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91_HB1925eng
HB1925 Engrossed LRB9104191DJcd
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c.
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 8, 27.1, 27.1a, 27.2, 27.2a, and 27.3c as
7 follows:
8 (705 ILCS 105/8) (from Ch. 25, par. 8)
9 Sec. 8. The clerks shall, in all cases, attend in person
10 to the duties of their offices, respectively, when it is
11 practicable so to do, and shall perform all the duties
12 thereof which can reasonably be performed by one person. In
13 the performance of the duties of the office of clerk of the
14 circuit court, any such clerk, after filing with the
15 Secretary of State his or her manual signature certified by
16 him or her under oath, may execute or cause to be executed
17 with a facsimile signature, in lieu of his or her original
18 signature, all forms of process and notices issued by his or
19 her office.
20 "Facsimile signature" means a reproduction by engraving,
21 imprinting, stamping, electronic or digital execution, or
22 other means of the manual signature of an authorized officer.
23 When the seal of the clerk of the circuit court is
24 required in the execution of any process or notice issued by
25 the clerk's office, the clerk may cause the seal to be
26 printed, engraved, stamped, or electronically or digitally
27 imprinted, or otherwise placed in facsimile thereon. The
28 facsimile seal has the same effect as the impression of the
29 seal.
30 (Source: P.A. 83-346.)
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1 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
2 Sec. 27.1. The fees of the Clerk of the Circuit Court in
3 all counties having a population of 180,000 inhabitants or
4 less shall be paid in advance, except as otherwise provided,
5 and shall be as follows:
6 (a) Civil Cases
7 (1) All civil cases except as otherwise
8 provided........................................... $40
9 (2) Judicial Sales (except Probate).......... $40
10 (b) Family
11 (1) Commitment petitions under the Mental
12 Health and Developmental Disabilities Code, filing
13 transcript of commitment proceedings held in
14 another county, and cases under the Juvenile Court
15 Act of 1987........................................ $25
16 (2) Petition for Marriage Licenses........... $10
17 (3) Marriages in Court....................... $10
18 (4) Paternity................................ $40
19 (c) Criminal and Quasi-Criminal
20 (1) Each person convicted of a felony........ $40
21 (2) Each person convicted of a misdemeanor,
22 leaving scene of an accident, driving while
23 intoxicated, reckless driving or drag racing,
24 driving when license revoked or suspended,
25 overweight, or no interstate commerce certificate,
26 or when the disposition is court supervision....... $25
27 (3) Each person convicted of a business
28 offense............................................ $25
29 (4) Each person convicted of a petty offense. $25
30 (5) Minor traffic, conservation, or
31 ordinance violation, including
32 without limitation when the disposition is
33 court supervision:
34 (i) For each offense.................... $10
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1 (ii) For each notice sent to the
2 defendant's last known address pursuant to
3 subsection (c) of Section 6-306.4 of the Illinois
4 Vehicle Code....................................... $2
5 (iii) For each notice sent to the
6 Secretary of State pursuant to subsection (c) of
7 Section 6-306.4 of the Illinois Vehicle Code....... $2
8 (6) When Court Appearance required........... $15
9 (7) Motions to vacate or amend final orders.. $10
10 (8) In ordinance violation cases punishable
11 by fine only, the clerk of the circuit court shall
12 be entitled to receive, unless the fee is excused
13 upon a finding by the court that the defendant is
14 indigent, in addition to other fees or costs
15 allowed or imposed by law, the sum of $50 as a fee
16 for the services of a jury. The jury fee shall be
17 paid by the defendant at the time of filing his or
18 her jury demand. If the fee is not so paid by the
19 defendant, no jury shall be called, and the case
20 shall be tried by the court without a jury.
21 (d) Other Civil Cases
22 (1) Money or personal property claimed does
23 not exceed $500.................................... $10
24 (2) Exceeds $500 but not more than $10,000... $25
25 (3) Exceeds $10,000, when relief in addition
26 to or supplemental to recovery of money alone is
27 sought in an action to recover personal property
28 taxes or retailers occupational tax regardless of
29 amount claimed..................................... $45
30 (4) The Clerk of the Circuit Court shall be
31 entitled to receive, in addition to other fees
32 allowed by law, the sum of $50, as a fee for the
33 services of a jury in every civil action not
34 quasi-criminal in its nature and not a proceeding
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1 for the exercise of the right of eminent domain,
2 and in every equitable action wherein the right of
3 trial by jury is or may be given by law. The jury
4 fee shall be paid by the party demanding a jury at
5 the time of filing his jury demand. If such a fee
6 is not paid by either party, no jury shall be
7 called in the action, suit, or proceeding, and the
8 same shall be tried by the court without a jury.
9 (e) Confession of judgment and answer
10 (1) When the amount does not exceed $1,000... $20
11 (2) Exceeds $1,000........................... $40
12 (f) Auxiliary Proceedings
13 Any auxiliary proceeding relating to the
14 collection of a money judgment, including
15 garnishment, citation, or wage deduction action.... $5
16 (g) Forcible entry and detainer
17 (1) For possession only or possession and
18 rent not in excess of $10,000...................... $10
19 (2) For possession and rent in excess of
20 $10,000............................................ $40
21 (h) Eminent Domain
22 (1) Exercise of Eminent Domain............... $45
23 (2) For each and every lot or tract of land
24 or right or interest therein subject to be
25 condemned, the damages in respect to which shall
26 require separate assessments by a jury............. $45
27 (i) Reinstatement
28 Each case including petition for modification
29 of a judgment or order of Court if filed later than
30 30 days after the entry of a judgment or order,
31 except in forcible entry and detainer cases and
32 small claims and except a petition to modify,
33 terminate, or enforce a judgement or order for
34 child or spousal support or to modify, suspend, or
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1 terminate an order for withholding, petition to
2 vacate judgment of dismissal for want of
3 prosecution whenever filed, petition to reopen an
4 estate, or redocketing of any cause................ $20
5 (j) Probate
6 (1) Administration of decedent's estates,
7 whether testate or intestate, guardianships of the
8 person or estate or both of a person under legal
9 disability, guardianships of the person or estate
10 or both of a minor or minors, or petitions to sell
11 real estate in the administration of any estate.... $50
12 (2) Small estates in cases where the real and
13 personal property of an estate does not exceed
14 $5,000............................................. $25
15 (3) At any time during the administration of
16 the estate, however, at the request of the Clerk,
17 the Court shall examine the record of the estate
18 and the personal representative to determine the
19 total value of the real and personal property of
20 the estate, and if such value exceeds $5,000 shall
21 order the payment of an additional fee in the
22 amount of.......................................... $40
23 (4) Inheritance tax proceedings.............. $15
24 (5) Issuing letters only for a certain
25 specific reason other than the administration of an
26 estate, including but not limited to the release of
27 mortgage; the issue of letters of guardianship in
28 order that consent to marriage may be granted or
29 for some other specific reason other than for the
30 care of property or person; proof of heirship
31 without administration; or when a will is to be
32 admitted to probate, but the estate is to be
33 settled without administration..................... $10
34 (6) When a separate complaint relating to any
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1 matter other than a routine claim is filed in an
2 estate, the required additional fee shall be
3 charged for such filing............................ $45
4 (k) Change of Venue
5 From a court, the charge is the same amount as
6 the original filing fee; however, the fee for
7 preparation and certification of record on change
8 of venue, when original documents or copies are
9 forwarded.......................................... $10
10 (l) Answer, adverse pleading, or appearance
11 in civil cases.................. $15
12 With the following exceptions:
13 (1) When the amount does not exceed $500..... $5
14 (2) When amount exceeds $500 but not $10,000. $10
15 (3) When amount exceeds $10,000.............. $15
16 (4) Court appeals when documents are
17 forwarded, over 200 pages, additional fee per page
18 over 200........................................... 10¢
19 (m) Tax objection complaints
20 For each tax objection complaint containing
21 one or more tax objections, regardless of the
22 number of parcels involved or the number of
23 taxpayers joining the complaint.................... $10
24 (n) Tax deed
25 (1) Petition for tax deed, if only one parcel
26 is involved........................................ $45
27 (2) For each additional parcel involved, an
28 additional fee of.................................. $10
29 (o) Mailing Notices and Processes
30 (1) All notices that the clerk is required to
31 mail as first class mail........................... $2
32 (2) For all processes or notices the Clerk is
33 required to mail by certified or registered mail,
34 the fee will be $2 plus cost of postage.
