the clerk to further maintenance and child supports in
32 his or her office. The clerk may recover from the person
33 making the maintenance or child support payment any
34 additional cost incurred in the collection of this annual
-34- LRB9008998SMmbam02
1 fee.
2 The clerk shall also be entitled to a fee of $5 for
3 certifications made to the Secretary of State as provided
4 in Section 7-703 of the Family Financial Responsibility
5 Law and these fees shall also be deposited into the
6 Separate Maintenance and Child Support Collection Fund.
7 (cc) Corrections of Numbers.
8 For correction of the case number, case title, or
9 attorney computer identification number, if required by
10 rule of court, on any document filed in the clerk's
11 office, to be charged against the party that filed the
12 document, $15.
13 (dd) Exceptions.
14 The fee requirements of this Section shall not apply
15 to police departments or other law enforcement agencies.
16 In this Section, "law enforcement agency" means an agency
17 of the State or a unit of local government which is
18 vested by law or ordinance with the duty to maintain
19 public order and to enforce criminal laws or ordinances.
20 "Law enforcement agency" also means the Attorney General
21 or any state's attorney. The fee requirements of this
22 Section shall not apply to any action instituted under
23 subsection (b) of Section 11-31-1 of the Illinois
24 Municipal Code by a private owner or tenant of real
25 property within 1200 feet of a dangerous or unsafe
26 building seeking an order compelling the owner or owners
27 of the building to take any of the actions authorized
28 under that subsection.
29 (ee) Adoptions.
30 (1) For an adoption, requesting a copy of a final
31 decree of adoption, relief from a final judgment or
32 order, appointment of a confidential intermediary, or
33 requesting non-identifying information................$65
34 (2) Upon good cause shown, the court may waive the
-35- LRB9008998SMmbam02
1 adoption filing fee in a special needs adoption. The
2 term "special needs adoption" shall have the meaning
3 ascribed to it by the Illinois Department of Children and
4 Family Services.
5 (ff) Adoption exemptions.
6 No fee other than that set forth in subsection (ee)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
10 90-466, eff. 8-17-97.)
11 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
12 Sec. 27.2a. The fees of the clerks of the circuit court
13 in all counties having a population of 3,000,000 or more
14 inhabitants in the instances described in this Section shall
15 be as provided in this Section. The fees shall be paid in
16 advance and shall be as follows:
17 (a) Civil Cases.
18 The fee for filing a complaint, petition, or other
19 pleading initiating a civil action, with the following
20 exceptions, shall be $190.
21 (A) When the amount of money or damages or the
22 value of personal property claimed does not exceed
23 $250, $15.
24 (B) When that amount exceeds $250 but does not
25 exceed $1000, $40.
26 (C) When that amount exceeds $1000 but does
27 not exceed $2500, $50.
28 (D) When that amount exceeds $2500 but does
29 not exceed $5000, $100.
30 (E) When that amount exceeds $5000 but does
31 not exceed $15,000, $150.
32 (F) For the exercise of eminent domain, $150.
33 For each additional lot or tract of land or right or
-36- LRB9008998SMmbam02
1 interest therein subject to be condemned, the
2 damages in respect to which shall require separate
3 assessment by a jury, $150.
4 (b) Forcible Entry and Detainer.
5 In each forcible entry and detainer case when the
6 plaintiff seeks possession only or unites with his or her
7 claim for possession of the property a claim for rent or
8 damages or both in the amount of $15,000 or less, $75.
9 When the plaintiff unites his or her claim for possession
10 with a claim for rent or damages or both exceeding
11 $15,000, $225.
12 (c) Counterclaim or Joining Third Party Defendant.
13 When any defendant files a counterclaim as part of
14 his or her answer or otherwise or joins another party as
15 a third party defendant, or both, the defendant shall pay
16 a fee for each counterclaim or third party action in an
17 amount equal to the fee he or she would have had to pay
18 had he or she brought a separate action for the relief
19 sought in the counterclaim or against the third party
20 defendant, less the amount of the appearance fee, if that
21 has been paid.
22 (d) Confession of Judgment.
23 In a confession of judgment when the amount does not
24 exceed $1500, $60. When the amount exceeds $1500, but
25 does not exceed $5000, $75. When the amount exceeds
26 $5000, but does not exceed $15,000, $175. When the amount
27 exceeds $15,000, $250.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be $75, except as follows:
31 (A) When the plaintiff in a forcible entry and
32 detainer case seeks possession only, $40.
33 (B) When the amount in the case does not
34 exceed $1500, $40.
-37- LRB9008998SMmbam02
1 (C) When that amount exceeds $1500 but does
2 not exceed $15,000, $60.
3 (f) Garnishment, Wage Deduction, and Citation.
