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| [ Senate Amendment 001 ] |
92_HB1829sam002
LRB9205211BDdvam03
1 AMENDMENT TO HOUSE BILL 1829
2 AMENDMENT NO. . Amend House Bill 1829 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Clerks of Courts Act is amended by
5 changing Sections 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
7 Sec. 27.1a. The fees of the clerks of the circuit court
8 in all counties having a population in excess of 180,000 but
9 not more than 500,000 650,000 inhabitants in the instances
10 described in this Section shall be as provided in this
11 Section. The fees shall be paid in advance and shall be as
12 follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $150.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $10.
20 (B) When that amount exceeds $250 but does not
21 exceed $500, $20.
22 (C) When that amount exceeds $500 but does not
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1 exceed $2500, $30.
2 (D) When that amount exceeds $2500 but does
3 not exceed $15,000, $75.
4 (E) For the exercise of eminent domain, $150.
5 For each additional lot or tract of land or right or
6 interest therein subject to be condemned, the
7 damages in respect to which shall require separate
8 assessment by a jury, $150.
9 (a-1) Family.
10 For filing a petition under the Juvenile Court Act
11 of 1987, $25.
12 For filing a petition for a marriage license, $10.
13 For performing a marriage in court, $10.
14 For filing a petition under the Illinois Parentage
15 Act of 1984, $40.
16 (b) Forcible Entry and Detainer.
17 In each forcible entry and detainer case when the
18 plaintiff seeks possession only or unites with his or her
19 claim for possession of the property a claim for rent or
20 damages or both in the amount of $15,000 or less, $40.
21 When the plaintiff unites his or her claim for possession
22 with a claim for rent or damages or both exceeding
23 $15,000, $150.
24 (c) Counterclaim or Joining Third Party Defendant.
25 When any defendant files a counterclaim as part of
26 his or her answer or otherwise or joins another party as
27 a third party defendant, or both, the defendant shall pay
28 a fee for each counterclaim or third party action in an
29 amount equal to the fee he or she would have had to pay
30 had he or she brought a separate action for the relief
31 sought in the counterclaim or against the third party
32 defendant, less the amount of the appearance fee, if that
33 has been paid.
34 (d) Confession of Judgment.
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1 In a confession of judgment when the amount does not
2 exceed $1500, $50. When the amount exceeds $1500, but
3 does not exceed $15,000, $115. When the amount exceeds
4 $15,000, $200.
5 (e) Appearance.
6 The fee for filing an appearance in each civil case
7 shall be $50, except as follows:
8 (A) When the plaintiff in a forcible entry and
9 detainer case seeks possession only, $20.
10 (B) When the amount in the case does not
11 exceed $1500, $20.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, $40.
14 (f) Garnishment, Wage Deduction, and Citation.
15 In garnishment affidavit, wage deduction affidavit,
16 and citation petition when the amount does not exceed
17 $1,000, $10; when the amount exceeds $1,000 but does not
18 exceed $5,000, $20; and when the amount exceeds $5,000,
19 $30.
20 (g) Petition to Vacate or Modify.
21 (1) Petition to vacate or modify any final judgment
22 or order of court, except in forcible entry and detainer
23 cases and small claims cases or a petition to reopen an
24 estate, to modify, terminate, or enforce a judgment or
25 order for child or spousal support, or to modify,
26 suspend, or terminate an order for withholding, if filed
27 before 30 days after the entry of the judgment or order,
28 $40.
29 (2) Petition to vacate or modify any final judgment
30 or order of court, except a petition to modify,
31 terminate, or enforce a judgment or order for child or
32 spousal support or to modify, suspend, or terminate an
33 order for withholding, if filed later than 30 days after
34 the entry of the judgment or order, $60.
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1 (3) Petition to vacate order of bond forfeiture,
2 $20.
3 (h) Mailing.
4 When the clerk is required to mail, the fee will be
5 $6, plus the cost of postage.
6 (i) Certified Copies.
7 Each certified copy of a judgment after the first,
8 except in small claims and forcible entry and detainer
9 cases, $10.
10 (j) Habeas Corpus.
11 For filing a petition for relief by habeas corpus,
12 $80.
13 (k) Certification, Authentication, and Reproduction.
14 (1) Each certification or authentication for taking
15 the acknowledgment of a deed or other instrument in
16 writing with the seal of office, $4.
17 (2) Court appeals when original documents are
18 forwarded, under 100 pages, plus delivery and costs, $50.
19 (3) Court appeals when original documents are
20 forwarded, over 100 pages, plus delivery and costs, $120.
21 (4) Court appeals when original documents are
22 forwarded, over 200 pages, an additional fee of 20 cents
23 per page.
24 (5) For reproduction of any document contained in
25 the clerk's files:
26 (A) First page, $2.
27 (B) Next 19 pages, 50 cents per page.
28 (C) All remaining pages, 25 cents per page.
29 (l) Remands.
30 In any cases remanded to the Circuit Court from the
31 Supreme Court or the Appellate Court for a new trial, the
32 clerk shall file the remanding order and reinstate the
33 case with either its original number or a new number. The
34 Clerk shall not charge any new or additional fee for the
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1 reinstatement. Upon reinstatement the Clerk shall advise
2 the parties of the reinstatement. A party shall have the
3 same right to a jury trial on remand and reinstatement as
4 he or she had before the appeal, and no additional or new
5 fee or charge shall be made for a jury trial after
6 remand.
7 (m) Record Search.
8 For each record search, within a division or
9 municipal district, the clerk shall be entitled to a
10 search fee of $4 for each year searched.
11 (n) Hard Copy.
12 For each page of hard copy print output, when case
13 records are maintained on an automated medium, the clerk
14 shall be entitled to a fee of $4.
15 (o) Index Inquiry and Other Records.
16 No fee shall be charged for a single
17 plaintiff/defendant index inquiry or single case record
18 inquiry when this request is made in person and the
19 records are maintained in a current automated medium, and
20 when no hard copy print output is requested. The fees to
21 be charged for management records, multiple case records,
22 and multiple journal records may be specified by the
23 Chief Judge pursuant to the guidelines for access and
24 dissemination of information approved by the Supreme
25 Court.
26 (p) Commitment Petitions.
27 For filing commitment petitions under the Mental
28 Health and Developmental Disabilities Code and for filing
29 a transcript of commitment proceedings held in another
30 county, $25.
31 (q) Alias Summons.
32 For each alias summons or citation issued by the
33 clerk, $4.
34 (r) Other Fees.
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1 Any fees not covered in this Section shall be set by
2 rule or administrative order of the Circuit Court with
3 the approval of the Administrative Office of the Illinois
4 Courts.
5 The clerk of the circuit court may provide
6 additional services for which there is no fee specified
7 by statute in connection with the operation of the
8 clerk's office as may be requested by the public and
9 agreed to by the clerk and approved by the chief judge of
10 the circuit court. Any charges for additional services
11 shall be as agreed to between the clerk and the party
12 making the request and approved by the chief judge of the
13 circuit court. Nothing in this subsection shall be
14 construed to require any clerk to provide any service not
15 otherwise required by law.
16 (s) Jury Services.