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1 (p) Certification or Authentication
2 (1) Each certification or authentication for
3 taking the acknowledgement of a deed or other
4 instrument in writing with seal of office.......... $2
5 (2) Court appeals when original documents are
6 forwarded, 100 pages or under, plus delivery costs. $25
7 (3) Court appeals when original documents are
8 forwarded, over 100 pages, plus delivery costs..... $60
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, additional fee per page
11 over 200........................................... 10¢
12 (q) Reproductions
13 Each record of proceedings and judgment,
14 whether on appeal, change of venue, certified
15 copies of orders and judgments, and all other
16 instruments, documents, records, or papers:
17 (1) First page.......................... $1
18 (2) Next 19 pages, per page............. 50¢
19 (3) All remaining pages, per page....... 25¢
20 (r) Counterclaim
21 When any defendant files a counterclaim as
22 part of his or her answer or otherwise, or joins
23 another party as a third party defendant, or both,
24 he or she shall pay a fee for each such
25 counterclaim or third party action in an amount
26 equal to the fee he or she would have had to pay
27 had he or she brought a separate action for the
28 relief sought in the counterclaim or against the
29 third party defendant, less the amount of the
30 appearance fee, if that has been paid.
31 (s) Transcript of Judgment
32 From a court, the same fee as if case
33 originally filed.
34 (t) Publications
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1 The cost of publication shall be paid directly
2 to the publisher by the person seeking the
3 publication, whether the clerk is required by law
4 to publish, or the parties to the action.
5 (u) Collections
6 (1) For all collections made for others,
7 except the State and County and except in
8 maintenance or child support cases, a sum equal to
9 2% of the amount collected and turned over.
10 (2) In any cases remanded to the Circuit
11 Court from the Supreme Court or the Appellate
12 Court, the Clerk shall file the remanding order and
13 reinstate the case with either its original number
14 or a new number. The Clerk shall not charge any
15 new or additional fee for the reinstatement. Upon
16 reinstatement the Clerk shall advise the parties of
17 the reinstatement. A party shall have the same
18 right to a jury trial on remand and reinstatement
19 as he or she had before the appeal, and no
20 additional or new fee or charge shall be made for a
21 jury trial after remand.
22 (3) In maintenance and child support matters,
23 the Clerk may deduct from each payment an amount
24 equal to the United States postage to be used in
25 mailing the maintenance or child support check to
26 the recipient. In such cases, the Clerk shall
27 collect an annual fee of up to $36 from the person
28 making such payment for administering the
29 collection and distribution of maintenance and
30 child support payments. Such sum shall be in
31 addition to and separate from amounts ordered to be
32 paid as maintenance or child support and shall be
33 deposited in a separate Maintenance and Child
34 Support Collection Fund of which the Clerk shall be
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1 the custodian, ex officio, to be used by the Clerk
2 to further maintenance and child support collection
3 efforts in his office. Unless paid in cash or
4 pursuant to an order for withholding, the payment
5 of the fee shall be by a separate instrument from
6 the support payment and shall be made to the order
7 of the Clerk. The Clerk may recover from the person
8 making the maintenance or child support payment any
9 additional cost incurred in the collection of this
10 annual fee.
11 The Clerk shall also be entitled to a fee of
12 $5 for certifications made to the Secretary of
13 State as provided in Section 7-703 of the Family
14 Financial Responsibility Law and these fees shall
15 also be deposited into the Separate Maintenance and
16 Child Support Collection Fund.
17 (v) Correction of Cases
18 For correcting the case number or case title
19 on any document filed in his office, to be charged
20 against the party that filed the document.......... $10
21 (w) Record Search
22 For searching a record, per year searched..... $4
23 (x) Printed Output
24 For each page of hard copy print output, when
25 case records are maintained on an automated medium. $2
26 (y) Alias Summons
27 For each alias summons issued................. $2
28 (z) Expungement of Records
29 For each expungement petition filed........... $15
30 (aa) Other Fees
31 Any fees not covered by this Section shall be set by
32 rule or administrative order of the Circuit Court, with
33 the approval of the Supreme Court.
34 (bb) Exemptions
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1 No fee provided for herein shall be charged to any
2 unit of State or local government or school district
3 unless the Court orders another party to pay such fee on
4 its behalf. The fee requirements of this Section shall
5 not apply to police departments or other law enforcement
6 agencies. In this Section, "law enforcement agency"
7 means an agency of the State or a unit of local
8 government that is vested by law or ordinance with the
9 duty to maintain public order and to enforce criminal
10 laws and ordinances. The fee requirements of this Section
11 shall not apply to any action instituted under subsection
12 (b) of Section 11-31-1 of the Illinois Municipal Code by
13 a private owner or tenant of real property within 1200
14 feet of a dangerous or unsafe building seeking an order
15 compelling the owner or owners of the building to take
16 any of the actions authorized under that subsection.
17 (cc) Adoptions
18 (1) For an adoption.............................$65
19 (2) Upon good cause shown, the court may waive the
20 adoption filing fee in a special needs adoption. The
21 term "special needs adoption" shall have the meaning
22 ascribed to it by the Illinois Department of Children and
23 Family Services.
24 (3) For requesting a copy of a judgment for
25 adoption, relief from a final judgment or order,
26 appointment of a confidential intermediary, or requesting
27 non-identifying information...........................$40
28 (dd) Adoption exemptions
29 No fee other than that set forth in subsection (cc)
30 shall be charged to any person in connection with an
31 adoption proceeding.
32 (ee) Additional Services
33 Beginning July 1, 1993, the clerk of the circuit
34 court may provide such additional services for which
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1 there is no fee specified by statute in connection with
2 the operation of the clerk's office as may be requested
3 by the public and agreed to by the public and by the
4 clerk. Any charges for additional services shall be as
5 agreed to between the clerk and the party making the
6 request. Nothing in this subsection shall be as agreed to
7 between the clerk and the party making the request.
8 Nothing in this subsection shall be construed to require
9 any clerk to provide any service not otherwise required
10 by law.
11 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
12 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
13 12-31-98.)
14 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
15 Sec. 27.1a. The fees of the clerks of the circuit court
16 in all counties having a population in excess of 180,000 but
17 not more than 650,000 inhabitants in the instances described
18 in this Section shall be as provided in this Section. The
19 fees shall be paid in advance and shall be as follows:
20 (a) Civil Cases.
21 The fee for filing a complaint, petition, or other
22 pleading initiating a civil action, with the following
23 exceptions, shall be $150.
24 (A) When the amount of money or damages or the
25 value of personal property claimed does not exceed
26 $250, $10.