4 In garnishment affidavit, wage deduction affidavit,
5 and citation petition when the amount does not exceed
6 $1,000, $15; when the amount exceeds $1,000 but does not
7 exceed $5,000, $30; and when the amount exceeds $5,000,
8 $50.
9 (g) Petition to Vacate or Modify.
10 (1) Petition to vacate or modify any final judgment
11 or order of court, except in forcible entry and detainer
12 cases and small claims cases or a petition to reopen an
13 estate, to modify, terminate, or enforce a judgment or
14 order for child or spousal support, or to modify,
15 suspend, or terminate an order for withholding, if filed
16 before 30 days after the entry of the judgment or order,
17 $50.
18 (2) Petition to vacate or modify any final judgment
19 or order of court, except a petition to modify,
20 terminate, or enforce a judgment or order for child or
21 spousal support or to modify, suspend, or terminate an
22 order for withholding, if filed later than 30 days after
23 the entry of the judgment or order, $75.
24 (3) Petition to vacate order of bond forfeiture,
25 $40.
26 (h) Mailing.
27 When the clerk is required to mail, the fee will be
28 $10, plus the cost of postage.
29 (i) Certified Copies.
30 Each certified copy of a judgment after the first,
31 except in small claims and forcible entry and detainer
32 cases, $15.
33 (j) Habeas Corpus.
34 For filing a petition for relief by habeas corpus,
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1 $125.
2 (k) Certification, Authentication, and Reproduction.
3 (1) Each certification or authentication for taking
4 the acknowledgment of a deed or other instrument in
5 writing with the seal of office, $6.
6 (2) Court appeals when original documents are
7 forwarded, under 100 pages, plus delivery and costs, $75.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, $150.
10 (4) Court appeals when original documents are
11 forwarded, over 200 pages, an additional fee of 25 cents
12 per page.
13 (5) For reproduction of any document contained in
14 the clerk's files:
15 (A) First page, $2.
16 (B) Next 19 pages, 50 cents per page.
17 (C) All remaining pages, 25 cents per page.
18 (l) Remands.
19 In any cases remanded to the Circuit Court from the
20 Supreme Court or the Appellate Court for a new trial, the
21 clerk shall file the remanding order and reinstate the
22 case with either its original number or a new number.
23 The Clerk shall not charge any new or additional fee for
24 the reinstatement. Upon reinstatement the Clerk shall
25 advise the parties of the reinstatement. A party shall
26 have the same right to a jury trial on remand and
27 reinstatement as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a jury
29 trial after remand.
30 (m) Record Search.
31 For each record search, within a division or
32 municipal district, the clerk shall be entitled to a
33 search fee of $6 for each year searched.
34 (n) Hard Copy.
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1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of $6.
4 (o) Index Inquiry and Other Records.
5 No fee shall be charged for a single
6 plaintiff/defendant index inquiry or single case record
7 inquiry when this request is made in person and the
8 records are maintained in a current automated medium, and
9 when no hard copy print output is requested. The fees to
10 be charged for management records, multiple case records,
11 and multiple journal records may be specified by the
12 Chief Judge pursuant to the guidelines for access and
13 dissemination of information approved by the Supreme
14 Court.
15 (p) Commitment Petitions.
16 For filing commitment petitions under the Mental
17 Health and Developmental Disabilities Code, $50.
18 (q) Alias Summons.
19 For each alias summons or citation issued by the
20 clerk, $5.
21 (r) Other Fees.
22 Any fees not covered in this Section shall be set by
23 rule or administrative order of the Circuit Court with
24 the approval of the Administrative Office of the Illinois
25 Courts.
26 The clerk of the circuit court may provide
27 additional services for which there is no fee specified
28 by statute in connection with the operation of the
29 clerk's office as may be requested by the public and
30 agreed to by the clerk and approved by the chief judge of
31 the circuit court. Any charges for additional services
32 shall be as agreed to between the clerk and the party
33 making the request and approved by the chief judge of the
34 circuit court. Nothing in this subsection shall be
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1 construed to require any clerk to provide any service not
2 otherwise required by law.
3 (s) Jury Services.
4 The clerk shall be entitled to receive, in addition
5 to other fees allowed by law, the sum of $200, as a fee
6 for the services of a jury in every civil action not
7 quasi-criminal in its nature and not a proceeding for the
8 exercise of the right of eminent domain and in every
9 other action wherein the right of trial by jury is or may
10 be given by law. The jury fee shall be paid by the party
11 demanding a jury at the time of filing the jury demand.
12 If the fee is not paid by either party, no jury shall be
13 called in the action or proceeding, and the same shall be
14 tried by the court without a jury.
15 (t) Voluntary Assignment.
16 For filing each deed of voluntary assignment, $20;
17 for recording the same, 50¢ for each 100 words.