17 The clerk shall be entitled to receive, in addition
18 to other fees allowed by law, the sum of $192.50, as a
19 fee for the services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding for the
21 exercise of the right of eminent domain and in every
22 other action wherein the right of trial by jury is or may
23 be given by law. The jury fee shall be paid by the party
24 demanding a jury at the time of filing the jury demand.
25 If the fee is not paid by either party, no jury shall be
26 called in the action or proceeding, and the same shall be
27 tried by the court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, $10;
30 for recording the same, 25¢ for each 100 words.
31 Exceptions filed to claims presented to an assignee of a
32 debtor who has made a voluntary assignment for the
33 benefit of creditors shall be considered and treated, for
34 the purpose of taxing costs therein, as actions in which
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1 the party or parties filing the exceptions shall be
2 considered as party or parties plaintiff, and the
3 claimant or claimants as party or parties defendant, and
4 those parties respectively shall pay to the clerk the
5 same fees as provided by this Section to be paid in other
6 actions.
7 (u) Expungement Petition.
8 The clerk shall be entitled to receive a fee of $30
9 for each expungement petition filed and an additional fee
10 of $2 for each certified copy of an order to expunge
11 arrest records.
12 (v) Probate.
13 The clerk is entitled to receive the fees specified in
14 this subsection (v), which shall be paid in advance, except
15 that, for good cause shown, the court may suspend, reduce, or
16 release the costs payable under this subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person,
19 $100, plus the fees specified in subsection (v)(3),
20 except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be
23 $25.
24 (B) When (i) proof of heirship alone is made,
25 (ii) a domestic or foreign will is admitted to
26 probate without administration (including proof of
27 heirship), or (iii) letters of office are issued for
28 a particular purpose without administration of the
29 estate, the fee shall be $25.
30 (2) For administration of the estate of a ward,
31 $50, 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
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1 $25.
2 (B) When (i) letters of office are issued to a
3 guardian of the person or persons, but not of the
4 estate or (ii) letters of office are issued in the
5 estate of a ward without administration of the
6 estate, including filing or joining in the filing of
7 a tax return or releasing a mortgage or consenting
8 to the marriage of the ward, the fee shall be $10.
9 (3) In addition to the fees payable under
10 subsection (v)(1) or (v)(2) of this Section, the
11 following fees are payable:
12 (A) For each account (other than one final
13 account) filed in the estate of a decedent, or ward,
14 $15.
15 (B) For filing a claim in an estate when the
16 amount claimed is $150 or more but less than $500,
17 $10; when the amount claimed is $500 or more but
18 less than $10,000, $25; when the amount claimed is
19 $10,000 or more, $40; provided that the court in
20 allowing a claim may add to the amount allowed the
21 filing fee paid by the claimant.
22 (C) For filing in an estate a claim, petition,
23 or supplemental proceeding based upon an action
24 seeking equitable relief including the construction
25 or contest of a will, enforcement of a contract to
26 make a will, and proceedings involving testamentary
27 trusts or the appointment of testamentary trustees,
28 $40.
29 (D) For filing in an estate (i) the appearance
30 of any person for the purpose of consent or (ii) the
31 appearance of an executor, administrator,
32 administrator to collect, guardian, guardian ad
33 litem, or special administrator, no fee.
34 (E) Except as provided in subsection
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1 (v)(3)(D), for filing the appearance of any person
2 or persons, $10.
3 (F) For each jury demand, $102.50.
4 (G) For disposition of the collection of a
5 judgment or settlement of an action or claim for
6 wrongful death of a decedent or of any cause of
7 action of a ward, when there is no other
8 administration of the estate, $30, less any amount
9 paid under subsection (v)(1)(B) or (v)(2)(B) except
10 that if the amount involved does not exceed $5,000,
11 the fee, including any amount paid under subsection
12 (v)(1)(B) or (v)(2)(B), shall be $10.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, $1,
15 plus 50¢ per page in excess of 3 pages for the
16 document certified.
17 (I) For each exemplification, $1, plus the fee
18 for certification.
19 (4) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay the cost of publication by the clerk
22 directly to the newspaper.
23 (5) The person on whose behalf a charge is incurred
24 for witness, court reporter, appraiser, or other
25 miscellaneous fee shall pay the same directly to the
26 person entitled thereto.
27 (6) The executor, administrator, guardian,
28 petitioner, or other interested person or his or her
29 attorney shall pay to the clerk all postage charges
30 incurred by the clerk in mailing petitions, orders,
31 notices, or other documents pursuant to the provisions of
32 the Probate Act of 1975.
33 (w) Criminal and Quasi-Criminal Costs and Fees.
34 (1) The clerk shall be entitled to costs in all
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1 criminal and quasi-criminal cases from each person
2 convicted or sentenced to supervision therein as follows:
3 (A) Felony complaints, $80.
4 (B) Misdemeanor complaints, $50.
5 (C) Business offense complaints, $50.
6 (D) Petty offense complaints, $50.
7 (E) Minor traffic or ordinance violations,
8 $20.
9 (F) When court appearance required, $30.
10 (G) Motions to vacate or amend final orders,
11 $20.
12 (H) Motions to vacate bond forfeiture orders,
13 $20.
14 (I) Motions to vacate ex parte judgments,
15 whenever filed, $20.
16 (J) Motions to vacate judgment on forfeitures,
17 whenever filed, $20.
18 (K) Motions to vacate "failure to appear" or
19 "failure to comply" notices sent to the Secretary of
20 State, $20.
21 (2) In counties having a population in excess of
22 180,000 but not more than 500,000 650,000 inhabitants,
23 when the violation complaint is issued by a municipal
24 police department, the clerk shall be entitled to costs
25 from each person convicted therein as follows:
26 (A) Minor traffic or ordinance violations,
27 $10.
28 (B) When court appearance required, $15.
29 (3) In ordinance violation cases punishable by fine
30 only, the clerk of the circuit court shall be entitled to
31 receive, unless the fee is excused upon a finding by the
32 court that the defendant is indigent, in addition to
33 other fees or costs allowed or imposed by law, the sum of
34 $62.50 as a fee for the services of a jury. The jury fee
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1 shall be paid by the defendant at the time of filing his
2 or her jury demand. If the fee is not so paid by the
3 defendant, no jury shall be called, and the case shall be
4 tried by the court without a jury.
5 (x) Transcripts of Judgment.
6 For the filing of a transcript of judgment, the
7 clerk shall be entitled to the same fee as if it were the
8 commencement of a new suit.
9 (y) Change of Venue.
10 (1) For the filing of a change of case on a change
11 of venue, the clerk shall be entitled to the same fee as
12 if it were the commencement of a new suit.
13 (2) The fee for the preparation and certification
14 of a record on a change of venue to another jurisdiction,
15 when original documents are forwarded, $25.
16 (z) Tax objection complaints.
17 For each tax objection complaint containing one or
18 more tax objections, regardless of the number of parcels
19 involved or the number of taxpayers joining on the
20 complaint, $25.
21 (aa) Tax Deeds.
22 (1) Petition for tax deed, if only one parcel is
23 involved, $150.
24 (2) For each additional parcel, add a fee of $50.