27 (B) When that amount exceeds $250 but does not
28 exceed $500, $20.
29 (C) When that amount exceeds $500 but does not
30 exceed $2500, $30.
31 (D) When that amount exceeds $2500 but does
32 not exceed $15,000, $75.
33 (E) For the exercise of eminent domain, $150.
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1 For each additional lot or tract of land or right or
2 interest therein subject to be condemned, the
3 damages in respect to which shall require separate
4 assessment by a jury, $150.
5 (a-1) Family.
6 For filing a petition under the Juvenile Court Act
7 of 1987, $25.
8 For filing a petition for a marriage license, $10.
9 For performing a marriage in court, $10.
10 For filing a petition under the Illinois Parentage
11 Act of 1984, $40.
12 (b) Forcible Entry and Detainer.
13 In each forcible entry and detainer case when the
14 plaintiff seeks possession only or unites with his or her
15 claim for possession of the property a claim for rent or
16 damages or both in the amount of $15,000 or less, $40.
17 When the plaintiff unites his or her claim for possession
18 with a claim for rent or damages or both exceeding
19 $15,000, $150.
20 (c) Counterclaim or Joining Third Party Defendant.
21 When any defendant files a counterclaim as part of
22 his or her answer or otherwise or joins another party as
23 a third party defendant, or both, the defendant shall pay
24 a fee for each counterclaim or third party action in an
25 amount equal to the fee he or she would have had to pay
26 had he or she brought a separate action for the relief
27 sought in the counterclaim or against the third party
28 defendant, less the amount of the appearance fee, if that
29 has been paid.
30 (d) Confession of Judgment.
31 In a confession of judgment when the amount does not
32 exceed $1500, $50. When the amount exceeds $1500, but
33 does not exceed $15,000, $115. When the amount exceeds
34 $15,000, $200.
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1 (e) Appearance.
2 The fee for filing an appearance in each civil case
3 shall be $50, except as follows:
4 (A) When the plaintiff in a forcible entry and
5 detainer case seeks possession only, $20.
6 (B) When the amount in the case does not
7 exceed $1500, $20.
8 (C) When that amount exceeds $1500 but does
9 not exceed $15,000, $40.
10 (f) Garnishment, Wage Deduction, and Citation.
11 In garnishment affidavit, wage deduction affidavit,
12 and citation petition when the amount does not exceed
13 $1,000, $10; when the amount exceeds $1,000 but does not
14 exceed $5,000, $20; and when the amount exceeds $5,000,
15 $30.
16 (g) Petition to Vacate or Modify.
17 (1) Petition to vacate or modify any final judgment
18 or order of court, except in forcible entry and detainer
19 cases and small claims cases or a petition to reopen an
20 estate, to modify, terminate, or enforce a judgment or
21 order for child or spousal support, or to modify,
22 suspend, or terminate an order for withholding, if filed
23 before 30 days after the entry of the judgment or order,
24 $40.
25 (2) Petition to vacate or modify any final judgment
26 or order of court, except a petition to modify,
27 terminate, or enforce a judgment or order for child or
28 spousal support or to modify, suspend, or terminate an
29 order for withholding, if filed later than 30 days after
30 the entry of the judgment or order, $60.
31 (3) Petition to vacate order of bond forfeiture,
32 $20.
33 (h) Mailing.
34 When the clerk is required to mail, the fee will be
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1 $6, plus the cost of postage.
2 (i) Certified Copies.
3 Each certified copy of a judgment after the first,
4 except in small claims and forcible entry and detainer
5 cases, $10.
6 (j) Habeas Corpus.
7 For filing a petition for relief by habeas corpus,
8 $80.
9 (k) Certification, Authentication, and Reproduction.
10 (1) Each certification or authentication for taking
11 the acknowledgment of a deed or other instrument in
12 writing with the seal of office, $4.
13 (2) Court appeals when original documents are
14 forwarded, under 100 pages, plus delivery and costs, $50.
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery and costs, $120.
17 (4) Court appeals when original documents are
18 forwarded, over 200 pages, an additional fee of 20 cents
19 per page.
20 (5) For reproduction of any document contained in
21 the clerk's files:
22 (A) First page, $2.
23 (B) Next 19 pages, 50 cents per page.
24 (C) All remaining pages, 25 cents per page.
25 (l) Remands.
26 In any cases remanded to the Circuit Court from the
27 Supreme Court or the Appellate Court for a new trial, the
28 clerk shall file the remanding order and reinstate the
29 case with either its original number or a new number. The
30 Clerk shall not charge any new or additional fee for the
31 reinstatement. Upon reinstatement the Clerk shall advise
32 the parties of the reinstatement. A party shall have the
33 same right to a jury trial on remand and reinstatement as
34 he or she had before the appeal, and no additional or new
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1 fee or charge shall be made for a jury trial after
2 remand.
3 (m) Record Search.
4 For each record search, within a division or
5 municipal district, the clerk shall be entitled to a
6 search fee of $4 for each year searched.
7 (n) Hard Copy.
8 For each page of hard copy print output, when case
9 records are maintained on an automated medium, the clerk
10 shall be entitled to a fee of $4.
11 (o) Index Inquiry and Other Records.
12 No fee shall be charged for a single
13 plaintiff/defendant index inquiry or single case record
14 inquiry when this request is made in person and the
15 records are maintained in a current automated medium, and
16 when no hard copy print output is requested. The fees to
17 be charged for management records, multiple case records,
18 and multiple journal records may be specified by the
19 Chief Judge pursuant to the guidelines for access and
20 dissemination of information approved by the Supreme
21 Court.
22 (p) Commitment Petitions.
23 For filing commitment petitions under the Mental
24 Health and Developmental Disabilities Code and for filing
25 a transcript of commitment proceedings held in another
26 county, $25.
27 (q) Alias Summons.
28 For each alias summons or citation issued by the
29 clerk, $4.
30 (r) Other Fees.
31 Any fees not covered in this Section shall be set by
32 rule or administrative order of the Circuit Court with
33 the approval of the Administrative Office of the Illinois
34 Courts.
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1 The clerk of the circuit court may provide
2 additional services for which there is no fee specified
3 by statute in connection with the operation of the
4 clerk's office as may be requested by the public and
5 agreed to by the clerk and approved by the chief judge of
6 the circuit court. Any charges for additional services
7 shall be as agreed to between the clerk and the party
8 making the request and approved by the chief judge of the
9 circuit court. Nothing in this subsection shall be
10 construed to require any clerk to provide any service not
11 otherwise required by law.
12 (s) Jury Services.
13 The clerk shall be entitled to receive, in addition
14 to other fees allowed by law, the sum of $180, as a fee
15 for the services of a jury in every civil action not
16 quasi-criminal in its nature and not a proceeding for the
17 exercise of the right of eminent domain and in every
18 other action wherein the right of trial by jury is or may
19 be given by law. The jury fee shall be paid by the party
20 demanding a jury at the time of filing the jury demand.
21 If the fee is not paid by either party, no jury shall be
22 called in the action or proceeding, and the same shall be
23 tried by the court without a jury.
24 (t) Voluntary Assignment.
25 For filing each deed of voluntary assignment, $10;
26 for recording the same, 25¢ for each 100 words.
27 Exceptions filed to claims presented to an assignee of a
28 debtor who has made a voluntary assignment for the
29 benefit of creditors shall be considered and treated, for
30 the purpose of taxing costs therein, as actions in which
31 the party or parties filing the exceptions shall be
32 considered as party or parties plaintiff, and the
33 claimant or claimants as party or parties defendant, and
34 those parties respectively shall pay to the clerk the
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1 same fees as provided by this Section to be paid in other
2 actions.
