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91_HB3334
LRB9112278WHcs
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 27.1, 27.1a, 27.2, and 27.2a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by
6 changing Sections 27.1, 27.1a, 27.2, 27.2a as follows:
7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
8 Sec. 27.1. The fees of the Clerk of the Circuit Court in
9 all counties having a population of 180,000 inhabitants or
10 less shall be paid in advance, except as otherwise provided,
11 and shall be as follows:
12 (a) Civil Cases.
13 (1) All civil cases except as otherwise
14 provided........................................... $40
15 (2) Judicial Sales (except Probate).......... $40
16 (b) Family.
17 (1) Commitment petitions under the Mental
18 Health and Developmental Disabilities Code, filing
19 transcript of commitment proceedings held in
20 another county, and cases under the Juvenile Court
21 Act of 1987........................................ $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal.
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
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1 or when the disposition is court supervision....... $25
2 (3) Each person convicted of a business
3 offense............................................ $25
4 (4) Each person convicted of a petty offense. $25
5 (5) Minor traffic, conservation, or
6 ordinance violation, including
7 without limitation when the disposition is
8 court supervision:
9 (i) For each offense.................... $10
10 (ii) For each notice sent to the
11 defendant's last known address pursuant to
12 subsection (c) of Section 6-306.4 of the Illinois
13 Vehicle Code....................................... $2
14 (iii) For each notice sent to the
15 Secretary of State pursuant to subsection (c) of
16 Section 6-306.4 of the Illinois Vehicle Code....... $2
17 (6) When Court Appearance required........... $15
18 (7) Motions to vacate or amend final orders.. $10
19 (8) In ordinance violation cases punishable
20 by fine only, the clerk of the circuit court shall
21 be entitled to receive, unless the fee is excused
22 upon a finding by the court that the defendant is
23 indigent, in addition to other fees or costs
24 allowed or imposed by law, the sum of $62.50 as a
25 fee for the services of a jury. The jury fee shall
26 be paid by the defendant at the time of filing his
27 or her jury demand. If the fee is not so paid by
28 the defendant, no jury shall be called, and the
29 case shall be tried by the court without a jury.
30 (d) Other Civil Cases.
31 (1) Money or personal property claimed does
32 not exceed $500.................................... $10
33 (2) Exceeds $500 but not more than $10,000... $25
34 (3) Exceeds $10,000, when relief in addition
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1 to or supplemental to recovery of money alone is
2 sought in an action to recover personal property
3 taxes or retailers occupational tax regardless of
4 amount claimed..................................... $45
5 (4) The Clerk of the Circuit Court shall be
6 entitled to receive, in addition to other fees
7 allowed by law, the sum of $62.50, as a fee for the
8 services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding
10 for the exercise of the right of eminent domain,
11 and in every equitable action wherein the right of
12 trial by jury is or may be given by law. The jury
13 fee shall be paid by the party demanding a jury at
14 the time of filing his jury demand. If such a fee
15 is not paid by either party, no jury shall be
16 called in the action, suit, or proceeding, and the
17 same shall be tried by the court without a jury.
18 (e) Confession of judgment and answer.
19 (1) When the amount does not exceed $1,000... $20
20 (2) Exceeds $1,000........................... $40
21 (f) Auxiliary Proceedings.
22 Any auxiliary proceeding relating to the
23 collection of a money judgment, including
24 garnishment, citation, or wage deduction action.... $5
25 (g) Forcible entry and detainer.
26 (1) For possession only or possession and
27 rent not in excess of $10,000...................... $10
28 (2) For possession and rent in excess of
29 $10,000............................................ $40
30 (h) Eminent Domain.
31 (1) Exercise of Eminent Domain............... $45
32 (2) For each and every lot or tract of land
33 or right or interest therein subject to be
34 condemned, the damages in respect to which shall
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1 require separate assessments by a jury............. $45
2 (i) Reinstatement.
3 Each case including petition for modification
4 of a judgment or order of Court if filed later than
5 30 days after the entry of a judgment or order,
6 except in forcible entry and detainer cases and
7 small claims and except a petition to modify,
8 terminate, or enforce a judgement or order for
9 child or spousal support or to modify, suspend, or
10 terminate an order for withholding, petition to
11 vacate judgment of dismissal for want of
12 prosecution whenever filed, petition to reopen an
13 estate, or redocketing of any cause................ $20
14 (j) Probate.
15 (1) Administration of decedent's estates,
16 whether testate or intestate, guardianships of the
17 person or estate or both of a person under legal
18 disability, guardianships of the person or estate
19 or both of a minor or minors, or petitions to sell
20 real estate in the administration of any estate.... $50
21 (2) Small estates in cases where the real and
22 personal property of an estate does not exceed
23 $5,000............................................. $25
24 (3) At any time during the administration of
25 the estate, however, at the request of the Clerk,
26 the Court shall examine the record of the estate
27 and the personal representative to determine the
28 total value of the real and personal property of
29 the estate, and if such value exceeds $5,000 shall
30 order the payment of an additional fee in the
31 amount of.......................................... $40
32 (4) Inheritance tax proceedings.............. $15
33 (5) Issuing letters only for a certain
34 specific reason other than the administration of an
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1 estate, including but not limited to the release of
2 mortgage; the issue of letters of guardianship in
3 order that consent to marriage may be granted or
4 for some other specific reason other than for the
5 care of property or person; proof of heirship
6 without administration; or when a will is to be
7 admitted to probate, but the estate is to be
8 settled without administration..................... $10
9 (6) When a separate complaint relating to any
10 matter other than a routine claim is filed in an
11 estate, the required additional fee shall be
12 charged for such filing............................ $45
13 (k) Change of Venue.
14 From a court, the charge is the same amount as
15 the original filing fee; however, the fee for
16 preparation and certification of record on change
17 of venue, when original documents or copies are
18 forwarded.......................................... $10
19 (l) Answer, adverse pleading, or appearance.
20 In civil cases................................ $15
21 With the following exceptions:
22 (1) When the amount does not exceed $500..... $5
23 (2) When amount exceeds $500 but not $10,000. $10
24 (3) When amount exceeds $10,000.............. $15
25 (4) Court appeals when documents are
26 forwarded, over 200 pages, additional fee per page
27 over 200........................................... 10¢
28 (m) Tax objection complaints.
29 For each tax objection complaint containing
30 one or more tax objections, regardless of the
31 number of parcels involved or the number of
32 taxpayers joining the complaint.................... $10
33 (n) Tax deed.
34 (1) Petition for tax deed, if only one parcel
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1 is involved........................................ $45
2 (2) For each additional parcel involved, an
3 additional fee of.................................. $10
4 (o) Mailing Notices and Processes.
5 (1) All notices that the clerk is required to
6 mail as first class mail........................... $2
7 (2) For all processes or notices the Clerk is
8 required to mail by certified or registered mail,
9 the fee will be $2 plus cost of postage.
10 (p) Certification or Authentication.
11 (1) Each certification or authentication for
12 taking the acknowledgement of a deed or other
13 instrument in writing with seal of office.......... $2
14 (2) Court appeals when original documents are
15 forwarded, 100 pages or under, plus delivery costs. $25
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery costs..... $60
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, additional fee per page
20 over 200........................................... 10¢
21 (q) Reproductions.
22 Each record of proceedings and judgment,
23 whether on appeal, change of venue, certified
24 copies of orders and judgments, and all other
25 instruments, documents, records, or papers:
26 (1) First page.......................... $1
27 (2) Next 19 pages, per page............. 50¢
28 (3) All remaining pages, per page....... 25¢
29 (r) Counterclaim.
30 When any defendant files a counterclaim as
31 part of his or her answer or otherwise, or joins
32 another party as a third party defendant, or both,
33 he or she shall pay a fee for each such
34 counterclaim or third party action in an amount
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1 equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the
3 relief sought in the counterclaim or against the
4 third party defendant, less the amount of the
5 appearance fee, if that has been paid.
6 (s) Transcript of Judgment.
7 From a court, the same fee as if case
8 originally filed.
9 (t) Publications.
10 The cost of publication shall be paid directly
11 to the publisher by the person seeking the
12 publication, whether the clerk is required by law
13 to publish, or the parties to the action.
14 (u) Collections.
15 (1) For all collections made for others,
16 except the State and County and except in
17 maintenance or child support cases, a sum equal to
18 2% of the amount collected and turned over.