25 (bb) Collections.
26 (1) For all collections made of others, except the
27 State and county and except in maintenance or child
28 support cases, a sum equal to 2.5% of the amount
29 collected and turned over.
30 (2) Interest earned on any funds held by the clerk
31 shall be turned over to the county general fund as an
32 earning of the office.
33 (3) For any check, draft, or other bank instrument
34 returned to the clerk for non-sufficient funds, account
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1 closed, or payment stopped, $25.
2 (4) In child support and maintenance cases, the
3 clerk, if authorized by an ordinance of the county board,
4 may collect an annual fee of up to $36 from the person
5 making payment for maintaining child support records and
6 the processing of support orders to the State of Illinois
7 KIDS system and the recording of payments issued by the
8 State Disbursement Unit for the official record of the
9 Court. This fee shall be in addition to and separate
10 from amounts ordered to be paid as maintenance or child
11 support and shall be deposited into a Separate
12 Maintenance and Child Support Collection Fund, of which
13 the clerk shall be the custodian, ex-officio, to be used
14 by the clerk to maintain child support orders and record
15 all payments issued by the State Disbursement Unit for
16 the official record of the Court. The clerk may recover
17 from the person making the maintenance or child support
18 payment any additional cost incurred in the collection
19 of this annual fee.
20 The clerk shall also be entitled to a fee of $5 for
21 certifications made to the Secretary of State as provided
22 in Section 7-703 of the Family Financial Responsibility
23 Law and these fees shall also be deposited into the
24 Separate Maintenance and Child Support Collection Fund.
25 (cc) Corrections of Numbers.
26 For correction of the case number, case title, or
27 attorney computer identification number, if required by
28 rule of court, on any document filed in the clerk's
29 office, to be charged against the party that filed the
30 document, $15.
31 (dd) Exceptions.
32 (1) The fee requirements of this Section shall not
33 apply to police departments or other law enforcement
34 agencies. In this Section, "law enforcement agency"
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1 means an agency of the State or a unit of local
2 government which is vested by law or ordinance with the
3 duty to maintain public order and to enforce criminal
4 laws or ordinances. "Law enforcement agency" also means
5 the Attorney General or any state's attorney.
6 (2) No fee provided herein shall be charged to any
7 unit of local government or school district.
8 (3) The fee requirements of this Section shall not
9 apply to any action instituted under subsection (b) of
10 Section 11-31-1 of the Illinois Municipal Code by a
11 private owner or tenant of real property within 1200 feet
12 of a dangerous or unsafe building seeking an order
13 compelling the owner or owners of the building to take
14 any of the actions authorized under that subsection.
15 (ee) Adoptions.
16 (1) For an adoption.............................$65
17 (2) Upon good cause shown, the court may waive the
18 adoption filing fee in a special needs adoption. The
19 term "special needs adoption" shall have the meaning
20 ascribed to it by the Illinois Department of Children and
21 Family Services.
22 (ff) Adoption exemptions.
23 No fee other than that set forth in subsection (ee)
24 shall be charged to any person in connection with an
25 adoption proceeding.
26 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
27 92-16, eff. 6-28-01.)
28 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
29 Sec. 27.2. The fees of the clerks of the circuit court
30 in all counties having a population in excess of 500,000
31 650,000 inhabitants but less than 3,000,000 inhabitants in
32 the instances described in this Section shall be as provided
33 in this Section. In those instances where a minimum and
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1 maximum fee is stated, counties with more than 500,000
2 inhabitants but less than 3,000,000 inhabitants must charge
3 the minimum fee listed in this Section and may charge up to
4 the maximum fee if the county board has by resolution
5 increased the fee. In addition, the minimum fees authorized
6 provided in this Section shall apply to all units of local
7 government and school districts in counties with more than
8 3,000,000 inhabitants. The fees shall be paid in advance and
9 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 a minimum of $150 and a maximum of
14 $190.
15 (A) When the amount of money or damages or the
16 value of personal property claimed does not exceed
17 $250, a minimum of $10 and a maximum of $15.
18 (B) When that amount exceeds $250 but does not
19 exceed $1,000 $500, a minimum of $20 and a maximum
20 of $40.
21 (C) When that amount exceeds $1,000 $500 but
22 does not exceed $2500, a minimum of $30 and a
23 maximum of $50.
24 (D) When that amount exceeds $2500 but does
25 not exceed $5,000 $15,000, a minimum of $75 and a
26 maximum of $100.
27 (D-5) When the amount exceeds $5,000 but does
28 not exceed $15,000, a minimum of $75 and a maximum
29 of $150.
30 (E) For the exercise of eminent domain, $150.
31 For each additional lot or tract of land or right or
32 interest therein subject to be condemned, the
33 damages in respect to which shall require separate
34 assessment by a jury, $150.
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1 (b) Forcible Entry and Detainer.
2 In each forcible entry and detainer case when the
3 plaintiff seeks possession only or unites with his or her
4 claim for possession of the property a claim for rent or
5 damages or both in the amount of $15,000 or less, a
6 minimum of $40 and a maximum of $75. When the plaintiff
7 unites his or her claim for possession with a claim for
8 rent or damages or both exceeding $15,000, a minimum of
9 $150 and a maximum of $225.
10 (c) Counterclaim or Joining Third Party Defendant.
11 When any defendant files a counterclaim as part of
12 his or her answer or otherwise or joins another party as
13 a third party defendant, or both, the defendant shall pay
14 a fee for each counterclaim or third party action in an
15 amount equal to the fee he or she would have had to pay
16 had he or she brought a separate action for the relief
17 sought in the counterclaim or against the third party
18 defendant, less the amount of the appearance fee, if that
19 has been paid.
20 (d) Confession of Judgment.
21 In a confession of judgment when the amount does not
22 exceed $1500, a minimum of $50 and a maximum of $60.
23 When the amount exceeds $1500, but does not exceed $5,000
24 $15,000, $75 $115. When the amount exceeds $5,000, but
25 does not exceed $15,000, $175. When the amount exceeds
26 $15,000, a minimum of $200 and a maximum of $250.
27 (e) Appearance.
28 The fee for filing an appearance in each civil case
29 shall be a minimum of $50 and a maximum of $75, except as
30 follows:
31 (A) When the plaintiff in a forcible entry and
32 detainer case seeks possession only, a minimum of;
33 $20 and a maximum of $40.
34 (B) When the amount in the case does not
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1 exceed $1500, a minimum of $20 and a maximum of $40.
2 (C) When the that amount in the case exceeds
3 $1500 but does not exceed $15,000, a minimum of $40
4 and a maximum of $60.
5 (f) Garnishment, Wage Deduction, and Citation.
6 In garnishment affidavit, wage deduction affidavit,
7 and citation petition when the amount does not exceed
8 $1,000, a minimum of $10 and a maximum of $15; when the
9 amount exceeds $1,000 but does not exceed $5,000, a
10 minimum of $20 and a maximum of $30; and when the amount
11 exceeds $5,000, a minimum of $30 and a maximum of $50.
12 (g) Petition to Vacate or Modify.
