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92_HB1829enr
HB1829 Enrolled LRB9205211REtm
1 AN ACT concerning fees.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clerks of Courts Act is amended by
5 changing Sections 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
7 Sec. 27.1a. The fees of the clerks of the circuit court
8 in all counties having a population in excess of 180,000 but
9 not more than 500,000 650,000 inhabitants in the instances
10 described in this Section shall be as provided in this
11 Section. The fees shall be paid in advance and shall be as
12 follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $150.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $10.
20 (B) When that amount exceeds $250 but does not
21 exceed $500, $20.
22 (C) When that amount exceeds $500 but does not
23 exceed $2500, $30.
24 (D) When that amount exceeds $2500 but does
25 not exceed $15,000, $75.
26 (E) For the exercise of eminent domain, $150.
27 For each additional lot or tract of land or right or
28 interest therein subject to be condemned, the
29 damages in respect to which shall require separate
30 assessment by a jury, $150.
31 (a-1) Family.
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1 For filing a petition under the Juvenile Court Act
2 of 1987, $25.
3 For filing a petition for a marriage license, $10.
4 For performing a marriage in court, $10.
5 For filing a petition under the Illinois Parentage
6 Act of 1984, $40.
7 (b) Forcible Entry and Detainer.
8 In each forcible entry and detainer case when the
9 plaintiff seeks possession only or unites with his or her
10 claim for possession of the property a claim for rent or
11 damages or both in the amount of $15,000 or less, $40.
12 When the plaintiff unites his or her claim for possession
13 with a claim for rent or damages or both exceeding
14 $15,000, $150.
15 (c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of
17 his or her answer or otherwise or joins another party as
18 a third party defendant, or both, the defendant shall pay
19 a fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay
21 had he or she brought a separate action for the relief
22 sought in the counterclaim or against the third party
23 defendant, less the amount of the appearance fee, if that
24 has been paid.
25 (d) Confession of Judgment.
26 In a confession of judgment when the amount does not
27 exceed $1500, $50. When the amount exceeds $1500, but
28 does not exceed $15,000, $115. When the amount exceeds
29 $15,000, $200.
30 (e) Appearance.
31 The fee for filing an appearance in each civil case
32 shall be $50, except as follows:
33 (A) When the plaintiff in a forcible entry and
34 detainer case seeks possession only, $20.
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1 (B) When the amount in the case does not
2 exceed $1500, $20.
3 (C) When that amount exceeds $1500 but does
4 not exceed $15,000, $40.
5 (f) Garnishment, Wage Deduction, and Citation.
6 In garnishment affidavit, wage deduction affidavit,
7 and citation petition when the amount does not exceed
8 $1,000, $10; when the amount exceeds $1,000 but does not
9 exceed $5,000, $20; and when the amount exceeds $5,000,
10 $30.
11 (g) Petition to Vacate or Modify.
12 (1) Petition to vacate or modify any final judgment
13 or order of court, except in forcible entry and detainer
14 cases and small claims cases or a petition to reopen an
15 estate, to modify, terminate, or enforce a judgment or
16 order for child or spousal support, or to modify,
17 suspend, or terminate an order for withholding, if filed
18 before 30 days after the entry of the judgment or order,
19 $40.
20 (2) Petition to vacate or modify any final judgment
21 or order of court, except a petition to modify,
22 terminate, or enforce a judgment or order for child or
23 spousal support or to modify, suspend, or terminate an
24 order for withholding, if filed later than 30 days after
25 the entry of the judgment or order, $60.
26 (3) Petition to vacate order of bond forfeiture,
27 $20.
28 (h) Mailing.
29 When the clerk is required to mail, the fee will be
30 $6, plus the cost of postage.
31 (i) Certified Copies.
32 Each certified copy of a judgment after the first,
33 except in small claims and forcible entry and detainer
34 cases, $10.
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1 (j) Habeas Corpus.
2 For filing a petition for relief by habeas corpus,
3 $80.
4 (k) Certification, Authentication, and Reproduction.
5 (1) Each certification or authentication for taking
6 the acknowledgment of a deed or other instrument in
7 writing with the seal of office, $4.
8 (2) Court appeals when original documents are
9 forwarded, under 100 pages, plus delivery and costs, $50.
10 (3) Court appeals when original documents are
11 forwarded, over 100 pages, plus delivery and costs, $120.
12 (4) Court appeals when original documents are
13 forwarded, over 200 pages, an additional fee of 20 cents
14 per page.
15 (5) For reproduction of any document contained in
16 the clerk's files:
17 (A) First page, $2.
18 (B) Next 19 pages, 50 cents per page.
19 (C) All remaining pages, 25 cents per page.
20 (l) Remands.
21 In any cases remanded to the Circuit Court from the
22 Supreme Court or the Appellate Court for a new trial, the
23 clerk shall file the remanding order and reinstate the
24 case with either its original number or a new number. The
25 Clerk shall not charge any new or additional fee for the
26 reinstatement. Upon reinstatement the Clerk shall advise
27 the parties of the reinstatement. A party shall have the
28 same right to a jury trial on remand and reinstatement as
29 he or she had before the appeal, and no additional or new
30 fee or charge shall be made for a jury trial after
31 remand.
32 (m) Record Search.
33 For each record search, within a division or
34 municipal district, the clerk shall be entitled to a
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1 search fee of $4 for each year searched.
2 (n) Hard Copy.
3 For each page of hard copy print output, when case
4 records are maintained on an automated medium, the clerk
5 shall be entitled to a fee of $4.
6 (o) Index Inquiry and Other Records.
7 No fee shall be charged for a single
8 plaintiff/defendant index inquiry or single case record
9 inquiry when this request is made in person and the
10 records are maintained in a current automated medium, and
11 when no hard copy print output is requested. The fees to
12 be charged for management records, multiple case records,
13 and multiple journal records may be specified by the
14 Chief Judge pursuant to the guidelines for access and
15 dissemination of information approved by the Supreme
16 Court.
17 (p) Commitment Petitions.