19 (2) In any cases remanded to the Circuit
20 Court from the Supreme Court or the Appellate
21 Court, the Clerk shall file the remanding order and
22 reinstate the case with either its original number
23 or a new number. The Clerk shall not charge any
24 new or additional fee for the reinstatement. Upon
25 reinstatement the Clerk shall advise the parties of
26 the reinstatement. A party shall have the same
27 right to a jury trial on remand and reinstatement
28 as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a
30 jury trial after remand.
31 (3) In maintenance and child support matters,
32 the Clerk may deduct from each payment an amount
33 equal to the United States postage to be used in
34 mailing the maintenance or child support check to
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1 the recipient. In such cases, the Clerk shall
2 collect an annual fee of up to $36 from the person
3 making such payment for maintaining child support
4 records and the processing of support orders to the
5 State of Illinois KIDS system and the recording of
6 payments issued by the State Disbursement Unit for
7 the official record of the Court. Such sum shall be
8 in addition to and separate from amounts ordered to
9 be paid as maintenance or child support and shall
10 be deposited in a separate Maintenance and Child
11 Support Collection Fund of which the Clerk shall be
12 the custodian, ex officio, to be used by the Clerk
13 to maintain child support orders and record all
14 payments issued by the State Disbursement Unit for
15 the official record of the Court. Unless paid in
16 cash or pursuant to an order for withholding, the
17 payment of the fee shall be by a separate
18 instrument from the support payment and shall be
19 made to the order of the Clerk. The Clerk may
20 recover from the person making the maintenance or
21 child support payment any additional cost incurred
22 in the collection of this annual fee.
23 (4) Interest earned on any funds held by the
24 clerk shall be turned over to the county general
25 fund as an earning of the office.
26 The Clerk shall also be entitled to a fee of
27 $5 for certifications made to the Secretary of
28 State as provided in Section 7-703 of the Family
29 Financial Responsibility Law and these fees shall
30 also be deposited into the Separate Maintenance and
31 Child Support Collection Fund.
32 (v) Correction of Cases.
33 For correcting the case number or case title
34 on any document filed in his office, to be charged
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1 against the party that filed the document.......... $10
2 (w) Record Search.
3 For searching a record, per year searched..... $4
4 (x) Printed Output.
5 For each page of hard copy print output, when
6 case records are maintained on an automated medium. $2
7 (y) Alias Summons.
8 For each alias summons issued................. $2
9 (z) Expungement of Records.
10 For each expungement petition filed........... $15
11 (aa) Other Fees.
12 Any fees not covered by this Section shall be set by
13 rule or administrative order of the Circuit Court, with
14 the approval of the Supreme Court.
15 (bb) Exemptions.
16 No fee provided for herein shall be charged to any
17 unit of State or local government or school district
18 unless the Court orders another party to pay such fee on
19 its behalf. The fee requirements of this Section shall
20 not apply to police departments or other law enforcement
21 agencies. In this Section, "law enforcement agency"
22 means an agency of the State or a unit of local
23 government that is vested by law or ordinance with the
24 duty to maintain public order and to enforce criminal
25 laws and ordinances. The fee requirements of this Section
26 shall not apply to any action instituted under subsection
27 (b) of Section 11-31-1 of the Illinois Municipal Code by
28 a private owner or tenant of real property within 1200
29 feet of a dangerous or unsafe building seeking an order
30 compelling the owner or owners of the building to take
31 any of the actions authorized under that subsection.
32 (cc) Adoptions.
33 (1) For an adoption.............................$65
34 (2) Upon good cause shown, the court may waive the
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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 (dd) Adoption exemptions.
6 No fee other than that set forth in subsection (cc)
7 shall be charged to any person in connection with an
8 adoption proceeding.
9 (ee) Additional Services.
10 Beginning July 1, 1993, the clerk of the circuit
11 court may provide such additional services for which
12 there is no fee specified by statute in connection with
13 the operation of the clerk's office as may be requested
14 by the public and agreed to by the public and by the
15 clerk and approved by the chief judge of the circuit
16 court. Any charges for additional services shall be as
17 agreed to between the clerk and the party making the
18 request and approved by the chief judge of the circuit
19 court. Nothing in this subsection shall be construed to
20 require any clerk to provide any service not otherwise
21 required by law. pending, at the conclusion of a case, or
22 after the conclusion of a case.
23 (ff) Parking; review of administrative adjudication.
24 The fee for filing a complaint or petition seeking
25 judicial review of an administrative adjudication of an
26 alleged violation of an ordinance regulating the parking
27 or standing of motor vehicles is $20. Notwithstanding
28 any other provision of law, the clerk of the circuit
29 court may not impose any fees of any kind, other than
30 the $20 fee authorized under this subsection (ff), for
31 filing a complaint or petition seeking judicial review of
32 an administrative adjudication of an alleged violation of
33 an ordinance regulating the parking or standing of motor
34 vehicles. If there is a conflict between this
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1 subsection (ff) and any other provision of law, this
2 subsection (ff) controls. The $20 limit in this
3 subsection (ff) applies only to the filing fee and does
4 not prohibit the assessment or imposition of other fees,
5 costs, or penalties while a case is pending, at the
6 conclusion of a case, or after the conclusion of a case.
7 (gg) Parking; ordinance violation.
8 The fee for filing an appearance in a case alleging
9 a violation of an ordinance regulating the parking or
10 standing of motor vehicles is $20. Notwithstanding any
11 other provision of law, the clerk of the circuit court
12 may not impose any fees of any kind, other than the $20
13 fee authorized under this subsection (gg), for filing an
14 appearance in a case alleging a violation of an
15 ordinance regulating the parking or standing of motor
16 vehicles. If there is a conflict between this subsection
17 (gg) and any other provision of law, this subsection
18 (gg) controls. The $20 limit in this subsection (gg)
19 applies only to the filing fee and does not prohibit the
20 assessment or imposition of other fees, costs, or
21 penalties while a case is pending, at the conclusion of
22 a case, or after the conclusion of a case.
23 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
24 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
25 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
26 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
27 Sec. 27.1a. The fees of the clerks of the circuit court
28 in all counties having a population in excess of 180,000 but
29 not more than 650,000 inhabitants in the instances described
30 in this Section shall be as provided in this Section. The
31 fees shall be paid in advance and shall be as follows:
32 (a) Civil Cases.
33 The fee for filing a complaint, petition, or other
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1 pleading initiating a civil action, with the following
2 exceptions, shall be $150.
3 (A) When the amount of money or damages or the
4 value of personal property claimed does not exceed
5 $250, $10.
6 (B) When that amount exceeds $250 but does not
7 exceed $500, $20.
8 (C) When that amount exceeds $500 but does not
9 exceed $2500, $30.
10 (D) When that amount exceeds $2500 but does
11 not exceed $15,000, $75.
12 (E) For the exercise of eminent domain, $150.
13 For each additional lot or tract of land or right or
14 interest therein subject to be condemned, the
15 damages in respect to which shall require separate
16 assessment by a jury, $150.
17 (a-1) Family.
18 For filing a petition under the Juvenile Court Act
19 of 1987, $25.
20 For filing a petition for a marriage license, $10.
21 For performing a marriage in court, $10.
22 For filing a petition under the Illinois Parentage
23 Act of 1984, $40.
24 (b) Forcible Entry and Detainer.
25 In each forcible entry and detainer case when the
26 plaintiff seeks possession only or unites with his or her
27 claim for possession of the property a claim for rent or
28 damages or both in the amount of $15,000 or less, $40.
29 When the plaintiff unites his or her claim for possession
30 with a claim for rent or damages or both exceeding
31 $15,000, $150.
32 (c) Counterclaim or Joining Third Party Defendant.
33 When any defendant files a counterclaim as part of
34 his or her answer or otherwise or joins another party as
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1 a third party defendant, or both, the defendant shall pay
2 a fee for each counterclaim or third party action in an
3 amount equal to the fee he or she would have had to pay
4 had he or she brought a separate action for the relief
5 sought in the counterclaim or against the third party
6 defendant, less the amount of the appearance fee, if that
7 has been paid.
8 (d) Confession of Judgment.
9 In a confession of judgment when the amount does not
10 exceed $1500, $50. When the amount exceeds $1500, but
11 does not exceed $15,000, $115. When the amount exceeds
12 $15,000, $200.
13 (e) Appearance.