3 (u) Expungement Petition.
4 The clerk shall be entitled to receive a fee of $30
5 for each expungement petition filed and an additional fee
6 of $2 for each certified copy of an order to expunge
7 arrest records.
8 (v) Probate.
9 The clerk is entitled to receive the fees specified in
10 this subsection (v), which shall be paid in advance, except
11 that, for good cause shown, the court may suspend, reduce, or
12 release the costs payable under this subsection:
13 (1) For administration of the estate of a decedent
14 (whether testate or intestate) or of a missing person,
15 $100, plus the fees specified in subsection (v)(3),
16 except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be
19 $25.
20 (B) When (i) proof of heirship alone is made,
21 (ii) a domestic or foreign will is admitted to
22 probate without administration (including proof of
23 heirship), or (iii) letters of office are issued for
24 a particular purpose without administration of the
25 estate, the fee shall be $25.
26 (2) For administration of the estate of a ward,
27 $50, 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) letters of office are issued to a
33 guardian of the person or persons, but not of the
34 estate or (ii) letters of office are issued in the
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1 estate of a ward without administration of the
2 estate, including filing or joining in the filing of
3 a tax return or releasing a mortgage or consenting
4 to the marriage of the ward, the fee shall be $10.
5 (3) In addition to the fees payable under
6 subsection (v)(1) or (v)(2) of this Section, the
7 following fees are payable:
8 (A) For each account (other than one final
9 account) filed in the estate of a decedent, or ward,
10 $15.
11 (B) For filing a claim in an estate when the
12 amount claimed is $150 or more but less than $500,
13 $10; when the amount claimed is $500 or more but
14 less than $10,000, $25; when the amount claimed is
15 $10,000 or more, $40; provided that the court in
16 allowing a claim may add to the amount allowed the
17 filing fee paid by the claimant.
18 (C) For filing in an estate a claim, petition,
19 or supplemental proceeding based upon an action
20 seeking equitable relief including the construction
21 or contest of a will, enforcement of a contract to
22 make a will, and proceedings involving testamentary
23 trusts or the appointment of testamentary trustees,
24 $40.
25 (D) For filing in an estate (i) the appearance
26 of any person for the purpose of consent or (ii) the
27 appearance of an executor, administrator,
28 administrator to collect, guardian, guardian ad
29 litem, or special administrator, no fee.
30 (E) Except as provided in subsection
31 (v)(3)(D), for filing the appearance of any person
32 or persons, $10.
33 (F) For each jury demand, $90.
34 (G) For disposition of the collection of a
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1 judgment or settlement of an action or claim for
2 wrongful death of a decedent or of any cause of
3 action of a ward, when there is no other
4 administration of the estate, $30, less any amount
5 paid under subsection (v)(1)(B) or (v)(2)(B) except
6 that if the amount involved does not exceed $5,000,
7 the fee, including any amount paid under subsection
8 (v)(1)(B) or (v)(2)(B), shall be $10.
9 (H) For each certified copy of letters of
10 office, of court order or other certification, $1,
11 plus 50¢ per page in excess of 3 pages for the
12 document certified.
13 (I) For each exemplification, $1, plus the fee
14 for certification.
15 (4) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay the cost of publication by the clerk
18 directly to the newspaper.
19 (5) The person on whose behalf a charge is incurred
20 for witness, court reporter, appraiser, or other
21 miscellaneous fee shall pay the same directly to the
22 person entitled thereto.
23 (6) The executor, administrator, guardian,
24 petitioner, or other interested person or his or her
25 attorney shall pay to the clerk all postage charges
26 incurred by the clerk in mailing petitions, orders,
27 notices, or other documents pursuant to the provisions of
28 the Probate Act of 1975.
29 (w) Criminal and Quasi-Criminal Costs and Fees.
30 (1) The clerk shall be entitled to costs in all
31 criminal and quasi-criminal cases from each person
32 convicted or sentenced to supervision therein as follows:
33 (A) Felony complaints, $80.
34 (B) Misdemeanor complaints, $50.
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1 (C) Business offense complaints, $50.
2 (D) Petty offense complaints, $50.
3 (E) Minor traffic or ordinance violations,
4 $20.
5 (F) When court appearance required, $30.
6 (G) Motions to vacate or amend final orders,
7 $20.
8 (H) Motions to vacate bond forfeiture orders,
9 $20.
10 (I) Motions to vacate ex parte judgments,
11 whenever filed, $20.
12 (J) Motions to vacate judgment on forfeitures,
13 whenever filed, $20.
14 (K) Motions to vacate "failure to appear" or
15 "failure to comply" notices sent to the Secretary of
16 State, $20.
17 (2) In counties having a population in excess of
18 180,000 but not more than 650,000 inhabitants, when the
19 violation complaint is issued by a municipal police
20 department, the clerk shall be entitled to costs from
21 each person convicted therein as follows:
22 (A) Minor traffic or ordinance violations,
23 $10.
24 (B) When court appearance required, $15.
25 (3) In ordinance violation cases punishable by fine
26 only, the clerk of the circuit court shall be entitled to
27 receive, unless the fee is excused upon a finding by the
28 court that the defendant is indigent, in addition to
29 other fees or costs allowed or imposed by law, the sum of
30 $50 as a fee for the services of a jury. The jury fee
31 shall be paid by the defendant at the time of filing his
32 or her jury demand. If the fee is not so paid by the
33 defendant, no jury shall be called, and the case shall be
34 tried by the court without a jury.
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1 (x) Transcripts of Judgment.
2 For the filing of a transcript of judgment, the
3 clerk shall be entitled to the same fee as if it were the
4 commencement of a new suit.
5 (y) Change of Venue.
6 (1) For the filing of a change of case on a change
7 of venue, the clerk shall be entitled to the same fee as
8 if it were the commencement of a new suit.
9 (2) The fee for the preparation and certification
10 of a record on a change of venue to another jurisdiction,
11 when original documents are forwarded, $25.
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 on the
16 complaint, $25.
17 (aa) Tax Deeds.
18 (1) Petition for tax deed, if only one parcel is
19 involved, $150.
20 (2) For each additional parcel, add a fee of $50.
21 (bb) Collections.
22 (1) For all collections made of others, except the
23 State and county and except in maintenance or child
24 support cases, a sum equal to 2.5% of the amount
25 collected and turned over.
26 (2) Interest earned on any funds held by the clerk
27 shall be turned over to the county general fund as an
28 earning of the office.
29 (3) For any check, draft, or other bank instrument
30 returned to the clerk for non-sufficient funds, account
31 closed, or payment stopped, $25.
32 (4) In child support and maintenance cases, the
33 clerk, if authorized by an ordinance of the county board,
34 may collect an annual fee of up to $36 from the person
HB1925 Engrossed -22- LRB9104191DJcd
1 making payment for administering the collection and
2 distribution of maintenance and child support payments.
3 This fee shall be in addition to and separate from
4 amounts ordered to be paid as maintenance or child
5 support and shall be deposited into a Separate
6 Maintenance and Child Support Collection Fund, of which
7 the clerk shall be the custodian, ex-officio, to be used
8 by the clerk to further maintenance and child supports in
9 his or her office. The clerk may recover from the person
10 making the maintenance or child support payment any
11 additional cost incurred in the collection of this annual
12 fee.