18 For filing commitment petitions under the Mental
19 Health and Developmental Disabilities Code and for filing
20 a transcript of commitment proceedings held in another
21 county, $25.
22 (q) Alias Summons.
23 For each alias summons or citation issued by the
24 clerk, $4.
25 (r) Other Fees.
26 Any fees not covered in this Section shall be set by
27 rule or administrative order of the Circuit Court with
28 the approval of the Administrative Office of the Illinois
29 Courts.
30 The clerk of the circuit court may provide
31 additional services for which there is no fee specified
32 by statute in connection with the operation of the
33 clerk's office as may be requested by the public and
34 agreed to by the clerk and approved by the chief judge of
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1 the circuit court. Any charges for additional services
2 shall be as agreed to between the clerk and the party
3 making the request and approved by the chief judge of the
4 circuit court. Nothing in this subsection shall be
5 construed to require any clerk to provide any service not
6 otherwise required by law.
7 (s) Jury Services.
8 The clerk shall be entitled to receive, in addition
9 to other fees allowed by law, the sum of $192.50, as a
10 fee for the services of a jury in every civil action not
11 quasi-criminal in its nature and not a proceeding for the
12 exercise of the right of eminent domain and in every
13 other action wherein the right of trial by jury is or may
14 be given by law. The jury fee shall be paid by the party
15 demanding a jury at the time of filing the jury demand.
16 If the fee is not paid by either party, no jury shall be
17 called in the action or proceeding, and the same shall be
18 tried by the court without a jury.
19 (t) Voluntary Assignment.
20 For filing each deed of voluntary assignment, $10;
21 for recording the same, 25¢ for each 100 words.
22 Exceptions filed to claims presented to an assignee of a
23 debtor who has made a voluntary assignment for the
24 benefit of creditors shall be considered and treated, for
25 the purpose of taxing costs therein, as actions in which
26 the party or parties filing the exceptions shall be
27 considered as party or parties plaintiff, and the
28 claimant or claimants as party or parties defendant, and
29 those parties respectively shall pay to the clerk the
30 same fees as provided by this Section to be paid in other
31 actions.
32 (u) Expungement Petition.
33 The clerk shall be entitled to receive a fee of $30
34 for each expungement petition filed and an additional fee
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1 of $2 for each certified copy of an order to expunge
2 arrest records.
3 (v) Probate.
4 The clerk is entitled to receive the fees specified in
5 this subsection (v), which shall be paid in advance, except
6 that, for good cause shown, the court may suspend, reduce, or
7 release the costs payable under this subsection:
8 (1) For administration of the estate of a decedent
9 (whether testate or intestate) or of a missing person,
10 $100, plus the fees specified in subsection (v)(3),
11 except:
12 (A) When the value of the real and personal
13 property does not exceed $15,000, the fee shall be
14 $25.
15 (B) When (i) proof of heirship alone is made,
16 (ii) a domestic or foreign will is admitted to
17 probate without administration (including proof of
18 heirship), or (iii) letters of office are issued for
19 a particular purpose without administration of the
20 estate, the fee shall be $25.
21 (2) For administration of the estate of a ward,
22 $50, plus the fees specified in subsection (v)(3),
23 except:
24 (A) When the value of the real and personal
25 property does not exceed $15,000, the fee shall be
26 $25.
27 (B) When (i) letters of office are issued to a
28 guardian of the person or persons, but not of the
29 estate or (ii) letters of office are issued in the
30 estate of a ward without administration of the
31 estate, including filing or joining in the filing of
32 a tax return or releasing a mortgage or consenting
33 to the marriage of the ward, the fee shall be $10.
34 (3) In addition to the fees payable under
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1 subsection (v)(1) or (v)(2) of this Section, the
2 following fees are payable:
3 (A) For each account (other than one final
4 account) filed in the estate of a decedent, or ward,
5 $15.
6 (B) For filing a claim in an estate when the
7 amount claimed is $150 or more but less than $500,
8 $10; when the amount claimed is $500 or more but
9 less than $10,000, $25; when the amount claimed is
10 $10,000 or more, $40; provided that the court in
11 allowing a claim may add to the amount allowed the
12 filing fee paid by the claimant.
13 (C) For filing in an estate a claim, petition,
14 or supplemental proceeding based upon an action
15 seeking equitable relief including the construction
16 or contest of a will, enforcement of a contract to
17 make a will, and proceedings involving testamentary
18 trusts or the appointment of testamentary trustees,
19 $40.
20 (D) For filing in an estate (i) the appearance
21 of any person for the purpose of consent or (ii) the
22 appearance of an executor, administrator,
23 administrator to collect, guardian, guardian ad
24 litem, or special administrator, no fee.
25 (E) Except as provided in subsection
26 (v)(3)(D), for filing the appearance of any person
27 or persons, $10.
28 (F) For each jury demand, $102.50.
29 (G) For disposition of the collection of a
30 judgment or settlement of an action or claim for
31 wrongful death of a decedent or of any cause of
32 action of a ward, when there is no other
33 administration of the estate, $30, less any amount
34 paid under subsection (v)(1)(B) or (v)(2)(B) except
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1 that if the amount involved does not exceed $5,000,
2 the fee, including any amount paid under subsection
3 (v)(1)(B) or (v)(2)(B), shall be $10.
4 (H) For each certified copy of letters of
5 office, of court order or other certification, $1,
6 plus 50¢ per page in excess of 3 pages for the
7 document certified.
8 (I) For each exemplification, $1, plus the fee
9 for certification.
10 (4) The executor, administrator, guardian,
11 petitioner, or other interested person or his or her
12 attorney shall pay the cost of publication by the clerk
13 directly to the newspaper.
14 (5) The person on whose behalf a charge is incurred
15 for witness, court reporter, appraiser, or other
16 miscellaneous fee shall pay the same directly to the
17 person entitled thereto.
18 (6) The executor, administrator, guardian,
19 petitioner, or other interested person or his or her
20 attorney shall pay to the clerk all postage charges
21 incurred by the clerk in mailing petitions, orders,
22 notices, or other documents pursuant to the provisions of
23 the Probate Act of 1975.
