Public Act 093-0039
Public Act 93-0039 of the 93rd General Assembly
Public Act 93-0039
HB0269 Enrolled LRB093 04365 RLC 04415 b
AN ACT concerning fees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clerks of Courts Act is amended by
changing Section 27.1a as follows:
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court
in all counties having a population of in excess of 180,000
but not more than 500,000 inhabitants in the instances
described in this Section shall be as provided in this
Section. In those instances where a minimum and maximum fee
is stated, the clerk of the circuit court must charge the
minimum fee listed and may charge up to the maximum fee if
the county board has by resolution increased the fee. The
fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be a minimum of $40 and a maximum of
$160 $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, a minimum of $10 and a maximum of $20.
(C) When that amount exceeds $500 but does not
exceed $2500, a minimum of $25 and a maximum of $40
$30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, a minimum of $25 and a maximum
of $75.
(E) For the exercise of eminent domain, a
minimum of $45 and a maximum of $150. For each
additional lot or tract of land or right or interest
therein subject to be condemned, the damages in
respect to which shall require separate assessment
by a jury, a minimum of $45 and a maximum of $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, a
minimum of $10 and a maximum of $50 $40. When the
plaintiff unites his or her claim for possession with a
claim for rent or damages or both exceeding $15,000, a
minimum of $40 and a maximum of $160 $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $20 and a maximum of $50. When
the amount exceeds $1500, but does not exceed $15,000, a
minimum of $40 and a maximum of $115. When the amount
exceeds $15,000, a minimum of $40 and a maximum of $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $15 and a maximum of $60 $50,
except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of
$10 and a maximum of $50 $20.
(B) When the amount in the case does not
exceed $1500, a minimum of $10 and a maximum of $30
$20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, a minimum of $15 and a maximum
of $60 $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, a minimum of $5 and a maximum of $15 $10; when
the amount exceeds $1,000 but does not exceed $5,000, a
minimum of $5 and a maximum of $30 $20; and when the
amount exceeds $5,000, a minimum of $5 and a maximum of
$50 $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
a minimum of $20 and a maximum of $50 $40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, a minimum of $20 and
a maximum of $75 $60.
(3) Petition to vacate order of bond forfeiture, a
minimum of $10 and a maximum of $40 $20.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $2 and a maximum of $10 $6, plus the cost of
postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, a minimum of $2 and a maximum of $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $60 and a maximum of $100 $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, a minimum of $2 and a
maximum of $6 $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a
minimum of $20 and a maximum of $60 $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a
minimum of $50 and a maximum of $150 $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum
of 20 cents and a maximum of 25 20 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, a minimum of $1 and a maximum
of $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of a minimum of $4 and a maximum of $6 $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of a minimum of $4 and a
maximum of $6 $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing
a transcript of commitment proceedings held in another
county, a minimum of $25 and a maximum of $50 $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $2 and a maximum of $5 $2.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of
$62.50 and a maximum of $212.50 $192.50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $10 and a maximum of $20 $10; for recording
the same, a minimum of 25 cents and a maximum of 50 cents
25¢ for each 100 words. Exceptions filed to claims
presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall
be considered and treated, for the purpose of taxing
costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or
parties plaintiff, and the claimant or claimants as party
or parties defendant, and those parties respectively
shall pay to the clerk the same fees as provided by this
Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $15 and a maximum of $60 $30 for each
expungement petition filed and an additional fee of a
minimum of $2 and a maximum of $4 $2 for each certified
copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance,
except that, for good cause shown, the court may suspend,
reduce, or release the costs payable under this
subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
minimum of $50 and a maximum of $150 $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40 $25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be a minimum of $10 and a
maximum of $40 $25.
(C) For filing a petition to sell Real Estate,
$50.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75 $50, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a
minimum of $25 and a maximum of $40 $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be a
minimum of $10 and a maximum of $20 $10.
(C) For filing a Petition to sell Real Estate,
$50.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
a minimum of $10 and a maximum of $25 $15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a
minimum of $10 and a maximum of $25 $10; when the
amount claimed is $500 or more but less than
$10,000, a minimum of $10 and a maximum of $40 $25;
when the amount claimed is $10,000 or more, a
minimum of $10 and a maximum of $60 $40; provided
that the court in allowing a claim may add to the
amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
a minimum of $40 and a maximum of $60 $40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, a minimum of $10 and a maximum of $30
$10.
(F) For each jury demand, a minimum of $62.50
and a maximum of $137.50 $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, a minimum of $30 and a
maximum of $50 $30, less any amount paid under
subsection (v)(1)(B) or (v)(2)(B) except that if the
amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B)
or (v)(2)(B), shall be a minimum of $10 and a
maximum of $20 $10.
(H) For each certified copy of letters of
office, of court order or other certification, a
minimum of $1 and a maximum of $2 $1, plus a minimum
of 50 cents and a maximum of $1 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, a minimum of $1
and a maximum of $2 $1, plus the fee for
certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $40 and a
maximum of $100 $80.
(B) Misdemeanor complaints, a minimum of $25
and a maximum of $75 $50.
(C) Business offense complaints, a minimum of
$25 and a maximum of $75 $50.
(D) Petty offense complaints, a minimum of $25
and a maximum of $75 $50.
(E) Minor traffic or ordinance violations, $10
$20.
(F) When court appearance required, $15 $30.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40 $20.
(H) Motions to vacate bond forfeiture orders,
a minimum of $20 and a maximum of $40 $20.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $20 and a maximum of
$40 $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of
$40 $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, a minimum of $20 and a maximum of $40 $20.
(2) In counties having a population in excess of
180,000 but not more than 500,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
a minimum of $62.50 and a maximum of $137.50 $62.50 as a
fee for the services of a jury. The jury fee shall be
paid by the defendant at the time of filing his or her
jury demand. If the fee is not so paid by the defendant,
no jury shall be called, and the case shall be tried by
the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, a minimum of $10
and a maximum of $40 $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, a minimum of $10 and a maximum of $50 $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $45 and a maximum of $200 $150.
(2) For each additional parcel, add a fee of a
minimum of $10 and a maximum of $60 $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to a minimum of 2% and a
maximum of 2.5% a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee shall be in addition to and separate
from amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to maintain child support orders and record
all payments issued by the State Disbursement Unit for
the official record of the Court. The clerk may recover
from the person making the maintenance or child support
payment any additional cost incurred in the collection
of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, a minimum of $10 and a maximum of $25 $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet
of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
(705 ILCS 105/27.1 rep.)
Section 10. The Clerks of Courts Act is amended by
repealing Section 27.1.
Section 99. Effective date. This Act takes effect July
1, 2003.
Effective Date: 07/01/03
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