14 The fee for filing an appearance in each civil case
15 shall be $50, except as follows:
16 (A) When the plaintiff in a forcible entry and
17 detainer case seeks possession only, $20.
18 (B) When the amount in the case does not
19 exceed $1500, $20.
20 (C) When that amount exceeds $1500 but does
21 not exceed $15,000, $40.
22 (f) Garnishment, Wage Deduction, and Citation.
23 In garnishment affidavit, wage deduction affidavit,
24 and citation petition when the amount does not exceed
25 $1,000, $10; when the amount exceeds $1,000 but does not
26 exceed $5,000, $20; and when the amount exceeds $5,000,
27 $30.
28 (g) Petition to Vacate or Modify.
29 (1) Petition to vacate or modify any final judgment
30 or order of court, except in forcible entry and detainer
31 cases and small claims cases or a petition to reopen an
32 estate, to modify, terminate, or enforce a judgment or
33 order for child or spousal support, or to modify,
34 suspend, or terminate an order for withholding, if filed
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1 before 30 days after the entry of the judgment or order,
2 $40.
3 (2) Petition to vacate or modify any final judgment
4 or order of court, except a petition to modify,
5 terminate, or enforce a judgment or order for child or
6 spousal support or to modify, suspend, or terminate an
7 order for withholding, if filed later than 30 days after
8 the entry of the judgment or order, $60.
9 (3) Petition to vacate order of bond forfeiture,
10 $20.
11 (h) Mailing.
12 When the clerk is required to mail, the fee will be
13 $6, plus the cost of 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, $10.
18 (j) Habeas Corpus.
19 For filing a petition for relief by habeas corpus,
20 $80.
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, $4.
25 (2) Court appeals when original documents are
26 forwarded, under 100 pages, plus delivery and costs, $50.
27 (3) Court appeals when original documents are
28 forwarded, over 100 pages, plus delivery and costs, $120.
29 (4) Court appeals when original documents are
30 forwarded, over 200 pages, an additional fee of 20 cents
31 per page.
32 (5) For reproduction of any document contained in
33 the clerk's files:
34 (A) First page, $2.
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1 (B) Next 19 pages, 50 cents per page.
2 (C) All remaining pages, 25 cents per page.
3 (l) Remands.
4 In any cases remanded to the Circuit Court from the
5 Supreme Court or the Appellate Court for a new trial, the
6 clerk shall file the remanding order and reinstate the
7 case with either its original number or a new number. The
8 Clerk shall not charge any new or additional fee for the
9 reinstatement. Upon reinstatement the Clerk shall advise
10 the parties of the reinstatement. A party shall have the
11 same right to a jury trial on remand and reinstatement as
12 he or she had before the appeal, and no additional or new
13 fee or charge shall be made for a jury trial after
14 remand.
15 (m) Record Search.
16 For each record search, within a division or
17 municipal district, the clerk shall be entitled to a
18 search fee of $4 for each year searched.
19 (n) Hard Copy.
20 For each page of hard copy print output, when case
21 records are maintained on an automated medium, the clerk
22 shall be entitled to a fee of $4.
23 (o) Index Inquiry and Other Records.
24 No fee shall be charged for a single
25 plaintiff/defendant index inquiry or single case record
26 inquiry when this request is made in person and the
27 records are maintained in a current automated medium, and
28 when no hard copy print output is requested. The fees to
29 be charged for management records, multiple case records,
30 and multiple journal records may be specified by the
31 Chief Judge pursuant to the guidelines for access and
32 dissemination of information approved by the Supreme
33 Court.
34 (p) Commitment Petitions.
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1 For filing commitment petitions under the Mental
2 Health and Developmental Disabilities Code and for filing
3 a transcript of commitment proceedings held in another
4 county, $25.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, $4.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of $192.50, as a
27 fee for the services of a jury in every civil action not
28 quasi-criminal in its nature and not a proceeding for the
29 exercise of the right of eminent domain and in every
30 other action wherein the right of trial by jury is or may
31 be given by law. The jury fee shall be paid by the party
32 demanding a jury at the time of filing the jury demand.
33 If the fee is not paid by either party, no jury shall be
34 called in the action or proceeding, and the same shall be
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1 tried by the court without a jury.
2 (t) Voluntary Assignment.
3 For filing each deed of voluntary assignment, $10;
4 for recording the same, 25¢ for each 100 words.
5 Exceptions filed to claims presented to an assignee of a
6 debtor who has made a voluntary assignment for the
7 benefit of creditors shall be considered and treated, for
8 the purpose of taxing costs therein, as actions in which
9 the party or parties filing the exceptions shall be
10 considered as party or parties plaintiff, and the
11 claimant or claimants as party or parties defendant, and
12 those parties respectively shall pay to the clerk the
13 same fees as provided by this Section to be paid in other
14 actions.
15 (u) Expungement Petition.
16 The clerk shall be entitled to receive a fee of $30
17 for each expungement petition filed and an additional fee
18 of $2 for each certified copy of an order to expunge
19 arrest records.
20 (v) Probate.
21 The clerk is entitled to receive the fees specified in
22 this subsection (v), which shall be paid in advance, except
23 that, for good cause shown, the court may suspend, reduce, or
24 release the costs payable under this subsection:
25 (1) For administration of the estate of a decedent
26 (whether testate or intestate) or of a missing person,
27 $100, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) proof of heirship alone is made,
33 (ii) a domestic or foreign will is admitted to
34 probate without administration (including proof of
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1 heirship), or (iii) letters of office are issued for
2 a particular purpose without administration of the
3 estate, the fee shall be $25.
4 (2) For administration of the estate of a ward,
5 $50, plus the fees specified in subsection (v)(3),
6 except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be
9 $25.
10 (B) When (i) letters of office are issued to a
11 guardian of the person or persons, but not of the
12 estate or (ii) letters of office are issued in the
13 estate of a ward without administration of the
14 estate, including filing or joining in the filing of
15 a tax return or releasing a mortgage or consenting
16 to the marriage of the ward, the fee shall be $10.
17 (3) In addition to the fees payable under
18 subsection (v)(1) or (v)(2) of this Section, the
19 following fees are payable:
20 (A) For each account (other than one final
21 account) filed in the estate of a decedent, or ward,
22 $15.
23 (B) For filing a claim in an estate when the
24 amount claimed is $150 or more but less than $500,
25 $10; when the amount claimed is $500 or more but
26 less than $10,000, $25; when the amount claimed is
27 $10,000 or more, $40; provided that the court in
28 allowing a claim may add to the amount allowed the
29 filing fee paid by the claimant.
30 (C) For filing in an estate a claim, petition,
31 or supplemental proceeding based upon an action
32 seeking equitable relief including the construction
33 or contest of a will, enforcement of a contract to
34 make a will, and proceedings involving testamentary
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1 trusts or the appointment of testamentary trustees,
2 $40.
3 (D) For filing in an estate (i) the appearance
4 of any person for the purpose of consent or (ii) the
5 appearance of an executor, administrator,
6 administrator to collect, guardian, guardian ad
7 litem, or special administrator, no fee.
8 (E) Except as provided in subsection
9 (v)(3)(D), for filing the appearance of any person
10 or persons, $10.
11 (F) For each jury demand, $102.50.
12 (G) For disposition of the collection of a
13 judgment or settlement of an action or claim for
14 wrongful death of a decedent or of any cause of
15 action of a ward, when there is no other
16 administration of the estate, $30, less any amount
17 paid under subsection (v)(1)(B) or (v)(2)(B) except
18 that if the amount involved does not exceed $5,000,
19 the fee, including any amount paid under subsection
20 (v)(1)(B) or (v)(2)(B), shall be $10.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, $1,
23 plus 50¢ per page in excess of 3 pages for the
24 document certified.
25 (I) For each exemplification, $1, plus the fee
26 for certification.
27 (4) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay the cost of publication by the clerk
30 directly to the newspaper.
31 (5) The person on whose behalf a charge is incurred
32 for witness, court reporter, appraiser, or other
33 miscellaneous fee shall pay the same directly to the
34 person entitled thereto.
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1 (6) The executor, administrator, guardian,
2 petitioner, or other interested person or his or her
3 attorney shall pay to the clerk all postage charges
4 incurred by the clerk in mailing petitions, orders,
5 notices, or other documents pursuant to the provisions of
6 the Probate Act of 1975.
7 (w) Criminal and Quasi-Criminal Costs and Fees.