24 (w) Criminal and Quasi-Criminal Costs and Fees.
25 (1) The clerk shall be entitled to costs in all
26 criminal and quasi-criminal cases from each person
27 convicted or sentenced to supervision therein as follows:
28 (A) Felony complaints, $80.
29 (B) Misdemeanor complaints, $50.
30 (C) Business offense complaints, $50.
31 (D) Petty offense complaints, $50.
32 (E) Minor traffic or ordinance violations,
33 $20.
34 (F) When court appearance required, $30.
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1 (G) Motions to vacate or amend final orders,
2 $20.
3 (H) Motions to vacate bond forfeiture orders,
4 $20.
5 (I) Motions to vacate ex parte judgments,
6 whenever filed, $20.
7 (J) Motions to vacate judgment on forfeitures,
8 whenever filed, $20.
9 (K) Motions to vacate "failure to appear" or
10 "failure to comply" notices sent to the Secretary of
11 State, $20.
12 (2) In counties having a population in excess of
13 180,000 but not more than 500,000 650,000 inhabitants,
14 when the violation complaint is issued by a municipal
15 police department, the clerk shall be entitled to costs
16 from each person convicted therein as follows:
17 (A) Minor traffic or ordinance violations,
18 $10.
19 (B) When court appearance required, $15.
20 (3) In ordinance violation cases punishable by fine
21 only, the clerk of the circuit court shall be entitled to
22 receive, unless the fee is excused upon a finding by the
23 court that the defendant is indigent, in addition to
24 other fees or costs allowed or imposed by law, the sum of
25 $62.50 as a fee for the services of a jury. The jury fee
26 shall be paid by the defendant at the time of filing his
27 or her jury demand. If the fee is not so paid by the
28 defendant, no jury shall be called, and the case shall be
29 tried by the court without a jury.
30 (x) Transcripts of Judgment.
31 For the filing of a transcript of judgment, the
32 clerk shall be entitled to the same fee as if it were the
33 commencement of a new suit.
34 (y) Change of Venue.
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1 (1) For the filing of a change of case on a change
2 of venue, the clerk shall be entitled to the same fee as
3 if it were the commencement of a new suit.
4 (2) The fee for the preparation and certification
5 of a record on a change of venue to another jurisdiction,
6 when original documents are forwarded, $25.
7 (z) Tax objection complaints.
8 For each tax objection complaint containing one or
9 more tax objections, regardless of the number of parcels
10 involved or the number of taxpayers joining on the
11 complaint, $25.
12 (aa) Tax Deeds.
13 (1) Petition for tax deed, if only one parcel is
14 involved, $150.
15 (2) For each additional parcel, add a fee of $50.
16 (bb) Collections.
17 (1) For all collections made of others, except the
18 State and county and except in maintenance or child
19 support cases, a sum equal to 2.5% of the amount
20 collected and turned over.
21 (2) Interest earned on any funds held by the clerk
22 shall be turned over to the county general fund as an
23 earning of the office.
24 (3) For any check, draft, or other bank instrument
25 returned to the clerk for non-sufficient funds, account
26 closed, or payment stopped, $25.
27 (4) In child support and maintenance cases, the
28 clerk, if authorized by an ordinance of the county board,
29 may collect an annual fee of up to $36 from the person
30 making payment for maintaining child support records and
31 the processing of support orders to the State of Illinois
32 KIDS system and the recording of payments issued by the
33 State Disbursement Unit for the official record of the
34 Court. This fee shall be in addition to and separate
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1 from amounts ordered to be paid as maintenance or child
2 support and shall be deposited into a Separate
3 Maintenance and Child Support Collection Fund, of which
4 the clerk shall be the custodian, ex-officio, to be used
5 by the clerk to maintain child support orders and record
6 all payments issued by the State Disbursement Unit for
7 the official record of the Court. The clerk may recover
8 from the person making the maintenance or child support
9 payment any additional cost incurred in the collection
10 of this annual fee.
11 The clerk shall also be entitled to a fee of $5 for
12 certifications made to the Secretary of State as provided
13 in Section 7-703 of the Family Financial Responsibility
14 Law and these fees shall also be deposited into the
15 Separate Maintenance and Child Support Collection Fund.
16 (cc) Corrections of Numbers.
17 For correction of the case number, case title, or
18 attorney computer identification number, if required by
19 rule of court, on any document filed in the clerk's
20 office, to be charged against the party that filed the
21 document, $15.
22 (dd) Exceptions.
23 (1) The fee requirements of this Section shall not
24 apply to police departments or other law enforcement
25 agencies. In this Section, "law enforcement agency"
26 means an agency of the State or a unit of local
27 government which is vested by law or ordinance with the
28 duty to maintain public order and to enforce criminal
29 laws or ordinances. "Law enforcement agency" also means
30 the Attorney General or any state's attorney.
31 (2) No fee provided herein shall be charged to any
32 unit of local government or school district.
33 (3) The fee requirements of this Section shall not
34 apply to any action instituted under subsection (b) of
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1 Section 11-31-1 of the Illinois Municipal Code by a
2 private owner or tenant of real property within 1200 feet
3 of a dangerous or unsafe building seeking an order
4 compelling the owner or owners of the building to take
5 any of the actions authorized under that subsection.
6 (ee) Adoptions.
7 (1) For an adoption.............................$65
8 (2) Upon good cause shown, the court may waive the
9 adoption filing fee in a special needs adoption. The
10 term "special needs adoption" shall have the meaning
11 ascribed to it by the Illinois Department of Children and
12 Family Services.
13 (ff) Adoption exemptions.
14 No fee other than that set forth in subsection (ee)
15 shall be charged to any person in connection with an
16 adoption proceeding.
17 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
18 92-16, eff. 6-28-01.)