13 (1) Petition to vacate or modify any final judgment
14 or order of court, except in forcible entry and detainer
15 cases and small claims cases or a petition to reopen an
16 estate, to modify, terminate, or enforce a judgment or
17 order for child or spousal support, or to modify,
18 suspend, or terminate an order for withholding, if filed
19 before 30 days after the entry of the judgment or order,
20 a minimum of $40 and a maximum of $50.
21 (2) Petition to vacate or modify any final judgment
22 or order of court, except a petition to modify,
23 terminate, or enforce a judgment or order for child or
24 spousal support or to modify, suspend, or terminate an
25 order for withholding, if filed later than 30 days after
26 the entry of the judgment or order, a minimum of $60 and
27 a maximum of $75.
28 (3) Petition to vacate order of bond forfeiture, a
29 minimum of $20 and a maximum of $40.
30 (h) Mailing.
31 When the clerk is required to mail, the fee will be
32 a minimum of $6 and a maximum of $10, plus the cost of
33 postage.
34 (i) Certified Copies.
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1 Each certified copy of a judgment after the first,
2 except in small claims and forcible entry and detainer
3 cases, a minimum of $10 and a maximum of $15.
4 (j) Habeas Corpus.
5 For filing a petition for relief by habeas corpus, a
6 minimum of $80 and a maximum of $125.
7 (k) Certification, Authentication, and Reproduction.
8 (1) Each certification or authentication for taking
9 the acknowledgment of a deed or other instrument in
10 writing with the seal of office, a minimum of $4 and a
11 maximum of $6.
12 (2) Court appeals when original documents are
13 forwarded, under 100 pages, plus delivery and costs, a
14 minimum of $50 and a maximum of $75.
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery and costs, a
17 minimum of $120 and a maximum of $150.
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, an additional fee of a minimum
20 of 20 and a maximum of 25 cents per page.
21 (5) For reproduction of any document contained in
22 the clerk's files:
23 (A) First page, $2.
24 (B) Next 19 pages, 50 cents per page.
25 (C) All remaining pages, 25 cents per page.
26 (l) Remands.
27 In any cases remanded to the Circuit Court from the
28 Supreme Court or the Appellate Court for a new trial, the
29 clerk shall file the remanding order and reinstate the
30 case with either its original number or a new number. The
31 Clerk shall not charge any new or additional fee for the
32 reinstatement. Upon reinstatement the Clerk shall advise
33 the parties of the reinstatement. A party shall have the
34 same right to a jury trial on remand and reinstatement as
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1 he or she had before the appeal, and no additional or new
2 fee or charge shall be made for a jury trial after
3 remand.
4 (m) Record Search.
5 For each record search, within a division or
6 municipal district, the clerk shall be entitled to a
7 search fee of a minimum of $4 and a maximum of $6 for
8 each year searched.
9 (n) Hard Copy.
10 For each page of hard copy print output, when case
11 records are maintained on an automated medium, the clerk
12 shall be entitled to a fee of a minimum of $4 and a
13 maximum of $6.
14 (o) Index Inquiry and Other Records.
15 No fee shall be charged for a single
16 plaintiff/defendant index inquiry or single case record
17 inquiry when this request is made in person and the
18 records are maintained in a current automated medium, and
19 when no hard copy print output is requested. The fees to
20 be charged for management records, multiple case records,
21 and multiple journal records may be specified by the
22 Chief Judge pursuant to the guidelines for access and
23 dissemination of information approved by the Supreme
24 Court.
25 (p) Commitment Petitions.
26 For filing commitment petitions under the Mental
27 Health and Developmental Disabilities Code, a minimum of
28 $25 and a maximum of $50.
29 (q) Alias Summons.
30 For each alias summons or citation issued by the
31 clerk, a minimum of $4 and a maximum of $5.
32 (r) Other Fees.
33 Any fees not covered in this Section shall be set by
34 rule or administrative order of the Circuit Court with
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1 the approval of the Administrative Office of the Illinois
2 Courts.
3 The clerk of the circuit court may provide
4 additional services for which there is no fee specified
5 by statute in connection with the operation of the
6 clerk's office as may be requested by the public and
7 agreed to by the clerk and approved by the chief judge of
8 the circuit court. Any charges for additional services
9 shall be as agreed to between the clerk and the party
10 making the request and approved by the chief judge of the
11 circuit court. Nothing in this subsection shall be
12 construed to require any clerk to provide any service not
13 otherwise required by law.
14 (s) Jury Services.
15 The clerk shall be entitled to receive, in addition
16 to other fees allowed by law, the sum of a minimum of
17 $192.50 and a maximum of $212.50, as a fee for the
18 services of a jury in every civil action not
19 quasi-criminal in its nature and not a proceeding for the
20 exercise of the right of eminent domain and in every
21 other action wherein the right of trial by jury is or may
22 be given by law. The jury fee shall be paid by the party
23 demanding a jury at the time of filing the jury demand.
24 If the fee is not paid by either party, no jury shall be
25 called in the action or proceeding, and the same shall be
26 tried by the court without a jury.
27 (t) Voluntary Assignment.
28 For filing each deed of voluntary assignment, a
29 minimum of $10 and a maximum of $20; for recording the
30 same, a minimum of 25¢ and a maximum of 50¢ for each 100
31 words. Exceptions filed to claims presented to an
32 assignee of a debtor who has made a voluntary assignment
33 for the benefit of creditors shall be considered and
34 treated, for the purpose of taxing costs therein, as
-20- LRB9205211BDdvam03
1 actions in which the party or parties filing the
2 exceptions shall be considered as party or parties
3 plaintiff, and the claimant or claimants as party or
4 parties defendant, and those parties respectively shall
5 pay to the clerk the same fees as provided by this
6 Section to be paid in other actions.
7 (u) Expungement Petition.
8 The clerk shall be entitled to receive a fee of a
9 minimum of $30 and a maximum of $60 for each expungement
10 petition filed and an additional fee of a minimum of $2
11 and a maximum of $4 for each certified copy of an order
12 to expunge arrest records.
13 (v) Probate.
14 The clerk is entitled to receive the fees specified in
15 this subsection (v), which shall be paid in advance, except
16 that, for good cause shown, the court may suspend, reduce, or
17 release the costs payable under this subsection:
18 (1) For administration of the estate of a decedent
19 (whether testate or intestate) or of a missing person, a
20 minimum of $100 and a maximum of $150, plus the fees
21 specified in subsection (v)(3), except:
22 (A) When the value of the real and personal
23 property does not exceed $15,000, the fee shall be a
24 minimum of $25 and a maximum of $40.
25 (B) When (i) proof of heirship alone is made,
26 (ii) a domestic or foreign will is admitted to
27 probate without administration (including proof of
28 heirship), or (iii) letters of office are issued for
29 a particular purpose without administration of the
30 estate, the fee shall be a minimum of $25 and a
31 maximum of $40.
32 (2) For administration of the estate of a ward, a
33 minimum of $50 and a maximum of $75, plus the fees
34 specified in subsection (v)(3), except:
-21- LRB9205211BDdvam03
1 (A) When the value of the real and personal
2 property does not exceed $15,000, the fee shall be a
3 minimum of $25 a maximum of $40.