18 Exceptions filed to claims presented to an assignee of a
19 debtor who has made a voluntary assignment for the
20 benefit of creditors shall be considered and treated, for
21 the purpose of taxing costs therein, as actions in which
22 the party or parties filing the exceptions shall be
23 considered as party or parties plaintiff, and the
24 claimant or claimants as party or parties defendant, and
25 those parties respectively shall pay to the clerk the
26 same fees as provided by this Section to be paid in other
27 actions.
28 (u) Expungement Petition.
29 The clerk shall be entitled to receive a fee of $60
30 for each expungement petition filed and an additional fee
31 of $4 for each certified copy of an order to expunge
32 arrest records.
33 (v) Probate.
34 The clerk is entitled to receive the fees specified in
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1 this subsection (v), which shall be paid in advance, except
2 that, for good cause shown, the court may suspend, reduce, or
3 release the costs payable under this subsection:
4 (1) For administration of the estate of a decedent
5 (whether testate or intestate) or of a missing person,
6 $150, plus the fees specified in subsection (v)(3),
7 except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be
10 $40.
11 (B) When (i) proof of heirship alone is made,
12 (ii) a domestic or foreign will is admitted to
13 probate without administration (including proof of
14 heirship), or (iii) letters of office are issued for
15 a particular purpose without administration of the
16 estate, the fee shall be $40.
17 (2) For administration of the estate of a ward,
18 $75, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $40.
23 (B) When (i) letters of office are issued to a
24 guardian of the person, but not of the estate or
25 (ii) letters of office are issued in the estate of a
26 ward without administration of the estate, including
27 filing or joining in the filing of a tax return or
28 releasing a mortgage or consenting to the marriage
29 of the ward, the fee shall be $20.
30 (3) In addition to the fees payable under
31 subsection (v)(1) or (v)(2) of this Section, the
32 following fees are payable:
33 (A) For each account (other than one final
34 account) filed in the estate of a decedent, or ward,
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1 $25.
2 (B) For filing a claim in an estate when the
3 amount claimed is $150 or more but less than $500,
4 $20; when the amount claimed is $500 or more but
5 less than $10,000, $40; when the amount claimed is
6 $10,000 or more, $60; provided that the court in
7 allowing a claim may add to the amount allowed the
8 filing fee paid by the claimant.
9 (C) For filing in an estate a claim, petition,
10 or supplemental proceeding based upon an action
11 seeking equitable relief including the construction
12 or contest of a will, enforcement of a contract to
13 make a will, and proceedings involving testamentary
14 trusts or the appointment of testamentary trustees,
15 $60.
16 (D) For filing in an estate (i) the appearance
17 of any person for the purpose of consent or (ii) the
18 appearance of an executor, administrator,
19 administrator to collect, guardian, guardian ad
20 litem, or special administrator, no fee.
21 (E) Except as provided in subsection
22 (v)(3)(D), for filing the appearance of any person
23 or persons, $30.
24 (F) For each jury demand, $125.
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, $50, less any amount
30 paid under subsection (v)(1)(B) or (v)(2)(B) except
31 that if the amount involved does not exceed $5,000,
32 the fee, including any amount paid under subsection
33 (v)(1)(B) or (v)(2)(B), shall be $20.
34 (H) For each certified copy of letters of
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1 office, of court order or other certification, $2,
2 plus $1 per page in excess of 3 pages for the
3 document certified.
4 (I) For each exemplification, $2, plus the fee
5 for certification.
6 (4) The executor, administrator, guardian,
7 petitioner, or other interested person or his or her
8 attorney shall pay the cost of publication by the clerk
9 directly to the newspaper.
10 (5) The person on whose behalf a charge is incurred
11 for witness, court reporter, appraiser, or other
12 miscellaneous fee shall pay the same directly to the
13 person entitled thereto.
14 (6) The executor, administrator, guardian,
15 petitioner, or other interested person or his or her
16 attorney shall pay to the clerk all postage charges
17 incurred by the clerk in mailing petitions, orders,
18 notices, or other documents pursuant to the provisions of
19 the Probate Act of 1975.
20 (w) Criminal and Quasi-Criminal Costs and Fees.
21 (1) The clerk shall be entitled to costs in all
22 criminal and quasi-criminal cases from each person
23 convicted or sentenced to supervision therein as follows:
24 (A) Felony complaints, $125.
25 (B) Misdemeanor complaints, $75.
26 (C) Business offense complaints, $75.
27 (D) Petty offense complaints, $75.
28 (E) Minor traffic or ordinance violations,
29 $30.
30 (F) When court appearance required, $50.
31 (G) Motions to vacate or amend final orders,
32 $40.
33 (H) Motions to vacate bond forfeiture orders,
34 $30.
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1 (I) Motions to vacate ex parte judgments,
2 whenever filed, $30.
3 (J) Motions to vacate judgment on forfeitures,
4 whenever filed, $25.