19 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
20 Sec. 27.2. The fees of the clerks of the circuit court
21 in all counties having a population in excess of 500,000
22 650,000 inhabitants but less than 3,000,000 inhabitants in
23 the instances described in this Section shall be as provided
24 in this Section. In those instances where a minimum and
25 maximum fee is stated, counties with more than 500,000
26 inhabitants but less than 3,000,000 inhabitants must charge
27 the minimum fee listed in this Section and may charge up to
28 the maximum fee if the county board has by resolution
29 increased the fee. In addition, the minimum fees authorized
30 provided in this Section shall apply to all units of local
31 government and school districts in counties with more than
32 3,000,000 inhabitants. The fees shall be paid in advance and
33 shall be as follows:
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1 (a) Civil Cases.
2 The fee for filing a complaint, petition, or other
3 pleading initiating a civil action, with the following
4 exceptions, shall be a minimum of $150 and a maximum of
5 $190.
6 (A) When the amount of money or damages or the
7 value of personal property claimed does not exceed
8 $250, a minimum of $10 and a maximum of $15.
9 (B) When that amount exceeds $250 but does not
10 exceed $1,000 $500, a minimum of $20 and a maximum
11 of $40.
12 (C) When that amount exceeds $1,000 $500 but
13 does not exceed $2500, a minimum of $30 and a
14 maximum of $50.
15 (D) When that amount exceeds $2500 but does
16 not exceed $5,000 $15,000, a minimum of $75 and a
17 maximum of $100.
18 (D-5) When the amount exceeds $5,000 but does
19 not exceed $15,000, a minimum of $75 and a maximum
20 of $150.
21 (E) For the exercise of eminent domain, $150.
22 For each additional lot or tract of land or right or
23 interest therein subject to be condemned, the
24 damages in respect to which shall require separate
25 assessment by a jury, $150.
26 (b) Forcible Entry and Detainer.
27 In each forcible entry and detainer case when the
28 plaintiff seeks possession only or unites with his or her
29 claim for possession of the property a claim for rent or
30 damages or both in the amount of $15,000 or less, a
31 minimum of $40 and a maximum of $75. When the plaintiff
32 unites his or her claim for possession with a claim for
33 rent or damages or both exceeding $15,000, a minimum of
34 $150 and a maximum of $225.
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1 (c) Counterclaim or Joining Third Party Defendant.
2 When any defendant files a counterclaim as part of
3 his or her answer or otherwise or joins another party as
4 a third party defendant, or both, the defendant shall pay
5 a fee for each counterclaim or third party action in an
6 amount equal to the fee he or she would have had to pay
7 had he or she brought a separate action for the relief
8 sought in the counterclaim or against the third party
9 defendant, less the amount of the appearance fee, if that
10 has been paid.
11 (d) Confession of Judgment.
12 In a confession of judgment when the amount does not
13 exceed $1500, a minimum of $50 and a maximum of $60.
14 When the amount exceeds $1500, but does not exceed $5,000
15 $15,000, $75 $115. When the amount exceeds $5,000, but
16 does not exceed $15,000, $175. When the amount exceeds
17 $15,000, a minimum of $200 and a maximum of $250.
18 (e) Appearance.
19 The fee for filing an appearance in each civil case
20 shall be a minimum of $50 and a maximum of $75, except as
21 follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, a minimum of;
24 $20 and a maximum of $40.
25 (B) When the amount in the case does not
26 exceed $1500, a minimum of $20 and a maximum of $40.
27 (C) When the that amount in the case exceeds
28 $1500 but does not exceed $15,000, a minimum of $40
29 and a maximum of $60.
30 (f) Garnishment, Wage Deduction, and Citation.
31 In garnishment affidavit, wage deduction affidavit,
32 and citation petition when the amount does not exceed
33 $1,000, a minimum of $10 and a maximum of $15; when the
34 amount exceeds $1,000 but does not exceed $5,000, a
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1 minimum of $20 and a maximum of $30; and when the amount
2 exceeds $5,000, a minimum of $30 and a maximum of $50.
3 (g) Petition to Vacate or Modify.
4 (1) Petition to vacate or modify any final judgment
5 or order of court, except in forcible entry and detainer
6 cases and small claims cases or a petition to reopen an
7 estate, to modify, terminate, or enforce a judgment or
8 order for child or spousal support, or to modify,
9 suspend, or terminate an order for withholding, if filed
10 before 30 days after the entry of the judgment or order,
11 a minimum of $40 and a maximum of $50.
12 (2) Petition to vacate or modify any final judgment
13 or order of court, except a petition to modify,
14 terminate, or enforce a judgment or order for child or
15 spousal support or to modify, suspend, or terminate an
16 order for withholding, if filed later than 30 days after
17 the entry of the judgment or order, a minimum of $60 and
18 a maximum of $75.
19 (3) Petition to vacate order of bond forfeiture, a
20 minimum of $20 and a maximum of $40.
21 (h) Mailing.
22 When the clerk is required to mail, the fee will be
23 a minimum of $6 and a maximum of $10, plus the cost of
24 postage.
25 (i) Certified Copies.
26 Each certified copy of a judgment after the first,
27 except in small claims and forcible entry and detainer
28 cases, a minimum of $10 and a maximum of $15.
29 (j) Habeas Corpus.
30 For filing a petition for relief by habeas corpus, a
31 minimum of $80 and a maximum of $125.
32 (k) Certification, Authentication, and Reproduction.
33 (1) Each certification or authentication for taking
34 the acknowledgment of a deed or other instrument in
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1 writing with the seal of office, a minimum of $4 and a
2 maximum of $6.
3 (2) Court appeals when original documents are
4 forwarded, under 100 pages, plus delivery and costs, a
5 minimum of $50 and a maximum of $75.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, a
8 minimum of $120 and a maximum of $150.
9 (4) Court appeals when original documents are
10 forwarded, over 200 pages, an additional fee of a minimum
11 of 20 and a maximum of 25 cents per page.
12 (5) For reproduction of any document contained in
13 the clerk's files:
14 (A) First page, $2.
15 (B) Next 19 pages, 50 cents per page.
16 (C) All remaining pages, 25 cents per page.
17 (l) Remands.