4 (B) When (i) letters of office are issued to a
5 guardian of the person or persons, but not of the
6 estate or (ii) letters of office are issued in the
7 estate of a ward without administration of the
8 estate, including filing or joining in the filing of
9 a tax return or releasing a mortgage or consenting
10 to the marriage of the ward, the fee shall be a
11 minimum of $10 a maximum of $20.
12 (3) In addition to the fees payable under
13 subsection (v)(1) or (v)(2) of this Section, the
14 following fees are payable:
15 (A) For each account (other than one final
16 account) filed in the estate of a decedent, or ward,
17 a minimum of $15 a maximum of $25.
18 (B) For filing a claim in an estate when the
19 amount claimed is $150 or more but less than $500, a
20 minimum of $10 and a maximum of $20; when the amount
21 claimed is $500 or more but less than $10,000, a
22 minimum of $25 and a maximum of $40; when the amount
23 claimed is $10,000 or more, a minimum of $40 and a
24 maximum of $60; provided that the court in allowing
25 a claim may add to the amount allowed the filing fee
26 paid by the claimant.
27 (C) For filing in an estate a claim, petition,
28 or supplemental proceeding based upon an action
29 seeking equitable relief including the construction
30 or contest of a will, enforcement of a contract to
31 make a will, and proceedings involving testamentary
32 trusts or the appointment of testamentary trustees,
33 a minimum of $40 and a maximum of $60.
34 (D) For filing in an estate (i) the appearance
-22- LRB9205211BDdvam03
1 of any person for the purpose of consent or (ii) the
2 appearance of an executor, administrator,
3 administrator to collect, guardian, guardian ad
4 litem, or special administrator, no fee.
5 (E) Except as provided in subsection
6 (v)(3)(D), for filing the appearance of any person
7 or persons, a minimum of $10 a maximum of $30.
8 (F) For each jury demand, a minimum of $102.50
9 and a maximum of $137.50.
10 (G) For disposition of the collection of a
11 judgment or settlement of an action or claim for
12 wrongful death of a decedent or of any cause of
13 action of a ward, when there is no other
14 administration of the estate, a minimum of $30 and a
15 maximum of $50, less any amount paid under
16 subsection (v)(1)(B) or (v)(2)(B) except that if the
17 amount involved does not exceed $5,000, the fee,
18 including any amount paid under subsection (v)(1)(B)
19 or (v)(2)(B), shall be a minimum of $10 and a
20 maximum of $20.
21 (H) For each certified copy of letters of
22 office, of court order or other certification, a
23 minimum of $1 and a maximum of $2, plus a minimum of
24 50¢ and a maximum of $1 per page in excess of 3
25 pages for the document certified.
26 (I) For each exemplification, a minimum of $1
27 and a maximum of $2, plus the fee for certification.
28 (4) The executor, administrator, guardian,
29 petitioner, or other interested person or his or her
30 attorney shall pay the cost of publication by the clerk
31 directly to the newspaper.
32 (5) The person on whose behalf a charge is incurred
33 for witness, court reporter, appraiser, or other
34 miscellaneous fee shall pay the same directly to the
-23- LRB9205211BDdvam03
1 person entitled thereto.
2 (6) The executor, administrator, guardian,
3 petitioner, or other interested person or his attorney
4 shall pay to the clerk all postage charges incurred by
5 the clerk in mailing petitions, orders, notices, or other
6 documents pursuant to the provisions of the Probate Act
7 of 1975.
8 (w) Criminal and Quasi-Criminal Costs and Fees.
9 (1) The clerk shall be entitled to costs in all
10 criminal and quasi-criminal cases from each person
11 convicted or sentenced to supervision therein as follows:
12 (A) Felony complaints, a minimum of $80 and a
13 maximum of $125.
14 (B) Misdemeanor complaints, a minimum of $50
15 and a maximum of $75.
16 (C) Business offense complaints, a minimum of
17 $50 and a maximum of $75.
18 (D) Petty offense complaints, a minimum of $50
19 and a maximum of $75.
20 (E) Minor traffic or ordinance violations,
21 $20.
22 (F) When court appearance required, $30.
23 (G) Motions to vacate or amend final orders, a
24 minimum of $20 and a maximum of $40.
25 (H) Motions to vacate bond forfeiture orders,
26 a minimum of $20 and a maximum of $30.
27 (I) Motions to vacate ex parte judgments,
28 whenever filed, a minimum of $20 and a maximum of
29 $30.
30 (J) Motions to vacate judgment on forfeitures,
31 whenever filed, a minimum of $20 a maximum of $25.
32 (K) Motions to vacate "failure to appear" or
33 "failure to comply" notices sent to the Secretary of
34 State, a minimum of $20 and a maximum of $40.
-24- LRB9205211BDdvam03
1 (2) In counties having a population of more than
2 500,000 650,000 but fewer than 3,000,000 inhabitants,
3 when the violation complaint is issued by a municipal
4 police department, the clerk shall be entitled to costs
5 from each person convicted therein as follows:
6 (A) Minor traffic or ordinance violations,
7 $10.
8 (B) When court appearance required, $15.
9 (3) In ordinance violation cases punishable by fine
10 only, the clerk of the circuit court shall be entitled to
11 receive, unless the fee is excused upon a finding by the
12 court that the defendant is indigent, in addition to
13 other fees or costs allowed or imposed by law, the sum of
14 a minimum of $50 and a maximum of $112.50 as a fee for
15 the services of a jury. The jury fee shall be paid by
16 the defendant at the time of filing his or her jury
17 demand. If the fee is not so paid by the defendant, no
18 jury shall be called, and the case shall be tried by the
19 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 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, a minimum of $25
31 and a maximum of $40.
32 (z) Tax objection complaints.
33 For each tax objection complaint containing one or
34 more tax objections, regardless of the number of parcels
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1 involved or the number of taxpayers joining in the
2 complaint, a minimum of $25 and a maximum of $50.
3 (aa) Tax Deeds.
4 (1) Petition for tax deed, if only one parcel is
5 involved, a minimum of $150 and a maximum of $250.
6 (2) For each additional parcel, add a fee of a
7 minimum of $50 and a maximum of $100.
8 (bb) Collections.
9 (1) For all collections made of others, except the
10 State and county and except in maintenance or child
11 support cases, a sum equal to a minimum of 2.5% and a
12 maximum of 3.0% of the amount collected and turned over.
13 (2) Interest earned on any funds held by the clerk
14 shall be turned over to the county general fund as an
15 earning of the office.
16 (3) For any check, draft, or other bank instrument
17 returned to the clerk for non-sufficient funds, account
18 closed, or payment stopped, $25.
19 (4) In child support and maintenance cases, the
20 clerk, if authorized by an ordinance of the county board,
21 may collect an annual fee of up to $36 from the person
22 making payment for maintaining child support records and
23 the processing of support orders to the State of Illinois
24 KIDS system and the recording of payments issued by the
25 State Disbursement Unit for the official record of the
26 Court. 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 maintain child support orders and record
32 all payments issued by the State Disbursement Unit for
33 the official record of the Court. The clerk may recover
34 from the person making the maintenance or child support
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1 payment any additional cost incurred in the collection of
2 this annual 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, a minimum of $15 and a maximum of $25.