13 The clerk shall also be entitled to a fee of $5 for
14 certifications made to the Secretary of State as provided
15 in Section 7-703 of the Family Financial Responsibility
16 Law and these fees shall also be deposited into the
17 Separate Maintenance and Child Support Collection Fund.
18 (cc) Corrections of Numbers.
19 For correction of the case number, case title, or
20 attorney computer identification number, if required by
21 rule of court, on any document filed in the clerk's
22 office, to be charged against the party that filed the
23 document, $15.
24 (dd) Exceptions.
25 (1) The fee requirements of this Section shall not
26 apply to police departments or other law enforcement
27 agencies. In this Section, "law enforcement agency"
28 means an agency of the State or a unit of local
29 government which is vested by law or ordinance with the
30 duty to maintain public order and to enforce criminal
31 laws or ordinances. "Law enforcement agency" also means
32 the Attorney General or any state's attorney.
33 (2) No fee provided herein shall be charged to any
34 unit of local government or school district.
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1 (3) The fee requirements of this Section shall not
2 apply to any action instituted under subsection (b) of
3 Section 11-31-1 of the Illinois Municipal Code by a
4 private owner or tenant of real property within 1200 feet
5 of a dangerous or unsafe building seeking an order
6 compelling the owner or owners of the building to take
7 any of the actions authorized under that subsection.
8 (ee) Adoptions.
9 (1) For an adoption, requesting a copy of a
10 judgment for adoption, relief from a final judgment or
11 order, appointment of a confidential intermediary, or
12 requesting non-identifying information................$65
13 (2) Upon good cause shown, the court may waive the
14 adoption filing fee in a special needs adoption. The
15 term "special needs adoption" shall have the meaning
16 ascribed to it by the Illinois Department of Children and
17 Family Services.
18 (ff) Adoption exemptions.
19 No fee other than that set forth in subsection (ee)
20 shall be charged to any person in connection with an
21 adoption proceeding.
22 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
23 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
24 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
25 Sec. 27.2. The fees of the clerks of the circuit court
26 in all counties having a population in excess of 650,000
27 inhabitants but less than 3,000,000 inhabitants in the
28 instances described in this Section shall be as provided in
29 this Section. In addition, the fees provided in this Section
30 shall apply to all units of local government and school
31 districts in counties with more than 3,000,000 inhabitants.
32 The fees shall be paid in advance and shall be as follows:
33 (a) Civil Cases.
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1 The fee for filing a complaint, petition, or other
2 pleading initiating a civil action, with the following
3 exceptions, shall be $150.
4 (A) When the amount of money or damages or the
5 value of personal property claimed does not exceed
6 $250, $10.
7 (B) When that amount exceeds $250 but does not
8 exceed $500, $20.
9 (C) When that amount exceeds $500 but does not
10 exceed $2500, $30.
11 (D) When that amount exceeds $2500 but does
12 not exceed $15,000, $75.
13 (E) For the exercise of eminent domain, $150.
14 For each additional lot or tract of land or right or
15 interest therein subject to be condemned, the
16 damages in respect to which shall require separate
17 assessment by a jury, $150.
18 (b) Forcible Entry and Detainer.
19 In each forcible entry and detainer case when the
20 plaintiff seeks possession only or unites with his or her
21 claim for possession of the property a claim for rent or
22 damages or both in the amount of $15,000 or less, $40.
23 When the plaintiff unites his or her claim for possession
24 with a claim for rent or damages or both exceeding
25 $15,000, $150.
26 (c) Counterclaim or Joining Third Party Defendant.
27 When any defendant files a counterclaim as part of
28 his or her answer or otherwise or joins another party as
29 a third party defendant, or both, the defendant shall pay
30 a fee for each counterclaim or third party action in an
31 amount equal to the fee he or she would have had to pay
32 had he or she brought a separate action for the relief
33 sought in the counterclaim or against the third party
34 defendant, less the amount of the appearance fee, if that
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1 has been paid.
2 (d) Confession of Judgment.
3 In a confession of judgment when the amount does not
4 exceed $1500, $50. When the amount exceeds $1500, but
5 does not exceed $15,000, $115. When the amount exceeds
6 $15,000, $200.
7 (e) Appearance.
8 The fee for filing an appearance in each civil case
9 shall be $50, except as follows:
10 (A) When the plaintiff in a forcible entry and
11 detainer case seeks possession only; $20.
12 (B) When the amount in the case does not
13 exceed $1500, $20.
14 (C) When that amount exceeds $1500 but does
15 not exceed $15,000, $40.
16 (f) Garnishment, Wage Deduction, and Citation.
17 In garnishment affidavit, wage deduction affidavit,
18 and citation petition when the amount does not exceed
19 $1,000, $10; when the amount exceeds $1,000 but does not
20 exceed $5,000, $20; and when the amount exceeds $5,000,
21 $30.
22 (g) Petition to Vacate or Modify.
23 (1) Petition to vacate or modify any final judgment
24 or order of court, except in forcible entry and detainer
25 cases and small claims cases or a petition to reopen an
26 estate, to modify, terminate, or enforce a judgment or
27 order for child or spousal support, or to modify,
28 suspend, or terminate an order for withholding, if filed
29 before 30 days after the entry of the judgment or order,
30 $40.
31 (2) Petition to vacate or modify any final judgment
32 or order of court, except a petition to modify,
33 terminate, or enforce a judgment or order for child or
34 spousal support or to modify, suspend, or terminate an
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1 order for withholding, if filed later than 30 days after
2 the entry of the judgment or order, $60.
3 (3) Petition to vacate order of bond forfeiture,
4 $20.
5 (h) Mailing.
6 When the clerk is required to mail, the fee will be
7 $6, plus the cost of postage.
8 (i) Certified Copies.
9 Each certified copy of a judgment after the first,
10 except in small claims and forcible entry and detainer
11 cases, $10.
12 (j) Habeas Corpus.
13 For filing a petition for relief by habeas corpus,
14 $80.
15 (k) Certification, Authentication, and Reproduction.
16 (1) Each certification or authentication for taking
17 the acknowledgment of a deed or other instrument in
18 writing with the seal of office, $4.
19 (2) Court appeals when original documents are
20 forwarded, under 100 pages, plus delivery and costs, $50.
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery and costs, $120.
23 (4) Court appeals when original documents are
24 forwarded, over 200 pages, an additional fee of 20 cents
25 per page.
26 (5) For reproduction of any document contained in
27 the clerk's files:
28 (A) First page, $2.
29 (B) Next 19 pages, 50 cents per page.
30 (C) All remaining pages, 25 cents per page.
31 (l) Remands.
32 In any cases remanded to the Circuit Court from the
33 Supreme Court or the Appellate Court for a new trial, the
34 clerk shall file the remanding order and reinstate the
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1 case with either its original number or a new number.
2 The Clerk shall not charge any new or additional fee for
3 the reinstatement. Upon reinstatement the Clerk shall
4 advise the parties of the reinstatement. A party shall
5 have the same right to a jury trial on remand and
6 reinstatement as he or she had before the appeal, and no
7 additional or new fee or charge shall be made for a jury
8 trial after remand.
9 (m) Record Search.
10 For each record search, within a division or
11 municipal district, the clerk shall be entitled to a
12 search fee of $4 for each year searched.
13 (n) Hard Copy.
14 For each page of hard copy print output, when case
15 records are maintained on an automated medium, the clerk
16 shall be entitled to a fee of $4.
17 (o) Index Inquiry and Other Records.