18 In any cases remanded to the Circuit Court from the
19 Supreme Court or the Appellate Court for a new trial, the
20 clerk shall file the remanding order and reinstate the
21 case with either its original number or a new number. The
22 Clerk shall not charge any new or additional fee for the
23 reinstatement. Upon reinstatement the Clerk shall advise
24 the parties of the reinstatement. A party shall have the
25 same right to a jury trial on remand and reinstatement as
26 he or she had before the appeal, and no additional or new
27 fee or charge shall be made for a jury trial after
28 remand.
29 (m) Record Search.
30 For each record search, within a division or
31 municipal district, the clerk shall be entitled to a
32 search fee of a minimum of $4 and a maximum of $6 for
33 each year searched.
34 (n) Hard Copy.
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1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of a minimum of $4 and a
4 maximum of $6.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code, a minimum of
19 $25 and a maximum of $50.
20 (q) Alias Summons.
21 For each alias summons or citation issued by the
22 clerk, a minimum of $4 and a maximum of $5.
23 (r) Other Fees.
24 Any fees not covered in this Section shall be set by
25 rule or administrative order of the Circuit Court with
26 the approval of the Administrative Office of the Illinois
27 Courts.
28 The clerk of the circuit court may provide
29 additional services for which there is no fee specified
30 by statute in connection with the operation of the
31 clerk's office as may be requested by the public and
32 agreed to by the clerk and approved by the chief judge of
33 the circuit court. Any charges for additional services
34 shall be as agreed to between the clerk and the party
HB1829 Enrolled -19- LRB9205211REtm
1 making the request and approved by the chief judge of the
2 circuit court. Nothing in this subsection shall be
3 construed to require any clerk to provide any service not
4 otherwise required by law.
5 (s) Jury Services.
6 The clerk shall be entitled to receive, in addition
7 to other fees allowed by law, the sum of a minimum of
8 $192.50 and a maximum of $212.50, as a fee for the
9 services of a jury in every civil action not
10 quasi-criminal in its nature and not a proceeding for the
11 exercise of the right of eminent domain and in every
12 other action wherein the right of trial by jury is or may
13 be given by law. The jury fee shall be paid by the party
14 demanding a jury at the time of filing the jury demand.
15 If the fee is not paid by either party, no jury shall be
16 called in the action or proceeding, and the same shall be
17 tried by the court without a jury.
18 (t) Voluntary Assignment.
19 For filing each deed of voluntary assignment, a
20 minimum of $10 and a maximum of $20; for recording the
21 same, a minimum of 25¢ and a maximum of 50¢ for each 100
22 words. Exceptions filed to claims presented to an
23 assignee of a debtor who has made a voluntary assignment
24 for the benefit of creditors shall be considered and
25 treated, for the purpose of taxing costs therein, as
26 actions in which the party or parties filing the
27 exceptions shall be considered as party or parties
28 plaintiff, and the claimant or claimants as party or
29 parties defendant, and those parties respectively shall
30 pay to the clerk the same fees as provided by this
31 Section to be paid in other actions.
32 (u) Expungement Petition.
33 The clerk shall be entitled to receive a fee of a
34 minimum of $30 and a maximum of $60 for each expungement
HB1829 Enrolled -20- LRB9205211REtm
1 petition filed and an additional fee of a minimum of $2
2 and a maximum of $4 for each certified copy of an order
3 to expunge arrest records.
4 (v) Probate.
5 The clerk is entitled to receive the fees specified in
6 this subsection (v), which shall be paid in advance, except
7 that, for good cause shown, the court may suspend, reduce, or
8 release the costs payable under this subsection:
9 (1) For administration of the estate of a decedent
10 (whether testate or intestate) or of a missing person, a
11 minimum of $100 and a maximum of $150, plus the fees
12 specified in subsection (v)(3), except:
13 (A) When the value of the real and personal
14 property does not exceed $15,000, the fee shall be a
15 minimum of $25 and a maximum of $40.
16 (B) When (i) proof of heirship alone is made,
17 (ii) a domestic or foreign will is admitted to
18 probate without administration (including proof of
19 heirship), or (iii) letters of office are issued for
20 a particular purpose without administration of the
21 estate, the fee shall be a minimum of $25 and a
22 maximum of $40.
23 (2) For administration of the estate of a ward, a
24 minimum of $50 and a maximum of $75, plus the fees
25 specified in subsection (v)(3), except:
26 (A) When the value of the real and personal
27 property does not exceed $15,000, the fee shall be a
28 minimum of $25 and a maximum of $40.
29 (B) When (i) letters of office are issued to a
30 guardian of the person or persons, but not of the
31 estate or (ii) letters of office are issued in the
32 estate of a ward without administration of the
33 estate, including filing or joining in the filing of
34 a tax return or releasing a mortgage or consenting
HB1829 Enrolled -21- LRB9205211REtm
1 to the marriage of the ward, the fee shall be a
2 minimum of $10 and a maximum of $20.
3 (3) In addition to the fees payable under
4 subsection (v)(1) or (v)(2) of this Section, the
5 following fees are payable:
6 (A) For each account (other than one final
7 account) filed in the estate of a decedent, or ward,
8 a minimum of $15 and a maximum of $25.
9 (B) For filing a claim in an estate when the
10 amount claimed is $150 or more but less than $500, a
11 minimum of $10 and a maximum of $20; when the amount
12 claimed is $500 or more but less than $10,000, a
13 minimum of $25 and a maximum of $40; when the amount
14 claimed is $10,000 or more, a minimum of $40 and a
15 maximum of $60; provided that the court in allowing
16 a claim may add to the amount allowed the filing fee
17 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 a minimum of $40 and a maximum of $60.
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, a minimum of $10 and a maximum of $30.
33 (F) For each jury demand, a minimum of $102.50
34 and a maximum of $137.50.