14 (dd) Exceptions.
15 The fee requirements of this Section shall not apply
16 to police departments or other law enforcement agencies.
17 In this Section, "law enforcement agency" means an agency
18 of the State or a unit of local government which is
19 vested by law or ordinance with the duty to maintain
20 public order and to enforce criminal laws or ordinances.
21 "Law enforcement agency" also means the Attorney General
22 or any state's attorney. The fee requirements of this
23 Section shall not apply to any action instituted under
24 subsection (b) of Section 11-31-1 of the Illinois
25 Municipal Code by a private owner or tenant of real
26 property within 1200 feet of a dangerous or unsafe
27 building seeking an order compelling the owner or owners
28 of the building to take any of the actions authorized
29 under that subsection.
30 (ee) Adoptions.
31 (1) For an adoption.............................$65
32 (2) Upon good cause shown, the court may waive the
33 adoption filing fee in a special needs adoption. The
34 term "special needs adoption" shall have the meaning
-27- LRB9205211BDdvam03
1 ascribed to it by the Illinois Department of Children and
2 Family Services.
3 (ff) Adoption exemptions.
4 No fee other than that set forth in subsection (ee)
5 shall be charged to any person in connection with an
6 adoption proceeding.
7 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
8 92-16, eff. 6-28-01.)
9 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
10 Sec. 27.2a. The fees of the clerks of the circuit court
11 in all counties having a population of 3,000,000 or more
12 inhabitants in the instances described in this Section shall
13 be as provided in this Section. In those instances where a
14 minimum and maximum fee is stated, the clerk of the circuit
15 court must charge the minimum fee listed and may charge up to
16 the maximum fee if the county board has by resolution
17 increased the fee. The fees shall be paid in advance and
18 shall be as follows:
19 (a) Civil Cases.
20 The fee for filing a complaint, petition, or other
21 pleading initiating a civil action, with the following
22 exceptions, shall be a minimum of $190 and a maximum of
23 $240.
24 (A) When the amount of money or damages or the
25 value of personal property claimed does not exceed
26 $250, a minimum of $15 and a maximum of $22.
27 (B) When that amount exceeds $250 but does not
28 exceed $1000, a minimum of $40 and a maximum of $75.
29 (C) When that amount exceeds $1000 but does
30 not exceed $2500, a minimum of $50 and a maximum of
31 $80.
32 (D) When that amount exceeds $2500 but does
33 not exceed $5000, a minimum of $100 and a maximum of
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1 $130.
2 (E) When that amount exceeds $5000 but does
3 not exceed $15,000, $150.
4 (F) For the exercise of eminent domain, $150.
5 For each additional lot or tract of land or right or
6 interest therein subject to be condemned, the
7 damages in respect to which shall require separate
8 assessment by a jury, $150.
9 (G) For the final determination of parking,
10 standing, and compliance violations and final
11 administrative decisions issued after hearings
12 regarding vehicle immobilization and impoundment
13 made pursuant to Sections 3-704.1, 6-306.5, and
14 11-208.3 of the Illinois Vehicle Code, $25.
15 (b) Forcible Entry and Detainer.
16 In each forcible entry and detainer case when the
17 plaintiff seeks possession only or unites with his or her
18 claim for possession of the property a claim for rent or
19 damages or both in the amount of $15,000 or less, a
20 minimum of $75 and a maximum of $140. When the plaintiff
21 unites his or her claim for possession with a claim for
22 rent or damages or both exceeding $15,000, a minimum of
23 $225 and a maximum of $335.
24 (c) Counterclaim or Joining Third Party Defendant.
25 When any defendant files a counterclaim as part of
26 his or her answer or otherwise or joins another party as
27 a third party defendant, or both, the defendant shall pay
28 a fee for each counterclaim or third party action in an
29 amount equal to the fee he or she would have had to pay
30 had he or she brought a separate action for the relief
31 sought in the counterclaim or against the third party
32 defendant, less the amount of the appearance fee, if that
33 has been paid.
34 (d) Confession of Judgment.
-29- LRB9205211BDdvam03
1 In a confession of judgment when the amount does not
2 exceed $1500, a minimum of $60 and a maximum of $70.
3 When the amount exceeds $1500, but does not exceed $5000,
4 a minimum of $75 and a maximum of $150. When the amount
5 exceeds $5000, but does not exceed $15,000, a minimum of
6 $175 and a maximum of $260. When the amount exceeds
7 $15,000, a minimum of $250 and a maximum of $310.
8 (e) Appearance.
9 The fee for filing an appearance in each civil case
10 shall be a minimum of $75 and a maximum of $110, except
11 as follows:
12 (A) When the plaintiff in a forcible entry and
13 detainer case seeks possession only, a minimum of
14 $40 and a maximum of $80.
15 (B) When the amount in the case does not
16 exceed $1500, a minimum of $40 and a maximum of $80.
17 (C) When that amount exceeds $1500 but does
18 not exceed $15,000, a minimum of $60 and a maximum
19 of $90.
20 (f) Garnishment, Wage Deduction, and Citation.
21 In garnishment affidavit, wage deduction affidavit,
22 and citation petition when the amount does not exceed
23 $1,000, a minimum of $15 and a maximum of $25; when the
24 amount exceeds $1,000 but does not exceed $5,000, a
25 minimum of $30 and a maximum of $45; and when the amount
26 exceeds $5,000, a minimum of $50 and a maximum of $80.
27 (g) Petition to Vacate or Modify.
28 (1) Petition to vacate or modify any final judgment
29 or order of court, except in forcible entry and detainer
30 cases and small claims cases or a petition to reopen an
31 estate, to modify, terminate, or enforce a judgment or
32 order for child or spousal support, or to modify,
33 suspend, or terminate an order for withholding, if filed
34 before 30 days after the entry of the judgment or order,
-30- LRB9205211BDdvam03
1 a minimum of $50 and a maximum of $60.
2 (2) Petition to vacate or modify any final judgment
3 or order of court, except a petition to modify,
4 terminate, or enforce a judgment or order for child or
5 spousal support or to modify, suspend, or terminate an
6 order for withholding, if filed later than 30 days after
7 the entry of the judgment or order, a minimum of $75 and
8 a maximum of $90.
9 (3) Petition to vacate order of bond forfeiture, a
10 minimum of $40 and a maximum of $80.
11 (h) Mailing.
12 When the clerk is required to mail, the fee will be
13 a minimum of $10 and a maximum of $15, plus the cost of
14 postage.
15 (i) Certified Copies.
16 Each certified copy of a judgment after the first,
17 except in small claims and forcible entry and detainer
18 cases, a minimum of $15 and a maximum of $20.
19 (j) Habeas Corpus.
20 For filing a petition for relief by habeas corpus, a
21 minimum of $125 and a maximum of $190.
22 (k) Certification, Authentication, and Reproduction.
23 (1) Each certification or authentication for taking
24 the acknowledgment of a deed or other instrument in
25 writing with the seal of office, a minimum of $6 and a
26 maximum of $9.