8 (1) The clerk shall be entitled to costs in all
9 criminal and quasi-criminal cases from each person
10 convicted or sentenced to supervision therein as follows:
11 (A) Felony complaints, $80.
12 (B) Misdemeanor complaints, $50.
13 (C) Business offense complaints, $50.
14 (D) Petty offense complaints, $50.
15 (E) Minor traffic or ordinance violations,
16 $20.
17 (F) When court appearance required, $30.
18 (G) Motions to vacate or amend final orders,
19 $20.
20 (H) Motions to vacate bond forfeiture orders,
21 $20.
22 (I) Motions to vacate ex parte judgments,
23 whenever filed, $20.
24 (J) Motions to vacate judgment on forfeitures,
25 whenever filed, $20.
26 (K) Motions to vacate "failure to appear" or
27 "failure to comply" notices sent to the Secretary of
28 State, $20.
29 (2) In counties having a population in excess of
30 180,000 but not more than 650,000 inhabitants, when the
31 violation complaint is issued by a municipal police
32 department, the clerk shall be entitled to costs from
33 each person convicted therein as follows:
34 (A) Minor traffic or ordinance violations,
-21- LRB9112278WHcs
1 $10.
2 (B) When court appearance required, $15.
3 (3) In ordinance violation cases punishable by fine
4 only, the clerk of the circuit court shall be entitled to
5 receive, unless the fee is excused upon a finding by the
6 court that the defendant is indigent, in addition to
7 other fees or costs allowed or imposed by law, the sum of
8 $62.50 as a fee for the services of a jury. The jury fee
9 shall be paid by the defendant at the time of filing his
10 or her jury demand. If the fee is not so paid by the
11 defendant, no jury shall be called, and the case shall be
12 tried by the court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of a new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, $25.
24 (z) Tax objection complaints.
25 For each tax objection complaint containing one or
26 more tax objections, regardless of the number of parcels
27 involved or the number of taxpayers joining on the
28 complaint, $25.
29 (aa) Tax Deeds.
30 (1) Petition for tax deed, if only one parcel is
31 involved, $150.
32 (2) For each additional parcel, add a fee of $50.
33 (bb) Collections.
34 (1) For all collections made of others, except the
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1 State and county and except in maintenance or child
2 support cases, a sum equal to 2.5% of the amount
3 collected and turned over.
4 (2) Interest earned on any funds held by the clerk
5 shall be turned over to the county general fund as an
6 earning of the office.
7 (3) For any check, draft, or other bank instrument
8 returned to the clerk for non-sufficient funds, account
9 closed, or payment stopped, $25.
10 (4) In child support and maintenance cases, the
11 clerk, if authorized by an ordinance of the county board,
12 may collect an annual fee of up to $36 from the person
13 making payment for maintaining child support records and
14 the processing of support orders to the State of Illinois
15 KIDS system and the recording of payments issued by the
16 State Disbursement Unit for the official record of the
17 Court. This fee shall be in addition to and separate
18 from amounts ordered to be paid as maintenance or child
19 support and shall be deposited into a Separate
20 Maintenance and Child Support Collection Fund, of which
21 the clerk shall be the custodian, ex-officio, to be used
22 by the clerk to maintain child support orders and record
23 all payments issued by the State Disbursement Unit for
24 the official record of the Court. The clerk may recover
25 from the person making the maintenance or child support
26 payment any additional cost incurred in the collection
27 of this annual fee.
28 The clerk shall also be entitled to a fee of $5 for
29 certifications made to the Secretary of State as provided
30 in Section 7-703 of the Family Financial Responsibility
31 Law and these fees shall also be deposited into the
32 Separate Maintenance and Child Support Collection Fund.
33 (cc) Corrections of Numbers.
34 For correction of the case number, case title, or
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1 attorney computer identification number, if required by
2 rule of court, on any document filed in the clerk's
3 office, to be charged against the party that filed the
4 document, $15.
5 (dd) Exceptions.
6 (1) The fee requirements of this Section shall not
7 apply to police departments or other law enforcement
8 agencies. In this Section, "law enforcement agency"
9 means an agency of the State or a unit of local
10 government which is vested by law or ordinance with the
11 duty to maintain public order and to enforce criminal
12 laws or ordinances. "Law enforcement agency" also means
13 the Attorney General or any state's attorney.
14 (2) No fee provided herein shall be charged to any
15 unit of local government or school district.
16 (3) The fee requirements of this Section shall not
17 apply to any action instituted under subsection (b) of
18 Section 11-31-1 of the Illinois Municipal Code by a
19 private owner or tenant of real property within 1200 feet
20 of a dangerous or unsafe building seeking an order
21 compelling the owner or owners of the building to take
22 any of the actions authorized under that subsection.
23 (ee) Adoptions.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (gg) Parking; review of administrative adjudication.
-24- LRB9112278WHcs
1 The fee for filing a complaint or petition seeking
2 judicial review of an administrative adjudication of an
3 alleged violation of an ordinance regulating the parking
4 or standing of motor vehicles is $20. Notwithstanding
5 any other provision of law, the clerk of the circuit
6 court may not impose any fees of any kind, other than
7 the $20 fee authorized under this subsection (gg), for
8 filing a complaint or petition seeking judicial review of
9 an administrative adjudication of an alleged violation of
10 an ordinance regulating the parking or standing of motor
11 vehicles. If there is a conflict between this
12 subsection (gg) and any other provision of law, this
13 subsection (gg) controls. The $20 limit in this
14 subsection (gg) applies only to the filing fee and does
15 not prohibit the assessment or imposition of other fees,
16 costs, or penalties while a case is pending, at the
17 conclusion of a case, or after the conclusion of a case.
18 (hh) Parking; ordinance violation.
19 The fee for filing an appearance in a case alleging
20 a violation of an ordinance regulating the parking or
21 standing of motor vehicles is $20. Notwithstanding any
22 other provision of law, the clerk of the circuit court
23 may not impose any fees of any kind, other than the $20
24 fee authorized under this subsection (hh), for filing an
25 appearance in a case alleging a violation of an
26 ordinance regulating the parking or standing of motor
27 vehicles. If there is a conflict between this subsection
28 (hh) and any other provision of law, this subsection
29 (hh) controls. The $20 limit in this subsection (hh)
30 applies only to the filing fee and does not prohibit the
31 assessment or imposition of other fees, costs, or
32 penalties while a case is pending, at the conclusion of
33 a case, or after the conclusion of a case.
34 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
-25- LRB9112278WHcs
1 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
2 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
3 Sec. 27.2. The fees of the clerks of the circuit court
4 in all counties having a population in excess of 650,000
5 inhabitants but less than 3,000,000 inhabitants in the
6 instances described in this Section shall be as provided in
7 this Section. In addition, the fees provided in this Section
8 shall apply to all units of local government and school
9 districts in counties with more than 3,000,000 inhabitants.
10 The fees shall be paid in advance and shall be as follows:
11 (a) Civil Cases.
12 The fee for filing a complaint, petition, or other
13 pleading initiating a civil action, with the following
14 exceptions, shall be $150.
15 (A) When the amount of money or damages or the
16 value of personal property claimed does not exceed
17 $250, $10.
18 (B) When that amount exceeds $250 but does not
19 exceed $500, $20.
20 (C) When that amount exceeds $500 but does not
21 exceed $2500, $30.
22 (D) When that amount exceeds $2500 but does
23 not exceed $15,000, $75.
24 (E) For the exercise of eminent domain, $150.
25 For each additional lot or tract of land or right or
26 interest therein subject to be condemned, the
27 damages in respect to which shall require separate
28 assessment by a jury, $150.
29 (b) Forcible Entry and Detainer.
30 In each forcible entry and detainer case when the
31 plaintiff seeks possession only or unites with his or her
32 claim for possession of the property a claim for rent or
33 damages or both in the amount of $15,000 or less, $40.
-26- LRB9112278WHcs
1 When the plaintiff unites his or her claim for possession
2 with a claim for rent or damages or both exceeding
3 $15,000, $150.
4 (c) Counterclaim or Joining Third Party Defendant.
5 When any defendant files a counterclaim as part of
6 his or her answer or otherwise or joins another party as
7 a third party defendant, or both, the defendant shall pay
8 a fee for each counterclaim or third party action in an
9 amount equal to the fee he or she would have had to pay
10 had he or she brought a separate action for the relief
11 sought in the counterclaim or against the third party
12 defendant, less the amount of the appearance fee, if that
13 has been paid.