18 No fee shall be charged for a single
19 plaintiff/defendant index inquiry or single case record
20 inquiry when this request is made in person and the
21 records are maintained in a current automated medium, and
22 when no hard copy print output is requested. The fees to
23 be charged for management records, multiple case records,
24 and multiple journal records may be specified by the
25 Chief Judge pursuant to the guidelines for access and
26 dissemination of information approved by the Supreme
27 Court.
28 (p) Commitment Petitions.
29 For filing commitment petitions under the Mental
30 Health and Developmental Disabilities Code, $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 $180, as a fee
19 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
HB1925 Engrossed -30- LRB9104191DJcd
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, $90.
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 attorney
29 shall pay to the clerk all postage charges incurred by
30 the clerk in mailing petitions, orders, notices, or other
31 documents pursuant to the provisions of the Probate Act
32 of 1975.
33 (w) Criminal and Quasi-Criminal Costs and Fees.
34 (1) The clerk shall be entitled to costs in all
HB1925 Engrossed -32- LRB9104191DJcd
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 of more than
22 650,000 but fewer than 3,000,000 inhabitants, when the
23 violation complaint is issued by a municipal police
24 department, the clerk shall be entitled to costs from
25 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 $50 as a fee for the services of a jury. The jury fee
HB1925 Engrossed -33- LRB9104191DJcd
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 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 in 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 administering the collection and
6 distribution of maintenance and child support payments.
7 This fee shall be in addition to and separate from
8 amounts ordered to be paid as maintenance or child
9 support and shall be deposited into a Separate
10 Maintenance and Child Support Collection Fund, of which
11 the clerk shall be the custodian, ex-officio, to be used
12 by the clerk to further maintenance and child supports in
13 his or her office. The clerk may recover from the person
14 making the maintenance or child support payment any
15 additional cost incurred in the collection of this annual
16 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, $15.
28 (dd) Exceptions.
29 The fee requirements of this Section shall not apply
30 to police departments or other law enforcement agencies.
31 In this Section, "law enforcement agency" means an agency
32 of the State or a unit of local government which is
33 vested by law or ordinance with the duty to maintain
34 public order and to enforce criminal laws or ordinances.
HB1925 Engrossed -35- LRB9104191DJcd
1 "Law enforcement agency" also means the Attorney General
2 or any state's attorney. The fee requirements of this
3 Section shall not apply to any action instituted under
4 subsection (b) of Section 11-31-1 of the Illinois
5 Municipal Code by a private owner or tenant of real
6 property within 1200 feet of a dangerous or unsafe
7 building seeking an order compelling the owner or owners
8 of the building to take any of the actions authorized
9 under that subsection.
10 (ee) Adoptions.
11 (1) For an adoption, requesting a copy of a
12 judgment for adoption, relief from a final judgment or
13 order, appointment of a confidential intermediary, or
14 requesting non-identifying information................$65
15 (2) Upon good cause shown, the court may waive the
16 adoption filing fee in a special needs adoption. The
17 term "special needs adoption" shall have the meaning
18 ascribed to it by the Illinois Department of Children and
19 Family Services.
20 (ff) Adoption exemptions.
21 No fee other than that set forth in subsection (ee)
22 shall be charged to any person in connection with an
23 adoption proceeding.
24 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
25 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
26 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
27 Sec. 27.2a. The fees of the clerks of the circuit court
28 in all counties having a population of 3,000,000 or more
29 inhabitants in the instances described in this Section shall
30 be as provided in this Section. The fees shall be paid in
31 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 $190.
3 (A) When the amount of money or damages or the
4 value of personal property claimed does not exceed
5 $250, $15.
6 (B) When that amount exceeds $250 but does not
7 exceed $1000, $40.
8 (C) When that amount exceeds $1000 but does
9 not exceed $2500, $50.
10 (D) When that amount exceeds $2500 but does
11 not exceed $5000, $100.
12 (E) When that amount exceeds $5000 but does
13 not exceed $15,000, $150.
14 (F) For the exercise of eminent domain, $150.
15 For each additional lot or tract of land or right or
16 interest therein subject to be condemned, the
17 damages in respect to which shall require separate
18 assessment by a jury, $150.
19 (b) Forcible Entry and Detainer.
20 In each forcible entry and detainer case when the
21 plaintiff seeks possession only or unites with his or her
22 claim for possession of the property a claim for rent or
23 damages or both in the amount of $15,000 or less, $75.
24 When the plaintiff unites his or her claim for possession
25 with a claim for rent or damages or both exceeding
26 $15,000, $225.
27 (c) Counterclaim or Joining Third Party Defendant.
28 When any defendant files a counterclaim as part of
29 his or her answer or otherwise or joins another party as
30 a third party defendant, or both, the defendant shall pay
31 a fee for each counterclaim or third party action in an
32 amount equal to the fee he or she would have had to pay
33 had he or she brought a separate action for the relief
34 sought in the counterclaim or against the third party
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1 defendant, less the amount of the appearance fee, if that
2 has been paid.
3 (d) Confession of Judgment.
4 In a confession of judgment when the amount does not
5 exceed $1500, $60. When the amount exceeds $1500, but
6 does not exceed $5000, $75. When the amount exceeds
7 $5000, but does not exceed $15,000, $175. When the amount
8 exceeds $15,000, $250.
9 (e) Appearance.
10 The fee for filing an appearance in each civil case
11 shall be $75, except as follows:
12 (A) When the plaintiff in a forcible entry and
13 detainer case seeks possession only, $40.
14 (B) When the amount in the case does not
15 exceed $1500, $40.
16 (C) When that amount exceeds $1500 but does
17 not exceed $15,000, $60.
18 (f) Garnishment, Wage Deduction, and Citation.
19 In garnishment affidavit, wage deduction affidavit,
20 and citation petition when the amount does not exceed
21 $1,000, $15; when the amount exceeds $1,000 but does not
22 exceed $5,000, $30; and when the amount exceeds $5,000,
23 $50.
24 (g) Petition to Vacate or Modify.
25 (1) Petition to vacate or modify any final judgment
26 or order of court, except in forcible entry and detainer
27 cases and small claims cases or a petition to reopen an
28 estate, to modify, terminate, or enforce a judgment or
29 order for child or spousal support, or to modify,
30 suspend, or terminate an order for withholding, if filed
31 before 30 days after the entry of the judgment or order,
32 $50.
33 (2) Petition to vacate or modify any final judgment
34 or order of court, except a petition to modify,
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1 terminate, or enforce a judgment or order for child or
2 spousal support or to modify, suspend, or terminate an
3 order for withholding, if filed later than 30 days after
4 the entry of the judgment or order, $75.
5 (3) Petition to vacate order of bond forfeiture,
6 $40.
7 (h) Mailing.
8 When the clerk is required to mail, the fee will be
9 $10, plus the cost of postage.
10 (i) Certified Copies.
11 Each certified copy of a judgment after the first,
12 except in small claims and forcible entry and detainer
13 cases, $15.
14 (j) Habeas Corpus.
15 For filing a petition for relief by habeas corpus,
16 $125.
17 (k) Certification, Authentication, and Reproduction.
18 (1) Each certification or authentication for taking
19 the acknowledgment of a deed or other instrument in
20 writing with the seal of office, $6.
21 (2) Court appeals when original documents are
22 forwarded, under 100 pages, plus delivery and costs, $75.
23 (3) Court appeals when original documents are
24 forwarded, over 100 pages, plus delivery and costs, $150.
25 (4) Court appeals when original documents are
26 forwarded, over 200 pages, an additional fee of 25 cents
27 per page.