27 (2) Court appeals when original documents are
28 forwarded, under 100 pages, plus delivery and costs, a
29 minimum of $75 and a maximum of $110.
30 (3) Court appeals when original documents are
31 forwarded, over 100 pages, plus delivery and costs, a
32 minimum of $150 and a maximum of $185.
33 (4) Court appeals when original documents are
34 forwarded, over 200 pages, an additional fee of a minimum
-31- LRB9205211BDdvam03
1 of 25 and a maximum of 30 cents per page.
2 (5) For reproduction of any document contained in
3 the clerk's files:
4 (A) First page, $2.
5 (B) Next 19 pages, 50 cents per page.
6 (C) All remaining pages, 25 cents per page.
7 (l) Remands.
8 In any cases remanded to the Circuit Court from the
9 Supreme Court or the Appellate Court for a new trial, the
10 clerk shall file the remanding order and reinstate the
11 case with either its original number or a new number.
12 The Clerk shall not charge any new or additional fee for
13 the reinstatement. Upon reinstatement the Clerk shall
14 advise the parties of the reinstatement. A party shall
15 have the same right to a jury trial on remand and
16 reinstatement as he or she had before the appeal, and no
17 additional or new fee or charge shall be made for a jury
18 trial after remand.
19 (m) Record Search.
20 For each record search, within a division or
21 municipal district, the clerk shall be entitled to a
22 search fee of a minimum of $6 and a maximum of $9 for
23 each year searched.
24 (n) Hard Copy.
25 For each page of hard copy print output, when case
26 records are maintained on an automated medium, the clerk
27 shall be entitled to a fee of a minimum of $6 and a
28 maximum of $9.
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
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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, a minimum of
9 $50 and a maximum of $100.
10 (q) Alias Summons.
11 For each alias summons or citation issued by the
12 clerk, a minimum of $5 and a maximum of $6.
13 (r) Other Fees.
14 Any fees not covered in this Section shall be set by
15 rule or administrative order of the Circuit Court with
16 the approval of the Administrative Office of the Illinois
17 Courts.
18 The clerk of the circuit court may provide
19 additional services for which there is no fee specified
20 by statute in connection with the operation of the
21 clerk's office as may be requested by the public and
22 agreed to by the clerk and approved by the chief judge of
23 the circuit court. Any charges for additional services
24 shall be as agreed to between the clerk and the party
25 making the request and approved by the chief judge of the
26 circuit court. Nothing in this subsection shall be
27 construed to require any clerk to provide any service not
28 otherwise required by law.
29 (s) Jury Services.
30 The clerk shall be entitled to receive, in addition
31 to other fees allowed by law, the sum of a minimum of
32 $212.50 and maximum of $230, as a fee for the services of
33 a jury in every civil action not quasi-criminal in its
34 nature and not a proceeding for the exercise of the right
-33- LRB9205211BDdvam03
1 of eminent domain and in every other action wherein the
2 right of trial by jury is or may be given by law. The
3 jury fee shall be paid by the party demanding a jury at
4 the time of filing the jury demand. If the fee is not
5 paid by either party, no jury shall be called in the
6 action or proceeding, and the same shall be tried by the
7 court without a jury.
8 (t) Voluntary Assignment.
9 For filing each deed of voluntary assignment, a
10 minimum of $20 and a maximum of $40; for recording the
11 same, a minimum of 50¢ and a maximum of $0.80 for each
12 100 words. Exceptions filed to claims presented to an
13 assignee of a debtor who has made a voluntary assignment
14 for the benefit of creditors shall be considered and
15 treated, for the purpose of taxing costs therein, as
16 actions in which the party or parties filing the
17 exceptions shall be considered as party or parties
18 plaintiff, and the claimant or claimants as party or
19 parties defendant, and those parties respectively shall
20 pay to the clerk the same fees as provided by this
21 Section to be paid in other actions.
22 (u) Expungement Petition.
23 The clerk shall be entitled to receive a fee of a
24 minimum of $60 and a maximum of $120 for each expungement
25 petition filed and an additional fee of a minimum of $4
26 and a maximum of $8 for each certified copy of an order
27 to expunge arrest records.
28 (v) Probate.
29 The clerk is entitled to receive the fees specified in
30 this subsection (v), which shall be paid in advance, except
31 that, for good cause shown, the court may suspend, reduce, or
32 release the costs payable under this subsection:
33 (1) For administration of the estate of a decedent
34 (whether testate or intestate) or of a missing person, a
-34- LRB9205211BDdvam03
1 minimum of $150 and a maximum of $225, plus the fees
2 specified in subsection (v)(3), except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be a
5 minimum of $40 and a maximum of $65.
6 (B) When (i) proof of heirship alone is made,
7 (ii) a domestic or foreign will is admitted to
8 probate without administration (including proof of
9 heirship), or (iii) letters of office are issued for
10 a particular purpose without administration of the
11 estate, the fee shall be a minimum of $40 and a
12 maximum of $65.
13 (2) For administration of the estate of a ward, a
14 minimum of $75 and a maximum of $110, plus the fees
15 specified in subsection (v)(3), except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be a
18 minimum of $40 and a maximum of $65.
19 (B) When (i) letters of office are issued to a
20 guardian of the person or persons, but not of the
21 estate or (ii) letters of office are issued in the
22 estate of a ward without administration of the
23 estate, including filing or joining in the filing of
24 a tax return or releasing a mortgage or consenting
25 to the marriage of the ward, the fee shall be a
26 minimum of $20 and a maximum of $40.
27 (3) In addition to the fees payable under
28 subsection (v)(1) or (v)(2) of this Section, the
29 following fees are payable:
30 (A) For each account (other than one final
31 account) filed in the estate of a decedent, or ward,
32 a minimum of $25 and a maximum of $40.
33 (B) For filing a claim in an estate when the
34 amount claimed is $150 or more but less than $500, a
-35- LRB9205211BDdvam03
1 minimum of $20 and a maximum of $40; when the amount
2 claimed is $500 or more but less than $10,000, a
3 minimum of $40 and a maximum of $65; when the amount
4 claimed is $10,000 or more, a minimum of $60 and a
5 maximum of $90; provided that the court in allowing
6 a claim may add to the amount allowed the filing fee
7 paid by the claimant.
8 (C) For filing in an estate a claim, petition,
9 or supplemental proceeding based upon an action
10 seeking equitable relief including the construction
11 or contest of a will, enforcement of a contract to
12 make a will, and proceedings involving testamentary
13 trusts or the appointment of testamentary trustees,
14 a minimum of $60 and a maximum of $90.
15 (D) For filing in an estate (i) the appearance
16 of any person for the purpose of consent or (ii) the
17 appearance of an executor, administrator,
18 administrator to collect, guardian, guardian ad
19 litem, or special administrator, no fee.
20 (E) Except as provided in subsection
21 (v)(3)(D), for filing the appearance of any person
22 or persons, a minimum of $30 and a maximum of $90.
23 (F) For each jury demand, a minimum of $137.50
24 and a maximum of $180.