14 (d) Confession of Judgment.
15 In a confession of judgment when the amount does not
16 exceed $1500, $50. When the amount exceeds $1500, but
17 does not exceed $15,000, $115. When the amount exceeds
18 $15,000, $200.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be $50, except as follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only; $20.
24 (B) When the amount in the case does not
25 exceed $1500, $20.
26 (C) When that amount exceeds $1500 but does
27 not exceed $15,000, $40.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, $10; when the amount exceeds $1,000 but does not
32 exceed $5,000, $20; and when the amount exceeds $5,000,
33 $30.
34 (g) Petition to Vacate or Modify.
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1 (1) Petition to vacate or modify any final judgment
2 or order of court, except in forcible entry and detainer
3 cases and small claims cases or a petition to reopen an
4 estate, to modify, terminate, or enforce a judgment or
5 order for child or spousal support, or to modify,
6 suspend, or terminate an order for withholding, if filed
7 before 30 days after the entry of the judgment or order,
8 $40.
9 (2) Petition to vacate or modify any final judgment
10 or order of court, except a petition to modify,
11 terminate, or enforce a judgment or order for child or
12 spousal support or to modify, suspend, or terminate an
13 order for withholding, if filed later than 30 days after
14 the entry of the judgment or order, $60.
15 (3) Petition to vacate order of bond forfeiture,
16 $20.
17 (h) Mailing.
18 When the clerk is required to mail, the fee will be
19 $6, plus the cost of postage.
20 (i) Certified Copies.
21 Each certified copy of a judgment after the first,
22 except in small claims and forcible entry and detainer
23 cases, $10.
24 (j) Habeas Corpus.
25 For filing a petition for relief by habeas corpus,
26 $80.
27 (k) Certification, Authentication, and Reproduction.
28 (1) Each certification or authentication for taking
29 the acknowledgment of a deed or other instrument in
30 writing with the seal of office, $4.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, $50.
33 (3) Court appeals when original documents are
34 forwarded, over 100 pages, plus delivery and costs, $120.
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1 (4) Court appeals when original documents are
2 forwarded, over 200 pages, an additional fee of 20 cents
3 per page.
4 (5) For reproduction of any document contained in
5 the clerk's files:
6 (A) First page, $2.
7 (B) Next 19 pages, 50 cents per page.
8 (C) All remaining pages, 25 cents per page.
9 (l) Remands.
10 In any cases remanded to the Circuit Court from the
11 Supreme Court or the Appellate Court for a new trial, the
12 clerk shall file the remanding order and reinstate the
13 case with either its original number or a new number.
14 The Clerk shall not charge any new or additional fee for
15 the reinstatement. Upon reinstatement the Clerk shall
16 advise the parties of the reinstatement. A party shall
17 have the same right to a jury trial on remand and
18 reinstatement as he or she had before the appeal, and no
19 additional or new fee or charge shall be made for a jury
20 trial after remand.
21 (m) Record Search.
22 For each record search, within a division or
23 municipal district, the clerk shall be entitled to a
24 search fee of $4 for each year searched.
25 (n) Hard Copy.
26 For each page of hard copy print output, when case
27 records are maintained on an automated medium, the clerk
28 shall be entitled to a fee of $4.
29 (o) Index Inquiry and Other Records.
30 No fee shall be charged for a single
31 plaintiff/defendant index inquiry or single case record
32 inquiry when this request is made in person and the
33 records are maintained in a current automated medium, and
34 when no hard copy print output is requested. The fees to
-29- LRB9112278WHcs
1 be charged for management records, multiple case records,
2 and multiple journal records may be specified by the
3 Chief Judge pursuant to the guidelines for access and
4 dissemination of information approved by the Supreme
5 Court.
6 (p) Commitment Petitions.
7 For filing commitment petitions under the Mental
8 Health and Developmental Disabilities Code, $25.
9 (q) Alias Summons.
10 For each alias summons or citation issued by the
11 clerk, $4.
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 $192.50, as a
31 fee for the services of a jury in every civil action not
32 quasi-criminal in its nature and not a proceeding for the
33 exercise of the right of eminent domain and in every
34 other action wherein the right of trial by jury is or may
-30- LRB9112278WHcs
1 be given by law. The jury fee shall be paid by the party
2 demanding a jury at the time of filing the jury demand.
3 If the fee is not paid by either party, no jury shall be
4 called in the action or proceeding, and the same shall be
5 tried by the court without a jury.
6 (t) Voluntary Assignment.
7 For filing each deed of voluntary assignment, $10;
8 for recording the same, 25¢ for each 100 words.
9 Exceptions filed to claims presented to an assignee of a
10 debtor who has made a voluntary assignment for the
11 benefit of creditors shall be considered and treated, for
12 the purpose of taxing costs therein, as actions in which
13 the party or parties filing the exceptions shall be
14 considered as party or parties plaintiff, and the
15 claimant or claimants as party or parties defendant, and
16 those parties respectively shall pay to the clerk the
17 same fees as provided by this Section to be paid in other
18 actions.
19 (u) Expungement Petition.
20 The clerk shall be entitled to receive a fee of $30
21 for each expungement petition filed and an additional fee
22 of $2 for each certified copy of an order to expunge
23 arrest records.
24 (v) Probate.
25 The clerk is entitled to receive the fees specified in
26 this subsection (v), which shall be paid in advance, except
27 that, for good cause shown, the court may suspend, reduce, or
28 release the costs payable under this subsection:
29 (1) For administration of the estate of a decedent
30 (whether testate or intestate) or of a missing person,
31 $100, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
-31- LRB9112278WHcs
1 $25.
2 (B) When (i) proof of heirship alone is made,
3 (ii) a domestic or foreign will is admitted to
4 probate without administration (including proof of
5 heirship), or (iii) letters of office are issued for
6 a particular purpose without administration of the
7 estate, the fee shall be $25.
8 (2) For administration of the estate of a ward,
9 $50, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $25.
14 (B) When (i) letters of office are issued to a
15 guardian of the person or persons, but not of the
16 estate or (ii) letters of office are issued in the
17 estate of a ward without administration of the
18 estate, including filing or joining in the filing of
19 a tax return or releasing a mortgage or consenting
20 to the marriage of the ward, the fee shall be $10.
21 (3) In addition to the fees payable under
22 subsection (v)(1) or (v)(2) of this Section, the
23 following fees are payable:
24 (A) For each account (other than one final
25 account) filed in the estate of a decedent, or ward,
26 $15.
27 (B) For filing a claim in an estate when the
28 amount claimed is $150 or more but less than $500,
29 $10; when the amount claimed is $500 or more but
30 less than $10,000, $25; when the amount claimed is
31 $10,000 or more, $40; provided that the court in
32 allowing a claim may add to the amount allowed the
33 filing fee paid by the claimant.
34 (C) For filing in an estate a claim, petition,
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1 or supplemental proceeding based upon an action
2 seeking equitable relief including the construction
3 or contest of a will, enforcement of a contract to
4 make a will, and proceedings involving testamentary
5 trusts or the appointment of testamentary trustees,
6 $40.
7 (D) For filing in an estate (i) the appearance
8 of any person for the purpose of consent or (ii) the
9 appearance of an executor, administrator,
10 administrator to collect, guardian, guardian ad
11 litem, or special administrator, no fee.
12 (E) Except as provided in subsection
13 (v)(3)(D), for filing the appearance of any person
14 or persons, $10.
15 (F) For each jury demand, $102.50.
16 (G) For disposition of the collection of a
17 judgment or settlement of an action or claim for
18 wrongful death of a decedent or of any cause of
19 action of a ward, when there is no other
20 administration of the estate, $30, less any amount
21 paid under subsection (v)(1)(B) or (v)(2)(B) except
22 that if the amount involved does not exceed $5,000,
23 the fee, including any amount paid under subsection
24 (v)(1)(B) or (v)(2)(B), shall be $10.
25 (H) For each certified copy of letters of
26 office, of court order or other certification, $1,
27 plus 50¢ per page in excess of 3 pages for the
28 document certified.
29 (I) For each exemplification, $1, plus the fee
30 for certification.
31 (4) The executor, administrator, guardian,
32 petitioner, or other interested person or his or her
33 attorney shall pay the cost of publication by the clerk
34 directly to the newspaper.