28 (5) For reproduction of any document contained in
29 the clerk's files:
30 (A) First page, $2.
31 (B) Next 19 pages, 50 cents per page.
32 (C) All remaining pages, 25 cents per page.
33 (l) Remands.
34 In any cases remanded to the Circuit Court from the
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1 Supreme Court or the Appellate Court for a new trial, the
2 clerk shall file the remanding order and reinstate the
3 case with either its original number or a new number.
4 The Clerk shall not charge any new or additional fee for
5 the reinstatement. Upon reinstatement the Clerk shall
6 advise the parties of the reinstatement. A party shall
7 have the same right to a jury trial on remand and
8 reinstatement as he or she had before the appeal, and no
9 additional or new fee or charge shall be made for a jury
10 trial after remand.
11 (m) Record Search.
12 For each record search, within a division or
13 municipal district, the clerk shall be entitled to a
14 search fee of $6 for each year searched.
15 (n) Hard Copy.
16 For each page of hard copy print output, when case
17 records are maintained on an automated medium, the clerk
18 shall be entitled to a fee of $6.
19 (o) Index Inquiry and Other Records.
20 No fee shall be charged for a single
21 plaintiff/defendant index inquiry or single case record
22 inquiry when this request is made in person and the
23 records are maintained in a current automated medium, and
24 when no hard copy print output is requested. The fees to
25 be charged for management records, multiple case records,
26 and multiple journal records may be specified by the
27 Chief Judge pursuant to the guidelines for access and
28 dissemination of information approved by the Supreme
29 Court.
30 (p) Commitment Petitions.
31 For filing commitment petitions under the Mental
32 Health and Developmental Disabilities Code, $50.
33 (q) Alias Summons.
34 For each alias summons or citation issued by the
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1 clerk, $5.
2 (r) Other Fees.
3 Any fees not covered in this Section shall be set by
4 rule or administrative order of the Circuit Court with
5 the approval of the Administrative Office of the Illinois
6 Courts.
7 The clerk of the circuit court may provide
8 additional services for which there is no fee specified
9 by statute in connection with the operation of the
10 clerk's office as may be requested by the public and
11 agreed to by the clerk and approved by the chief judge of
12 the circuit court. Any charges for additional services
13 shall be as agreed to between the clerk and the party
14 making the request and approved by the chief judge of the
15 circuit court. Nothing in this subsection shall be
16 construed to require any clerk to provide any service not
17 otherwise required by law.
18 (s) Jury Services.
19 The clerk shall be entitled to receive, in addition
20 to other fees allowed by law, the sum of $200, as a fee
21 for the services of a jury in every civil action not
22 quasi-criminal in its nature and not a proceeding for the
23 exercise of the right of eminent domain and in every
24 other action wherein the right of trial by jury is or may
25 be given by law. The jury fee shall be paid by the party
26 demanding a jury at the time of filing the jury demand.
27 If the fee is not paid by either party, no jury shall be
28 called in the action or proceeding, and the same shall be
29 tried by the court without a jury.
30 (t) Voluntary Assignment.
31 For filing each deed of voluntary assignment, $20;
32 for recording the same, 50¢ for each 100 words.
33 Exceptions filed to claims presented to an assignee of a
34 debtor who has made a voluntary assignment for the
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1 benefit of creditors shall be considered and treated, for
2 the purpose of taxing costs therein, as actions in which
3 the party or parties filing the exceptions shall be
4 considered as party or parties plaintiff, and the
5 claimant or claimants as party or parties defendant, and
6 those parties respectively shall pay to the clerk the
7 same fees as provided by this Section to be paid in other
8 actions.
9 (u) Expungement Petition.
10 The clerk shall be entitled to receive a fee of $60
11 for each expungement petition filed and an additional fee
12 of $4 for each certified copy of an order to expunge
13 arrest records.
14 (v) Probate.
15 The clerk is entitled to receive the fees specified in
16 this subsection (v), which shall be paid in advance, except
17 that, for good cause shown, the court may suspend, reduce, or
18 release the costs payable under this subsection:
19 (1) For administration of the estate of a decedent
20 (whether testate or intestate) or of a missing person,
21 $150, plus the fees specified in subsection (v)(3),
22 except:
23 (A) When the value of the real and personal
24 property does not exceed $15,000, the fee shall be
25 $40.
26 (B) When (i) proof of heirship alone is made,
27 (ii) a domestic or foreign will is admitted to
28 probate without administration (including proof of
29 heirship), or (iii) letters of office are issued for
30 a particular purpose without administration of the
31 estate, the fee shall be $40.
32 (2) For administration of the estate of a ward,
33 $75, 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) 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 $20.
11 (3) In addition to the fees payable under
12 subsection (v)(1) or (v)(2) of this Section, the
13 following fees are payable:
14 (A) For each account (other than one final
15 account) filed in the estate of a decedent, or ward,
16 $25.
17 (B) For filing a claim in an estate when the
18 amount claimed is $150 or more but less than $500,
19 $20; when the amount claimed is $500 or more but
20 less than $10,000, $40; when the amount claimed is
21 $10,000 or more, $60; provided that the court in
22 allowing a claim may add to the amount allowed the
23 filing fee paid by the claimant.
24 (C) For filing in an estate a claim, petition,
25 or supplemental proceeding based upon an action
26 seeking equitable relief including the construction
27 or contest of a will, enforcement of a contract to
28 make a will, and proceedings involving testamentary
29 trusts or the appointment of testamentary trustees,
30 $60.
31 (D) For filing in an estate (i) the appearance
32 of any person for the purpose of consent or (ii) the
33 appearance of an executor, administrator,
34 administrator to collect, guardian, guardian ad
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1 litem, or special administrator, no fee.
2 (E) Except as provided in subsection
3 (v)(3)(D), for filing the appearance of any person
4 or persons, $30.
5 (F) For each jury demand, $125.
6 (G) For disposition of the collection of a
7 judgment or settlement of an action or claim for
8 wrongful death of a decedent or of any cause of
9 action of a ward, when there is no other
10 administration of the estate, $50, less any amount
11 paid under subsection (v)(1)(B) or (v)(2)(B) except
12 that if the amount involved does not exceed $5,000,
13 the fee, including any amount paid under subsection
14 (v)(1)(B) or (v)(2)(B), shall be $20.
15 (H) For each certified copy of letters of
16 office, of court order or other certification, $2,
17 plus $1 per page in excess of 3 pages for the
18 document certified.
19 (I) For each exemplification, $2, plus the fee
20 for certification.
21 (4) The executor, administrator, guardian,
22 petitioner, or other interested person or his or her
23 attorney shall pay the cost of publication by the clerk
24 directly to the newspaper.
25 (5) The person on whose behalf a charge is incurred
26 for witness, court reporter, appraiser, or other
27 miscellaneous fee shall pay the same directly to the
28 person entitled thereto.
29 (6) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay to the clerk all postage charges
32 incurred by the clerk in mailing petitions, orders,
33 notices, or other documents pursuant to the provisions of
34 the Probate Act of 1975.
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1 (w) Criminal and Quasi-Criminal Costs and Fees.
2 (1) The clerk shall be entitled to costs in all
3 criminal and quasi-criminal cases from each person
4 convicted or sentenced to supervision therein as follows:
5 (A) Felony complaints, $125.
6 (B) Misdemeanor complaints, $75.
7 (C) Business offense complaints, $75.
8 (D) Petty offense complaints, $75.
9 (E) Minor traffic or ordinance violations,
10 $30.