HB1829 Enrolled -22- LRB9205211REtm
1 (G) For disposition of the collection of a
2 judgment or settlement of an action or claim for
3 wrongful death of a decedent or of any cause of
4 action of a ward, when there is no other
5 administration of the estate, a minimum of $30 and a
6 maximum of $50, less any amount paid under
7 subsection (v)(1)(B) or (v)(2)(B) except that if the
8 amount involved does not exceed $5,000, the fee,
9 including any amount paid under subsection (v)(1)(B)
10 or (v)(2)(B), shall be a minimum of $10 and a
11 maximum of $20.
12 (H) For each certified copy of letters of
13 office, of court order or other certification, a
14 minimum of $1 and a maximum of $2, plus a minimum of
15 50¢ and a maximum of $1 per page in excess of 3
16 pages for the document certified.
17 (I) For each exemplification, a minimum of $1
18 and a maximum of $2, plus the fee 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
HB1829 Enrolled -23- LRB9205211REtm
1 criminal and quasi-criminal cases from each person
2 convicted or sentenced to supervision therein as follows:
3 (A) Felony complaints, a minimum of $80 and a
4 maximum of $125.
5 (B) Misdemeanor complaints, a minimum of $50
6 and a maximum of $75.
7 (C) Business offense complaints, a minimum of
8 $50 and a maximum of $75.
9 (D) Petty offense complaints, a minimum of $50
10 and a maximum of $75.
11 (E) Minor traffic or ordinance violations,
12 $20.
13 (F) When court appearance required, $30.
14 (G) Motions to vacate or amend final orders, a
15 minimum of $20 and a maximum of $40.
16 (H) Motions to vacate bond forfeiture orders,
17 a minimum of $20 and a maximum of $30.
18 (I) Motions to vacate ex parte judgments,
19 whenever filed, a minimum of $20 and a maximum of
20 $30.
21 (J) Motions to vacate judgment on forfeitures,
22 whenever filed, a minimum of $20 and a maximum of
23 $25.
24 (K) Motions to vacate "failure to appear" or
25 "failure to comply" notices sent to the Secretary of
26 State, a minimum of $20 and a maximum of $40.
27 (2) In counties having a population of more than
28 500,000 650,000 but fewer than 3,000,000 inhabitants,
29 when the violation complaint is issued by a municipal
30 police department, the clerk shall be entitled to costs
31 from each person convicted therein as follows:
32 (A) Minor traffic or ordinance violations,
33 $10.
34 (B) When court appearance required, $15.
HB1829 Enrolled -24- LRB9205211REtm
1 (3) In ordinance violation cases punishable by fine
2 only, the clerk of the circuit court shall be entitled to
3 receive, unless the fee is excused upon a finding by the
4 court that the defendant is indigent, in addition to
5 other fees or costs allowed or imposed by law, the sum of
6 a minimum of $50 and a maximum of $112.50 as a fee for
7 the services of a jury. The jury fee shall be paid by
8 the defendant at the time of filing his or her jury
9 demand. If the fee is not so paid by the defendant, no
10 jury shall be called, and the case shall be tried by the
11 court without a jury.
12 (x) Transcripts of Judgment.
13 For the filing of a transcript of judgment, the
14 clerk shall be entitled to the same fee as if it were the
15 commencement of new suit.
16 (y) Change of Venue.
17 (1) For the filing of a change of case on a change
18 of venue, the clerk shall be entitled to the same fee as
19 if it were the commencement of a new suit.
20 (2) The fee for the preparation and certification
21 of a record on a change of venue to another jurisdiction,
22 when original documents are forwarded, a minimum of $25
23 and a maximum of $40.
24 (z) Tax objection complaints.
25 For each tax objection complaint containing one or
26 more tax objections, regardless of the number of parcels
27 involved or the number of taxpayers joining in the
28 complaint, a minimum of $25 and a maximum of $50.
29 (aa) Tax Deeds.
30 (1) Petition for tax deed, if only one parcel is
31 involved, a minimum of $150 and a maximum of $250.
32 (2) For each additional parcel, add a fee of a
33 minimum of $50 and a maximum of $100.
34 (bb) Collections.
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1 (1) For all collections made of others, except the
2 State and county and except in maintenance or child
3 support cases, a sum equal to a minimum of 2.5% and a
4 maximum of 3.0% of the amount collected and turned over.
5 (2) Interest earned on any funds held by the clerk
6 shall be turned over to the county general fund as an
7 earning of the office.
8 (3) For any check, draft, or other bank instrument
9 returned to the clerk for non-sufficient funds, account
10 closed, or payment stopped, $25.
11 (4) In child support and maintenance cases, the
12 clerk, if authorized by an ordinance of the county board,
13 may collect an annual fee of up to $36 from the person
14 making payment for maintaining child support records and
15 the processing of support orders to the State of Illinois
16 KIDS system and the recording of payments issued by the
17 State Disbursement Unit for the official record of the
18 Court. This fee shall be in addition to and separate from
19 amounts ordered to be paid as maintenance or child
20 support and shall be deposited into a Separate
21 Maintenance and Child Support Collection Fund, of which
22 the clerk shall be the custodian, ex-officio, to be used
23 by the clerk to maintain child support orders and record
24 all payments issued by the State Disbursement Unit for
25 the official record of the Court. The clerk may recover
26 from the person making the maintenance or child support
27 payment any additional cost incurred in the collection of
28 this annual fee.
29 The clerk shall also be entitled to a fee of $5 for
30 certifications made to the Secretary of State as provided
31 in Section 7-703 of the Family Financial Responsibility
32 Law and these fees shall also be deposited into the
33 Separate Maintenance and Child Support Collection Fund.
34 (cc) Corrections of Numbers.
HB1829 Enrolled -26- LRB9205211REtm
1 For correction of the case number, case title, or
2 attorney computer identification number, if required by
3 rule of court, on any document filed in the clerk's
4 office, to be charged against the party that filed the
5 document, a minimum of $15 and a maximum of $25.
6 (dd) Exceptions.
7 The fee requirements of this Section shall not apply
8 to police departments or other law enforcement agencies.
9 In this Section, "law enforcement agency" means an agency
10 of the State or a unit of local government which is
11 vested by law or ordinance with the duty to maintain
12 public order and to enforce criminal laws or ordinances.