-33- LRB9112278WHcs
1 (5) The person on whose behalf a charge is incurred
2 for witness, court reporter, appraiser, or other
3 miscellaneous fee shall pay the same directly to the
4 person entitled thereto.
5 (6) The executor, administrator, guardian,
6 petitioner, or other interested person or his attorney
7 shall pay to the clerk all postage charges incurred by
8 the clerk in mailing petitions, orders, notices, or other
9 documents pursuant to the provisions of the Probate Act
10 of 1975.
11 (w) Criminal and Quasi-Criminal Costs and Fees.
12 (1) The clerk shall be entitled to costs in all
13 criminal and quasi-criminal cases from each person
14 convicted or sentenced to supervision therein as follows:
15 (A) Felony complaints, $80.
16 (B) Misdemeanor complaints, $50.
17 (C) Business offense complaints, $50.
18 (D) Petty offense complaints, $50.
19 (E) Minor traffic or ordinance violations,
20 $20.
21 (F) When court appearance required, $30.
22 (G) Motions to vacate or amend final orders,
23 $20.
24 (H) Motions to vacate bond forfeiture orders,
25 $20.
26 (I) Motions to vacate ex parte judgments,
27 whenever filed, $20.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, $20.
30 (K) Motions to vacate "failure to appear" or
31 "failure to comply" notices sent to the Secretary of
32 State, $20.
33 (2) In counties having a population of more than
34 650,000 but fewer than 3,000,000 inhabitants, when the
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1 violation complaint is issued by a municipal police
2 department, the clerk shall be entitled to costs from
3 each person convicted therein as follows:
4 (A) Minor traffic or ordinance violations,
5 $10.
6 (B) When court appearance required, $15.
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 $50 as a fee for the services of a jury. The jury fee
13 shall be paid by the defendant at the time of filing his
14 or her jury demand. If the fee is not so paid by the
15 defendant, no jury shall be called, and the case shall be
16 tried by the court without a jury.
17 (x) Transcripts of Judgment.
18 For the filing of a transcript of judgment, the
19 clerk shall be entitled to the same fee as if it were the
20 commencement of new suit.
21 (y) Change of Venue.
22 (1) For the filing of a change of case on a change
23 of venue, the clerk shall be entitled to the same fee as
24 if it were the commencement of a new suit.
25 (2) The fee for the preparation and certification
26 of a record on a change of venue to another jurisdiction,
27 when original documents are forwarded, $25.
28 (z) Tax objection complaints.
29 For each tax objection complaint containing one or
30 more tax objections, regardless of the number of parcels
31 involved or the number of taxpayers joining in the
32 complaint, $25.
33 (aa) Tax Deeds.
34 (1) Petition for tax deed, if only one parcel is
-35- LRB9112278WHcs
1 involved, $150.
2 (2) For each additional parcel, add a fee of $50.
3 (bb) Collections.
4 (1) For all collections made of others, except the
5 State and county and except in maintenance or child
6 support cases, a sum equal to 2.5% of the amount
7 collected and turned over.
8 (2) Interest earned on any funds held by the clerk
9 shall be turned over to the county general fund as an
10 earning of the office.
11 (3) For any check, draft, or other bank instrument
12 returned to the clerk for non-sufficient funds, account
13 closed, or payment stopped, $25.
14 (4) In child support and maintenance cases, the
15 clerk, if authorized by an ordinance of the county board,
16 may collect an annual fee of up to $36 from the person
17 making payment for maintaining child support records and
18 the processing of support orders to the State of Illinois
19 KIDS system and the recording of payments issued by the
20 State Disbursement Unit for the official record of the
21 Court. This fee shall be in addition to and separate from
22 amounts ordered to be paid as maintenance or child
23 support and shall be deposited into a Separate
24 Maintenance and Child Support Collection Fund, of which
25 the clerk shall be the custodian, ex-officio, to be used
26 by the clerk to maintain child support orders and record
27 all payments issued by the State Disbursement Unit for
28 the official record of the Court. The clerk may recover
29 from the person making the maintenance or child support
30 payment any additional cost incurred in the collection of
31 this annual 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
-36- LRB9112278WHcs
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 The fee requirements of this Section shall not apply
11 to police departments or other law enforcement agencies.
12 In this Section, "law enforcement agency" means an agency
13 of the State or a unit of local government which is
14 vested by law or ordinance with the duty to maintain
15 public order and to enforce criminal laws or ordinances.
16 "Law enforcement agency" also means the Attorney General
17 or any state's attorney. The fee requirements of this
18 Section shall not apply to any action instituted under
19 subsection (b) of Section 11-31-1 of the Illinois
20 Municipal Code by a private owner or tenant of real
21 property within 1200 feet of a dangerous or unsafe
22 building seeking an order compelling the owner or owners
23 of the building to take any of the actions authorized
24 under that subsection.
25 (ee) Adoptions.
26 (1) For an adoption.............................$65
27 (2) Upon good cause shown, the court may waive the
28 adoption filing fee in a special needs adoption. The
29 term "special needs adoption" shall have the meaning
30 ascribed to it by the Illinois Department of Children and
31 Family Services.
32 (ff) Adoption exemptions.
33 No fee other than that set forth in subsection (ee)
34 shall be charged to any person in connection with an
-37- LRB9112278WHcs
1 adoption proceeding.
2 (gg) Parking; review of administrative adjudication.
3 The fee for filing a complaint or petition seeking
4 judicial review of an administrative adjudication of an
5 alleged violation of an ordinance regulating the parking
6 or standing of motor vehicles is $20. Notwithstanding
7 any other provision of law, the clerk of the circuit
8 court may not impose any fees of any kind, other than
9 the $20 fee authorized under this subsection (gg), for
10 filing a complaint or petition seeking judicial review of
11 an administrative adjudication of an alleged violation of
12 an ordinance regulating the parking or standing of motor
13 vehicles. If there is a conflict between this
14 subsection (gg) and any other provision of law, this
15 subsection (gg) controls. The $20 limit in this
16 subsection (gg) applies only to the filing fee and does
17 not prohibit the assessment or imposition of other fees,
18 costs, or penalties while a case is pending, at the
19 conclusion of a case, or after the conclusion of a case.
20 (hh) Parking; ordinance violation.
21 The fee for filing an appearance in a case alleging
22 a violation of an ordinance regulating the parking or
23 standing of motor vehicles is $20. Notwithstanding any
24 other provision of law, the clerk of the circuit court
25 may not impose any fees of any kind, other than the $20
26 fee authorized under this subsection (hh), for filing an
27 appearance in a case alleging a violation of an
28 ordinance regulating the parking or standing of motor
29 vehicles. If there is a conflict between this subsection
30 (hh) and any other provision of law, this subsection
31 (hh) controls. The $20 limit in this subsection (hh)
32 applies only to the filing fee and does not prohibit the
33 assessment or imposition of other fees, costs, or
34 penalties while a case is pending, at the conclusion of
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1 a case, or after the conclusion of a case.
2 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
3 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
4 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
5 Sec. 27.2a. The fees of the clerks of the circuit court
6 in all counties having a population of 3,000,000 or more
7 inhabitants in the instances described in this Section shall
8 be as provided in this Section. The fees shall be paid in
9 advance and shall be as follows:
10 (a) Civil Cases.
11 The fee for filing a complaint, petition, or other
12 pleading initiating a civil action, with the following
13 exceptions, shall be $190.
14 (A) When the amount of money or damages or the
15 value of personal property claimed does not exceed
16 $250, $15.
17 (B) When that amount exceeds $250 but does not
18 exceed $1000, $40.
19 (C) When that amount exceeds $1000 but does
20 not exceed $2500, $50.
21 (D) When that amount exceeds $2500 but does
22 not exceed $5000, $100.
23 (E) When that amount exceeds $5000 but does
24 not exceed $15,000, $150.
25 (F) For the exercise of eminent domain, $150.
26 For each additional lot or tract of land or right or
27 interest therein subject to be condemned, the
28 damages in respect to which shall require separate
29 assessment by a jury, $150.
30 (b) Forcible Entry and Detainer.
31 In each forcible entry and detainer case when the
32 plaintiff seeks possession only or unites with his or her
33 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, $75.
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, $225.
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, $60. When the amount exceeds $1500, but
18 does not exceed $5000, $75. When the amount exceeds
19 $5000, but does not exceed $15,000, $175. When the amount
20 exceeds $15,000, $250.