25 (G) For disposition of the collection of a
26 judgment or settlement of an action or claim for
27 wrongful death of a decedent or of any cause of
28 action of a ward, when there is no other
29 administration of the estate, a minimum of $50 and a
30 maximum of $80, less any amount paid under
31 subsection (v)(1)(B) or (v)(2)(B) except that if the
32 amount involved does not exceed $5,000, the fee,
33 including any amount paid under subsection (v)(1)(B)
34 or (v)(2)(B), shall be a minimum of $20 and a
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1 maximum of $40.
2 (H) For each certified copy of letters of
3 office, of court order or other certification, a
4 minimum of $2 and a maximum of $4, plus $1 per page
5 in excess of 3 pages for the document certified.
6 (I) For each exemplification, $2, plus the fee
7 for certification.
8 (4) The executor, administrator, guardian,
9 petitioner, or other interested person or his or her
10 attorney shall pay the cost of publication by the clerk
11 directly to the newspaper.
12 (5) The person on whose behalf a charge is incurred
13 for witness, court reporter, appraiser, or other
14 miscellaneous fee shall pay the same directly to the
15 person entitled thereto.
16 (6) The executor, administrator, guardian,
17 petitioner, or other interested person or his or her
18 attorney shall pay to the clerk all postage charges
19 incurred by the clerk in mailing petitions, orders,
20 notices, or other documents pursuant to the provisions of
21 the Probate Act of 1975.
22 (w) Criminal and Quasi-Criminal Costs and Fees.
23 (1) The clerk shall be entitled to costs in all
24 criminal and quasi-criminal cases from each person
25 convicted or sentenced to supervision therein as follows:
26 (A) Felony complaints, a minimum of $125 and a
27 maximum of $190.
28 (B) Misdemeanor complaints, a minimum of $75
29 and a maximum of $110.
30 (C) Business offense complaints, a minimum of
31 $75 and a maximum of $110.
32 (D) Petty offense complaints, a minimum of $75
33 and a maximum of $110.
34 (E) Minor traffic or ordinance violations,
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1 $30.
2 (F) When court appearance required, $50.
3 (G) Motions to vacate or amend final orders, a
4 minimum of $40 and a maximum of $80.
5 (H) Motions to vacate bond forfeiture orders,
6 a minimum of $30 and a maximum of $45.
7 (I) Motions to vacate ex parte judgments,
8 whenever filed, a minimum of $30 and a maximum of
9 $45.
10 (J) Motions to vacate judgment on forfeitures,
11 whenever filed, a minimum of $25 and a maximum of
12 $30.
13 (K) Motions to vacate "failure to appear" or
14 "failure to comply" notices sent to the Secretary of
15 State, a minimum of $40 and a maximum of $50.
16 (2) In counties having a population of 3,000,000 or
17 more, when the violation complaint is issued by a
18 municipal police department, the clerk shall be entitled
19 to costs from each person convicted therein as follows:
20 (A) Minor traffic or ordinance violations,
21 $30.
22 (B) When court appearance required, $50.
23 (3) In ordinance violation cases punishable by fine
24 only, the clerk of the circuit court shall be entitled to
25 receive, unless the fee is excused upon a finding by the
26 court that the defendant is indigent, in addition to
27 other fees or costs allowed or imposed by law, the sum of
28 a minimum of $112.50 and a maximum of $250 as a fee for
29 the services of a jury. The jury fee shall be paid by
30 the defendant at the time of filing his or her jury
31 demand. If the fee is not so paid by the defendant, no
32 jury shall be called, and the case shall be tried by the
33 court without a jury.
34 (x) Transcripts of Judgment.
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1 For the filing of a transcript of judgment, the
2 clerk shall be entitled to the same fee as if it were the
3 commencement of a new suit.
4 (y) Change of Venue.
5 (1) For the filing of a change of case on a change
6 of venue, the clerk shall be entitled to the same fee as
7 if it were the commencement of a new suit.
8 (2) The fee for the preparation and certification
9 of a record on a change of venue to another jurisdiction,
10 when original documents are forwarded, a minimum of $40
11 and a maximum of $65.
12 (z) Tax objection complaints.
13 For each tax objection complaint containing one or
14 more tax objections, regardless of the number of parcels
15 involved or the number of taxpayers joining in the
16 complaint, a minimum of $50 and a maximum of $100.
17 (aa) Tax Deeds.
18 (1) Petition for tax deed, if only one parcel is
19 involved, a minimum of $250 and a maximum of $400.
20 (2) For each additional parcel, add a fee of a
21 minimum of $100 and a maximum of $200.
22 (bb) Collections.
23 (1) For all collections made of others, except the
24 State and county and except in maintenance or child
25 support cases, a sum equal to 3.0% of the amount
26 collected and turned over.
27 (2) Interest earned on any funds held by the clerk
28 shall be turned over to the county general fund as an
29 earning of the office.
30 (3) For any check, draft, or other bank instrument
31 returned to the clerk for non-sufficient funds, account
32 closed, or payment stopped, $25.
33 (4) In child support and maintenance cases, the
34 clerk, if authorized by an ordinance of the county board,
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1 may collect an annual fee of up to $36 from the person
2 making payment for maintaining child support records and
3 the processing of support orders to the State of Illinois
4 KIDS system and the recording of payments issued by the
5 State Disbursement Unit for the official record of the
6 Court. This fee shall be in addition to and separate
7 from amounts ordered to be paid as maintenance or child
8 support and shall be deposited into a Separate
9 Maintenance and Child Support Collection Fund, of which
10 the clerk shall be the custodian, ex-officio, to be used
11 by the clerk to maintain child support orders and record
12 all payments issued by the State Disbursement Unit for
13 the official record of the Court. The clerk may recover
14 from the person making the maintenance or child support
15 payment any additional cost incurred in the collection of
16 this annual fee.
17 The clerk shall also be entitled to a fee of $5 for
18 certifications made to the Secretary of State as provided
19 in Section 7-703 of the Family Financial Responsibility
20 Law and these fees shall also be deposited into the
21 Separate Maintenance and Child Support Collection Fund.
22 (cc) Corrections of Numbers.
23 For correction of the case number, case title, or
24 attorney computer identification number, if required by
25 rule of court, on any document filed in the clerk's
26 office, to be charged against the party that filed the
27 document, a minimum of $25 and a maximum of $40.
28 (dd) Exceptions.
29 (1) The fee requirements of this Section shall not
30 apply to police departments or other law enforcement
31 agencies. In this Section, "law enforcement agency"
32 means an agency of the State or a unit of local
33 government which is vested by law or ordinance with the
34 duty to maintain public order and to enforce criminal
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1 laws or ordinances. "Law enforcement agency" also means
2 the Attorney General or any state's attorney.
3 (2) No fee provided herein shall be charged to any
4 unit of local government or school district. The fee
5 requirements of this Section shall not apply to any
6 action instituted under subsection (b) of Section 11-31-1
7 of the Illinois Municipal Code by a private owner or
8 tenant of real property within 1200 feet of a dangerous
9 or unsafe building seeking an order compelling the owner
10 or owners of the building to take any of the actions
11 authorized under that subsection.
12 (ee) Adoption.
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (ff) Adoption exemptions.
20 No fee other than that set forth in subsection (ee)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
24 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
25 6-13-00.)".