11 (F) When court appearance required, $50.
12 (G) Motions to vacate or amend final orders,
13 $40.
14 (H) Motions to vacate bond forfeiture orders,
15 $30.
16 (I) Motions to vacate ex parte judgments,
17 whenever filed, $30.
18 (J) Motions to vacate judgment on forfeitures,
19 whenever filed, $25.
20 (K) Motions to vacate "failure to appear" or
21 "failure to comply" notices sent to the Secretary of
22 State, $40.
23 (2) In counties having a population of 3,000,000 or
24 more, when the violation complaint is issued by a
25 municipal police department, the clerk shall be entitled
26 to costs from each person convicted therein as follows:
27 (A) Minor traffic or ordinance violations,
28 $30.
29 (B) When court appearance required, $50.
30 (3) In ordinance violation cases punishable by fine
31 only, the clerk of the circuit court shall be entitled to
32 receive, unless the fee is excused upon a finding by the
33 court that the defendant is indigent, in addition to
34 other fees or costs allowed or imposed by law, the sum of
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1 $100 as a fee for the services of a jury. The jury fee
2 shall be paid by the defendant at the time of filing his
3 or her jury demand. If the fee is not so paid by the
4 defendant, no jury shall be called, and the case shall be
5 tried by the court without a jury.
6 (x) Transcripts of Judgment.
7 For the filing of a transcript of judgment, the
8 clerk shall be entitled to the same fee as if it were the
9 commencement of a new suit.
10 (y) Change of Venue.
11 (1) For the filing of a change of case on a change
12 of venue, the clerk shall be entitled to the same fee as
13 if it were the commencement of a new suit.
14 (2) The fee for the preparation and certification
15 of a record on a change of venue to another jurisdiction,
16 when original documents are forwarded, $40.
17 (z) Tax objection complaints.
18 For each tax objection complaint containing one or
19 more tax objections, regardless of the number of parcels
20 involved or the number of taxpayers joining in the
21 complaint, $50.
22 (aa) Tax Deeds.
23 (1) Petition for tax deed, if only one parcel is
24 involved, $250.
25 (2) For each additional parcel, add a fee of $100.
26 (bb) Collections.
27 (1) For all collections made of others, except the
28 State and county and except in maintenance or child
29 support cases, a sum equal to 3.0% of the amount
30 collected and turned over.
31 (2) Interest earned on any funds held by the clerk
32 shall be turned over to the county general fund as an
33 earning of the office.
34 (3) For any check, draft, or other bank instrument
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1 returned to the clerk for non-sufficient funds, account
2 closed, or payment stopped, $25.
3 (4) In child support and maintenance cases, the
4 clerk, if authorized by an ordinance of the county board,
5 may collect an annual fee of up to $36 from the person
6 making payment for administering the collection and
7 distribution of maintenance and child support payments.
8 This fee shall be in addition to and separate from
9 amounts ordered to be paid as maintenance or child
10 support and shall be deposited into a Separate
11 Maintenance and Child Support Collection Fund, of which
12 the clerk shall be the custodian, ex-officio, to be used
13 by the clerk to further maintenance and child supports in
14 his or her office. The clerk may recover from the person
15 making the maintenance or child support payment any
16 additional cost incurred in the collection of this annual
17 fee.
18 The clerk shall also be entitled to a fee of $5 for
19 certifications made to the Secretary of State as provided
20 in Section 7-703 of the Family Financial Responsibility
21 Law and these fees shall also be deposited into the
22 Separate Maintenance and Child Support Collection Fund.
23 (cc) Corrections of Numbers.
24 For correction of the case number, case title, or
25 attorney computer identification number, if required by
26 rule of court, on any document filed in the clerk's
27 office, to be charged against the party that filed the
28 document, $25.
29 (dd) Exceptions.
30 (1) The fee requirements of this Section shall not
31 apply to police departments or other law enforcement
32 agencies. In this Section, "law enforcement agency"
33 means an agency of the State or a unit of local
34 government which is vested by law or ordinance with the
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1 duty to maintain public order and to enforce criminal
2 laws or ordinances. "Law enforcement agency" also means
3 the Attorney General or any state's attorney.
4 (2) No fee provided herein shall be charged to any
5 unit of local government or school district. The fee
6 requirements of this Section shall not apply to any
7 action instituted under subsection (b) of Section 11-31-1
8 of the Illinois Municipal Code by a private owner or
9 tenant of real property within 1200 feet of a dangerous
10 or unsafe building seeking an order compelling the owner
11 or owners of the building to take any of the actions
12 authorized under that subsection.
13 (ee) Adoption.
14 (1) For an adoption, requesting a copy of a
15 judgment for adoption, relief from a final judgment or
16 order, appointment of a confidential intermediary, or
17 requesting non-identifying information................$65
18 (2) Upon good cause shown, the court may waive the
19 adoption filing fee in a special needs adoption. The
20 term "special needs adoption" shall have the meaning
21 ascribed to it by the Illinois Department of Children and
22 Family Services.
23 (ff) Adoption exemptions.
24 No fee other than that set forth in subsection (ee)
25 shall be charged to any person in connection with an
26 adoption proceeding.
27 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
28 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
29 (705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
30 Sec. 27.3c. Document storage system.
31 (a) The expense of establishing and maintaining a
32 document storage system in the offices of the circuit court
33 clerks in the several counties of this State shall be borne
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1 by the county. To defray the expense in any county that
2 elects to establish a document storage system and convert the
3 records of the circuit court clerk to electronic or
4 micrographic storage, the county board may require the clerk
5 of the circuit court in its county to collect a court
6 document fee of not less than $1 nor more than $10 $5, to be
7 charged and collected by the clerk of the court. The fee
8 shall be paid at the time of filing the first pleading,
9 paper, or other appearance filed by each party in all civil
10 cases or by the defendant in any felony, misdemeanor,
11 traffic, ordinance, or conservation matter on a judgment of
12 guilty or grant of supervision, provided that the document
13 storage system is in place or has been authorized by the
14 county board and further that no additional fee shall be
15 required if more than one party is presented in a single
16 pleading, paper, or other appearance. The fee shall be
17 collected in the manner in which all other fees or costs are
18 collected. The court document fee provided in this
19 subsection (a) shall not apply to any petty offense moving
20 violation written by a municipal police department in
21 counties having a population of more than 650,000 but less
22 than 3,000,000 inhabitants whether written under the Illinois
23 Vehicle Code or under any municipal ordinance.
24 (b) Each clerk shall commence charges and collections of
25 a court document fee upon receipt of written notice from the
26 chairman of the county board together with a certified copy
27 of the board's resolution, which the clerk shall file of
28 record in his or her office.
29 (c) Court document fees shall be in addition to other
30 fees and charges of the clerk, shall be assessable as costs,
31 and may be waived only if the judge specifically provides for
32 the waiver of the court document storage fee. The fees shall
33 be remitted monthly by the clerk to the county treasurer, to
34 be retained by the treasurer in a special fund designated as
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1 the Court Document Storage Fund. The fund shall be audited
2 by the county auditor, and the board shall make expenditures
3 from the fund in payment of any costs relative to the storage
4 of court records, including hardware, software, research and
5 development costs, and related personnel, provided that the
6 expenditure is approved by the clerk of the circuit court.
7 (d) A court document fee shall not be charged in any
8 matter coming to the clerk on change of venue or in any
9 proceeding to review the decision of any administrative
10 officer, agency, or body.
11 (Source: P.A. 86-1386; 87-670.)
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