21 (e) Appearance.
22 The fee for filing an appearance in each civil case
23 shall be $75, except as follows:
24 (A) When the plaintiff in a forcible entry and
25 detainer case seeks possession only, $40.
26 (B) When the amount in the case does not
27 exceed $1500, $40.
28 (C) When that amount exceeds $1500 but does
29 not exceed $15,000, $60.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, $15; when the amount exceeds $1,000 but does not
34 exceed $5,000, $30; and when the amount exceeds $5,000,
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1 $50.
2 (g) Petition to Vacate or Modify.
3 (1) Petition to vacate or modify any final judgment
4 or order of court, except in forcible entry and detainer
5 cases and small claims cases or a petition to reopen an
6 estate, to modify, terminate, or enforce a judgment or
7 order for child or spousal support, or to modify,
8 suspend, or terminate an order for withholding, if filed
9 before 30 days after the entry of the judgment or order,
10 $50.
11 (2) Petition to vacate or modify any final judgment
12 or order of court, except a petition to modify,
13 terminate, or enforce a judgment or order for child or
14 spousal support or to modify, suspend, or terminate an
15 order for withholding, if filed later than 30 days after
16 the entry of the judgment or order, $75.
17 (3) Petition to vacate order of bond forfeiture,
18 $40.
19 (h) Mailing.
20 When the clerk is required to mail, the fee will be
21 $10, plus the cost of postage.
22 (i) Certified Copies.
23 Each certified copy of a judgment after the first,
24 except in small claims and forcible entry and detainer
25 cases, $15.
26 (j) Habeas Corpus.
27 For filing a petition for relief by habeas corpus,
28 $125.
29 (k) Certification, Authentication, and Reproduction.
30 (1) Each certification or authentication for taking
31 the acknowledgment of a deed or other instrument in
32 writing with the seal of office, $6.
33 (2) Court appeals when original documents are
34 forwarded, under 100 pages, plus delivery and costs, $75.
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1 (3) Court appeals when original documents are
2 forwarded, over 100 pages, plus delivery and costs, $150.
3 (4) Court appeals when original documents are
4 forwarded, over 200 pages, an additional fee of 25 cents
5 per page.
6 (5) For reproduction of any document contained in
7 the clerk's files:
8 (A) First page, $2.
9 (B) Next 19 pages, 50 cents per page.
10 (C) All remaining pages, 25 cents per page.
11 (l) Remands.
12 In any cases remanded to the Circuit Court from the
13 Supreme Court or the Appellate Court for a new trial, the
14 clerk shall file the remanding order and reinstate the
15 case with either its original number or a new number.
16 The Clerk shall not charge any new or additional fee for
17 the reinstatement. Upon reinstatement the Clerk shall
18 advise the parties of the reinstatement. A party shall
19 have the same right to a jury trial on remand and
20 reinstatement as he or she had before the appeal, and no
21 additional or new fee or charge shall be made for a jury
22 trial after remand.
23 (m) Record Search.
24 For each record search, within a division or
25 municipal district, the clerk shall be entitled to a
26 search fee of $6 for each year searched.
27 (n) Hard Copy.
28 For each page of hard copy print output, when case
29 records are maintained on an automated medium, the clerk
30 shall be entitled to a fee of $6.
31 (o) Index Inquiry and Other Records.
32 No fee shall be charged for a single
33 plaintiff/defendant index inquiry or single case record
34 inquiry when this request is made in person and the
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1 records are maintained in a current automated medium, and
2 when no hard copy print output is requested. The fees to
3 be charged for management records, multiple case records,
4 and multiple journal records may be specified by the
5 Chief Judge pursuant to the guidelines for access and
6 dissemination of information approved by the Supreme
7 Court.
8 (p) Commitment Petitions.
9 For filing commitment petitions under the Mental
10 Health and Developmental Disabilities Code, $50.
11 (q) Alias Summons.
12 For each alias summons or citation issued by the
13 clerk, $5.
14 (r) Other Fees.
15 Any fees not covered in this Section shall be set by
16 rule or administrative order of the Circuit Court with
17 the approval of the Administrative Office of the Illinois
18 Courts.
19 The clerk of the circuit court may provide
20 additional services for which there is no fee specified
21 by statute in connection with the operation of the
22 clerk's office as may be requested by the public and
23 agreed to by the clerk and approved by the chief judge of
24 the circuit court. Any charges for additional services
25 shall be as agreed to between the clerk and the party
26 making the request and approved by the chief judge of the
27 circuit court. Nothing in this subsection shall be
28 construed to require any clerk to provide any service not
29 otherwise required by law.
30 (s) Jury Services.
31 The clerk shall be entitled to receive, in addition
32 to other fees allowed by law, the sum of $212.50, as a
33 fee for the services of a jury in every civil action not
34 quasi-criminal in its nature and not a proceeding for the
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1 exercise of the right of eminent domain and in every
2 other action wherein the right of trial by jury is or may
3 be given by law. The jury fee shall be paid by the party
4 demanding a jury at the time of filing the jury demand.
5 If the fee is not paid by either party, no jury shall be
6 called in the action or proceeding, and the same shall be
7 tried by the court without a jury.
8 (t) Voluntary Assignment.
9 For filing each deed of voluntary assignment, $20;
10 for recording the same, 50¢ for each 100 words.
11 Exceptions filed to claims presented to an assignee of a
12 debtor who has made a voluntary assignment for the
13 benefit of creditors shall be considered and treated, for
14 the purpose of taxing costs therein, as actions in which
15 the party or parties filing the exceptions shall be
16 considered as party or parties plaintiff, and the
17 claimant or claimants as party or parties defendant, and
18 those parties respectively shall pay to the clerk the
19 same fees as provided by this Section to be paid in other
20 actions.
21 (u) Expungement Petition.
22 The clerk shall be entitled to receive a fee of $60
23 for each expungement petition filed and an additional fee
24 of $4 for each certified copy of an order to expunge
25 arrest records.
26 (v) Probate.
27 The clerk is entitled to receive the fees specified in
28 this subsection (v), which shall be paid in advance, except
29 that, for good cause shown, the court may suspend, reduce, or
30 release the costs payable under this subsection:
31 (1) For administration of the estate of a decedent
32 (whether testate or intestate) or of a missing person,
33 $150, plus the fees specified in subsection (v)(3),
34 except:
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1 (A) When the value of the real and personal
2 property does not exceed $15,000, the fee shall be
3 $40.
4 (B) When (i) proof of heirship alone is made,
5 (ii) a domestic or foreign will is admitted to
6 probate without administration (including proof of
7 heirship), or (iii) letters of office are issued for
8 a particular purpose without administration of the
9 estate, the fee shall be $40.
10 (2) For administration of the estate of a ward,
11 $75, plus the fees specified in subsection (v)(3),
12 except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be
15 $40.
16 (B) When (i) letters of office are issued to a
17 guardian of the person or persons, but not of the
18 estate or (ii) letters of office are issued in the
19 estate of a ward without administration of the
20 estate, including filing or joining in the filing of
21 a tax return or releasing a mortgage or consenting
22 to the marriage of the ward, the fee shall be $20.
23 (3) In addition to the fees payable under
24 subsection (v)(1) or (v)(2) of this Section, the
25 following fees are payable:
26 (A) For each account (other than one final
27 account) filed in the estate of a decedent, or ward,
28 $25.
29 (B) For filing a claim in an estate when the
30 amount claimed is $150 or more but less than $500,
31 $20; when the amount claimed is $500 or more but
32 less than $10,000, $40; when the amount claimed is
33 $10,000 or more, $60; provided that the court in
34 allowing a claim may add to the amount allowed the
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1 filing fee paid by the claimant.
2 (C) For filing in an estate a claim, petition,
3 or supplemental proceeding based upon an action
4 seeking equitable relief including the construction
5 or contest of a will, enforcement of a contract to
6 make a will, and proceedings involving testamentary
7 trusts or the appointment of testamentary trustees,
8 $60.
9 (D) For filing in an estate (i) the appearance
10 of any person for the purpose of consent or (ii) the
11 appearance of an executor, administrator,
12 administrator to collect, guardian, guardian ad
13 litem, or special administrator, no fee.
14 (E) Except as provided in subsection
15 (v)(3)(D), for filing the appearance of any person
16 or persons, $30.
17 (F) For each jury demand, $137.50.