13 "Law enforcement agency" also means the Attorney General
14 or any state's attorney. The fee requirements of this
15 Section shall not apply to any action instituted under
16 subsection (b) of Section 11-31-1 of the Illinois
17 Municipal Code by a private owner or tenant of real
18 property within 1200 feet of a dangerous or unsafe
19 building seeking an order compelling the owner or owners
20 of the building to take any of the actions authorized
21 under that subsection.
22 (ee) Adoptions.
23 (1) For an adoption.............................$65
24 (2) Upon good cause shown, the court may waive the
25 adoption filing fee in a special needs adoption. The
26 term "special needs adoption" shall have the meaning
27 ascribed to it by the Illinois Department of Children and
28 Family Services.
29 (ff) Adoption exemptions.
30 No fee other than that set forth in subsection (ee)
31 shall be charged to any person in connection with an
32 adoption proceeding.
33 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
34 92-16, eff. 6-28-01.)
HB1829 Enrolled -27- LRB9205211REtm
1 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
2 Sec. 27.2a. The fees of the clerks of the circuit court
3 in all counties having a population of 3,000,000 or more
4 inhabitants in the instances described in this Section shall
5 be as provided in this Section. In those instances where a
6 minimum and maximum fee is stated, the clerk of the circuit
7 court must charge the minimum fee listed and may charge up to
8 the maximum fee if the county board has by resolution
9 increased the fee. The fees shall be paid in advance and
10 shall be as follows:
11 (a) Civil Cases.
12 The fee for filing a complaint, petition, or other
13 pleading initiating a civil action, with the following
14 exceptions, shall be a minimum of $190 and a maximum of
15 $240.
16 (A) When the amount of money or damages or the
17 value of personal property claimed does not exceed
18 $250, a minimum of $15 and a maximum of $22.
19 (B) When that amount exceeds $250 but does not
20 exceed $1000, a minimum of $40 and a maximum of $75.
21 (C) When that amount exceeds $1000 but does
22 not exceed $2500, a minimum of $50 and a maximum of
23 $80.
24 (D) When that amount exceeds $2500 but does
25 not exceed $5000, a minimum of $100 and a maximum of
26 $130.
27 (E) When that amount exceeds $5000 but does
28 not exceed $15,000, $150.
29 (F) For the exercise of eminent domain, $150.
30 For each additional lot or tract of land or right or
31 interest therein subject to be condemned, the
32 damages in respect to which shall require separate
33 assessment by a jury, $150.
34 (G) For the final determination of parking,
HB1829 Enrolled -28- LRB9205211REtm
1 standing, and compliance violations and final
2 administrative decisions issued after hearings
3 regarding vehicle immobilization and impoundment
4 made pursuant to Sections 3-704.1, 6-306.5, and
5 11-208.3 of the Illinois Vehicle Code, $25.
6 (b) Forcible Entry and Detainer.
7 In each forcible entry and detainer case when the
8 plaintiff seeks possession only or unites with his or her
9 claim for possession of the property a claim for rent or
10 damages or both in the amount of $15,000 or less, a
11 minimum of $75 and a maximum of $140. When the plaintiff
12 unites his or her claim for possession with a claim for
13 rent or damages or both exceeding $15,000, a minimum of
14 $225 and a maximum of $335.
15 (c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of
17 his or her answer or otherwise or joins another party as
18 a third party defendant, or both, the defendant shall pay
19 a fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay
21 had he or she brought a separate action for the relief
22 sought in the counterclaim or against the third party
23 defendant, less the amount of the appearance fee, if that
24 has been paid.
25 (d) Confession of Judgment.
26 In a confession of judgment when the amount does not
27 exceed $1500, a minimum of $60 and a maximum of $70.
28 When the amount exceeds $1500, but does not exceed $5000,
29 a minimum of $75 and a maximum of $150. When the amount
30 exceeds $5000, but does not exceed $15,000, a minimum of
31 $175 and a maximum of $260. When the amount exceeds
32 $15,000, a minimum of $250 and a maximum of $310.
33 (e) Appearance.
34 The fee for filing an appearance in each civil case
HB1829 Enrolled -29- LRB9205211REtm
1 shall be a minimum of $75 and a maximum of $110, except
2 as follows:
3 (A) When the plaintiff in a forcible entry and
4 detainer case seeks possession only, a minimum of
5 $40 and a maximum of $80.
6 (B) When the amount in the case does not
7 exceed $1500, a minimum of $40 and a maximum of $80.
8 (C) When that amount exceeds $1500 but does
9 not exceed $15,000, a minimum of $60 and a maximum
10 of $90.
11 (f) Garnishment, Wage Deduction, and Citation.
12 In garnishment affidavit, wage deduction affidavit,
13 and citation petition when the amount does not exceed
14 $1,000, a minimum of $15 and a maximum of $25; when the
15 amount exceeds $1,000 but does not exceed $5,000, a
16 minimum of $30 and a maximum of $45; and when the amount
17 exceeds $5,000, a minimum of $50 and a maximum of $80.
18 (g) Petition to Vacate or Modify.
19 (1) Petition to vacate or modify any final judgment
20 or order of court, except in forcible entry and detainer
21 cases and small claims cases or a petition to reopen an
22 estate, to modify, terminate, or enforce a judgment or
23 order for child or spousal support, or to modify,
24 suspend, or terminate an order for withholding, if filed
25 before 30 days after the entry of the judgment or order,
26 a minimum of $50 and a maximum of $60.
27 (2) Petition to vacate or modify any final judgment
28 or order of court, except a petition to modify,
29 terminate, or enforce a judgment or order for child or
30 spousal support or to modify, suspend, or terminate an
31 order for withholding, if filed later than 30 days after
32 the entry of the judgment or order, a minimum of $75 and
33 a maximum of $90.
34 (3) Petition to vacate order of bond forfeiture, a
HB1829 Enrolled -30- LRB9205211REtm
1 minimum of $40 and a maximum of $80.