5 (K) Motions to vacate "failure to appear" or
6 "failure to comply" notices sent to the Secretary of
7 State, $40.
8 (2) In counties having a population of 3,000,000 or
9 more, when the violation complaint is issued by a
10 municipal police department, the clerk shall be entitled
11 to costs from each person convicted therein as follows:
12 (A) Minor traffic or ordinance violations,
13 $30.
14 (B) When court appearance required, $50.
15 (3) In ordinance violation cases punishable by fine
16 only, the clerk of the circuit court shall be entitled to
17 receive, unless the fee is excused upon a finding by the
18 court that the defendant is indigent, in addition to
19 other fees or costs allowed or imposed by law, the sum of
20 $100 as a fee for the services of a jury. The jury fee
21 shall be paid by the defendant at the time of filing his
22 or her jury demand. If the fee is not so paid by the
23 defendant, no jury shall be called, and the case shall be
24 tried by the court without a jury.
25 (x) Transcripts of Judgment.
26 For the filing of a transcript of judgment, the
27 clerk shall be entitled to the same fee as if it were the
28 commencement of a new suit.
29 (y) Change of Venue.
30 (1) For the filing of a change of case on a change
31 of venue, the clerk shall be entitled to the same fee as
32 if it were the commencement of a new suit.
33 (2) The fee for the preparation and certification
34 of a record on a change of venue to another jurisdiction,
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1 when original documents are forwarded, $40.
2 (z) Tax objection complaints.
3 For each tax objection complaint containing one or
4 more tax objections, regardless of the number of parcels
5 involved or the number of taxpayers joining in the
6 complaint, $50.
7 (aa) Tax Deeds.
8 (1) Petition for tax deed, if only one parcel is
9 involved, $250.
10 (2) For each additional parcel, add a fee of $100.
11 (bb) Collections.
12 (1) For all collections made of others, except the
13 State and county and except in maintenance or child
14 support cases, a sum equal to 3.0% of the amount
15 collected and turned over.
16 (2) Interest earned on any funds held by the clerk
17 shall be turned over to the county general fund as an
18 earning of the office.
19 (3) For any check, draft, or other bank instrument
20 returned to the clerk for non-sufficient funds, account
21 closed, or payment stopped, $25.
22 (4) In child support and maintenance cases, the
23 clerk, if authorized by an ordinance of the county board,
24 may collect an annual fee of up to $36 from the person
25 making payment for administering the collection and
26 distribution of maintenance and child support payments.
27 This fee shall be in addition to and separate from
28 amounts ordered to be paid as maintenance or child
29 support and shall be deposited into a Separate
30 Maintenance and Child Support Collection Fund, of which
31 the clerk shall be the custodian, ex-officio, to be used
32 by the clerk to further maintenance and child supports in
33 his or her office. The clerk may recover from the person
34 making the maintenance or child support payment any
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1 additional cost incurred in the collection of this annual
2 fee.
3 The clerk shall also be entitled to a fee of $5 for
4 certifications made to the Secretary of State as provided
5 in Section 7-703 of the Family Financial Responsibility
6 Law and these fees shall also be deposited into the
7 Separate Maintenance and Child Support Collection Fund.
8 (cc) Corrections of Numbers.
9 For correction of the case number, case title, or
10 attorney computer identification number, if required by
11 rule of court, on any document filed in the clerk's
12 office, to be charged against the party that filed the
13 document, $25.
14 (dd) Exceptions.
15 (1) The fee requirements of this Section shall not
16 apply to police departments or other law enforcement
17 agencies. In this Section, "law enforcement agency"
18 means an agency of the State or a unit of local
19 government which is vested by law or ordinance with the
20 duty to maintain public order and to enforce criminal
21 laws or ordinances. "Law enforcement agency" also means
22 the Attorney General or any state's attorney.
23 (2) No fee provided herein shall be charged to any
24 unit of local government or school district. The fee
25 requirements of this Section shall not apply to any
26 action instituted under subsection (b) of Section 11-31-1
27 of the Illinois Municipal Code by a private owner or
28 tenant of real property within 1200 feet of a dangerous
29 or unsafe building seeking an order compelling the owner
30 or owners of the building to take any of the actions
31 authorized under that subsection.
32 (ee) Adoption.
33 (1) For an adoption, requesting a copy of a final
34 decree of adoption, relief from a final judgment or
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1 order, appointment of a confidential intermediary, or
2 requesting non-identifying information................$65
3 (2) Upon good cause shown, the court may waive the
4 adoption filing fee in a special needs adoption. The
5 term "special needs adoption" shall have the meaning
6 ascribed to it by the Illinois Department of Children and
7 Family Services.
8 (ff) Adoption exemptions.
9 No fee other than that set forth in subsection (ee)
10 shall be charged to any person in connection with an
11 adoption proceeding.
12 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
13 90-466, eff. 8-17-97.)".