18 (G) For disposition of the collection of a
19 judgment or settlement of an action or claim for
20 wrongful death of a decedent or of any cause of
21 action of a ward, when there is no other
22 administration of the estate, $50, less any amount
23 paid under subsection (v)(1)(B) or (v)(2)(B) except
24 that if the amount involved does not exceed $5,000,
25 the fee, including any amount paid under subsection
26 (v)(1)(B) or (v)(2)(B), shall be $20.
27 (H) For each certified copy of letters of
28 office, of court order or other certification, $2,
29 plus $1 per page in excess of 3 pages for the
30 document certified.
31 (I) For each exemplification, $2, plus the fee
32 for certification.
33 (4) The executor, administrator, guardian,
34 petitioner, or other interested person or his or her
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1 attorney shall pay the cost of publication by the clerk
2 directly to the newspaper.
3 (5) The person on whose behalf a charge is incurred
4 for witness, court reporter, appraiser, or other
5 miscellaneous fee shall pay the same directly to the
6 person entitled thereto.
7 (6) The executor, administrator, guardian,
8 petitioner, or other interested person or his or her
9 attorney shall pay to the clerk all postage charges
10 incurred by the clerk in mailing petitions, orders,
11 notices, or other documents pursuant to the provisions of
12 the Probate Act of 1975.
13 (w) Criminal and Quasi-Criminal Costs and Fees.
14 (1) The clerk shall be entitled to costs in all
15 criminal and quasi-criminal cases from each person
16 convicted or sentenced to supervision therein as follows:
17 (A) Felony complaints, $125.
18 (B) Misdemeanor complaints, $75.
19 (C) Business offense complaints, $75.
20 (D) Petty offense complaints, $75.
21 (E) Minor traffic or ordinance violations,
22 $30.
23 (F) When court appearance required, $50.
24 (G) Motions to vacate or amend final orders,
25 $40.
26 (H) Motions to vacate bond forfeiture orders,
27 $30.
28 (I) Motions to vacate ex parte judgments,
29 whenever filed, $30.
30 (J) Motions to vacate judgment on forfeitures,
31 whenever filed, $25.
32 (K) Motions to vacate "failure to appear" or
33 "failure to comply" notices sent to the Secretary of
34 State, $40.
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1 (2) In counties having a population of 3,000,000 or
2 more, when the violation complaint is issued by a
3 municipal police department, the clerk shall be entitled
4 to costs from each person convicted therein as follows:
5 (A) Minor traffic or ordinance violations,
6 $30.
7 (B) When court appearance required, $50.
8 (3) In ordinance violation cases punishable by fine
9 only, the clerk of the circuit court shall be entitled to
10 receive, unless the fee is excused upon a finding by the
11 court that the defendant is indigent, in addition to
12 other fees or costs allowed or imposed by law, the sum of
13 $112.50 as a fee for the services of a jury. The jury
14 fee shall be paid by the defendant at the time of filing
15 his or her jury demand. If the fee is not so paid by the
16 defendant, no jury shall be called, and the case shall be
17 tried by the court without a jury.
18 (x) Transcripts of Judgment.
19 For the filing of a transcript of judgment, the
20 clerk shall be entitled to the same fee as if it were the
21 commencement of a new suit.
22 (y) Change of Venue.
23 (1) For the filing of a change of case on a change
24 of venue, the clerk shall be entitled to the same fee as
25 if it were the commencement of a new suit.
26 (2) The fee for the preparation and certification
27 of a record on a change of venue to another jurisdiction,
28 when original documents are forwarded, $40.
29 (z) Tax objection complaints.
30 For each tax objection complaint containing one or
31 more tax objections, regardless of the number of parcels
32 involved or the number of taxpayers joining in the
33 complaint, $50.
34 (aa) Tax Deeds.
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1 (1) Petition for tax deed, if only one parcel is
2 involved, $250.
3 (2) For each additional parcel, add a fee of $100.
4 (bb) Collections.
5 (1) For all collections made of others, except the
6 State and county and except in maintenance or child
7 support cases, a sum equal to 3.0% of the amount
8 collected and turned over.
9 (2) Interest earned on any funds held by the clerk
10 shall be turned over to the county general fund as an
11 earning of the office.
12 (3) For any check, draft, or other bank instrument
13 returned to the clerk for non-sufficient funds, account
14 closed, or payment stopped, $25.
15 (4) In child support and maintenance cases, the
16 clerk, if authorized by an ordinance of the county board,
17 may collect an annual fee of up to $36 from the person
18 making payment for maintaining child support records and
19 the processing of support orders to the State of Illinois
20 KIDS system and the recording of payments issued by the
21 State Disbursement Unit for the official record of the
22 Court. This fee shall be in addition to and separate
23 from 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 maintain child support orders and record
28 all payments issued by the State Disbursement Unit for
29 the official record of the Court. The clerk may recover
30 from the person making the maintenance or child support
31 payment any additional cost incurred in the collection of
32 this annual fee.
33 The clerk shall also be entitled to a fee of $5 for
34 certifications made to the Secretary of State as provided
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1 in Section 7-703 of the Family Financial Responsibility
2 Law and these fees shall also be deposited into the
3 Separate Maintenance and Child Support Collection Fund.
4 (cc) Corrections of Numbers.
5 For correction of the case number, case title, or
6 attorney computer identification number, if required by
7 rule of court, on any document filed in the clerk's
8 office, to be charged against the party that filed the
9 document, $25.
10 (dd) Exceptions.
11 (1) The fee requirements of this Section shall not
12 apply to police departments or other law enforcement
13 agencies. In this Section, "law enforcement agency"
14 means an agency of the State or a unit of local
15 government which is vested by law or ordinance with the
16 duty to maintain public order and to enforce criminal
17 laws or ordinances. "Law enforcement agency" also means
18 the Attorney General or any state's attorney.
19 (2) No fee provided herein shall be charged to any
20 unit of local government or school district. The fee
21 requirements of this Section shall not apply to any
22 action instituted under subsection (b) of Section 11-31-1
23 of the Illinois Municipal Code by a private owner or
24 tenant of real property within 1200 feet of a dangerous
25 or unsafe building seeking an order compelling the owner
26 or owners of the building to take any of the actions
27 authorized under that subsection.
28 (ee) Adoption.
29 (1) For an adoption.............................$65
30 (2) Upon good cause shown, the court may waive the
31 adoption filing fee in a special needs adoption. The
32 term "special needs adoption" shall have the meaning
33 ascribed to it by the Illinois Department of Children and
34 Family Services.
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1 (ff) Adoption exemptions.
2 No fee other than that set forth in subsection (ee)
3 shall be charged to any person in connection with an
4 adoption proceeding.
5 (gg) Parking; review of administrative adjudication.
6 The fee for filing a complaint or petition seeking
7 judicial review of an administrative adjudication of an
8 alleged violation of an ordinance regulating the parking
9 or standing of motor vehicles is $20. Notwithstanding
10 any other provision of law, the clerk of the circuit
11 court may not impose any fees of any kind, other than
12 the $20 fee authorized under this subsection (gg), for
13 filing a complaint or petition seeking judicial review of
14 an administrative adjudication of an alleged violation of
15 an ordinance regulating the parking or standing of motor
16 vehicles. If there is a conflict between this
17 subsection (gg) and any other provision of law, this
18 subsection (gg) controls. The $20 limit in this
19 subsection (gg) applies only to the filing fee and does
20 not prohibit the assessment or imposition of other fees,
21 costs, or penalties while a case is pending, at the
22 conclusion of a case, or after the conclusion of a case.
23 (hh) Parking; ordinance violation.
24 The fee for filing an appearance in a case alleging
25 a violation of an ordinance regulating the parking or
26 standing of motor vehicles is $20. Notwithstanding any
27 other provision of law, the clerk of the circuit court
28 may not impose any fees of any kind, other than the $20
29 fee authorized under this subsection (hh), for filing an
30 appearance in a case alleging a violation of an
31 ordinance regulating the parking or standing of motor
32 vehicles. If there is a conflict between this subsection
33 (hh) and any other provision of law, this subsection
34 (hh) controls. The $20 limit in this subsection (hh)
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1 applies only to the filing fee and does not prohibit the
2 assessment or imposition of other fees, costs, or
3 penalties while a case is pending, at the conclusion of
4 a case, or after the conclusion of a case.
5 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
6 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff.
7 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.