2 (h) Mailing.
3 When the clerk is required to mail, the fee will be
4 a minimum of $10 and a maximum of $15, plus the cost of
5 postage.
6 (i) Certified Copies.
7 Each certified copy of a judgment after the first,
8 except in small claims and forcible entry and detainer
9 cases, a minimum of $15 and a maximum of $20.
10 (j) Habeas Corpus.
11 For filing a petition for relief by habeas corpus, a
12 minimum of $125 and a maximum of $190.
13 (k) Certification, Authentication, and Reproduction.
14 (1) Each certification or authentication for taking
15 the acknowledgment of a deed or other instrument in
16 writing with the seal of office, a minimum of $6 and a
17 maximum of $9.
18 (2) Court appeals when original documents are
19 forwarded, under 100 pages, plus delivery and costs, a
20 minimum of $75 and a maximum of $110.
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery and costs, a
23 minimum of $150 and a maximum of $185.
24 (4) Court appeals when original documents are
25 forwarded, over 200 pages, an additional fee of a minimum
26 of 25 and a maximum of 30 cents per page.
27 (5) For reproduction of any document contained in
28 the clerk's files:
29 (A) First page, $2.
30 (B) Next 19 pages, 50 cents per page.
31 (C) All remaining pages, 25 cents per page.
32 (l) Remands.
33 In any cases remanded to the Circuit Court from the
34 Supreme Court or the Appellate Court for a new trial, the
HB1829 Enrolled -31- LRB9205211REtm
1 clerk shall file the remanding order and reinstate the
2 case with either its original number or a new number.
3 The Clerk shall not charge any new or additional fee for
4 the reinstatement. Upon reinstatement the Clerk shall
5 advise the parties of the reinstatement. A party shall
6 have the same right to a jury trial on remand and
7 reinstatement as he or she had before the appeal, and no
8 additional or new fee or charge shall be made for a jury
9 trial after remand.
10 (m) Record Search.
11 For each record search, within a division or
12 municipal district, the clerk shall be entitled to a
13 search fee of a minimum of $6 and a maximum of $9 for
14 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 a minimum of $6 and a
19 maximum of $9.
20 (o) Index Inquiry and Other Records.
21 No fee shall be charged for a single
22 plaintiff/defendant index inquiry or single case record
23 inquiry when this request is made in person and the
24 records are maintained in a current automated medium, and
25 when no hard copy print output is requested. The fees to
26 be charged for management records, multiple case records,
27 and multiple journal records may be specified by the
28 Chief Judge pursuant to the guidelines for access and
29 dissemination of information approved by the Supreme
30 Court.
31 (p) Commitment Petitions.
32 For filing commitment petitions under the Mental
33 Health and Developmental Disabilities Code, a minimum of
34 $50 and a maximum of $100.
HB1829 Enrolled -32- LRB9205211REtm
1 (q) Alias Summons.
2 For each alias summons or citation issued by the
3 clerk, a minimum of $5 and a maximum of $6.
4 (r) Other Fees.
5 Any fees not covered in this Section shall be set by
6 rule or administrative order of the Circuit Court with
7 the approval of the Administrative Office of the Illinois
8 Courts.
9 The clerk of the circuit court may provide
10 additional services for which there is no fee specified
11 by statute in connection with the operation of the
12 clerk's office as may be requested by the public and
13 agreed to by the clerk and approved by the chief judge of
14 the circuit court. Any charges for additional services
15 shall be as agreed to between the clerk and the party
16 making the request and approved by the chief judge of the
17 circuit court. Nothing in this subsection shall be
18 construed to require any clerk to provide any service not
19 otherwise required by law.
20 (s) Jury Services.
21 The clerk shall be entitled to receive, in addition
22 to other fees allowed by law, the sum of a minimum of
23 $212.50 and maximum of $230, as a fee for the services of
24 a jury in every civil action not quasi-criminal in its
25 nature and not a proceeding for the exercise of the right
26 of eminent domain and in every other action wherein the
27 right of trial by jury is or may be given by law. The
28 jury fee shall be paid by the party demanding a jury at
29 the time of filing the jury demand. If the fee is not
30 paid by either party, no jury shall be called in the
31 action or proceeding, and the same shall be tried by the
32 court without a jury.
33 (t) Voluntary Assignment.
34 For filing each deed of voluntary assignment, a
HB1829 Enrolled -33- LRB9205211REtm
1 minimum of $20 and a maximum of $40; for recording the
2 same, a minimum of 50¢ and a maximum of $0.80 for each
3 100 words. Exceptions filed to claims presented to an
4 assignee of a debtor who has made a voluntary assignment
5 for the benefit of creditors shall be considered and
6 treated, for the purpose of taxing costs therein, as
7 actions in which the party or parties filing the
8 exceptions shall be considered as party or parties
9 plaintiff, and the claimant or claimants as party or
10 parties defendant, and those parties respectively shall
11 pay to the clerk the same fees as provided by this
12 Section to be paid in other actions.
13 (u) Expungement Petition.
14 The clerk shall be entitled to receive a fee of a
15 minimum of $60 and a maximum of $120 for each expungement
16 petition filed and an additional fee of a minimum of $4
17 and a maximum of $8 for each certified copy of an order
18 to expunge arrest records.
19 (v) Probate.
20 The clerk is entitled to receive the fees specified in
21 this subsection (v), which shall be paid in advance, except
22 that, for good cause shown, the court may suspend, reduce, or
23 release the costs payable under this subsection:
24 (1) For administration of the estate of a decedent
25 (whether testate or intestate) or of a missing person, a
26 minimum of $150 and a maximum of $225, plus the fees
27 specified in subsection (v)(3), except:
28 (A) When the value of the real and personal
29 property does not exceed $15,000, the fee shall be a
30 minimum of $40 and a maximum of $65.
31 (B) When (i) proof of heirship alone is made,
32 (ii) a domestic or foreign will is admitted to
33 probate without administration (including proof of
34 heirship), or (iii) letters of office are issued for
HB1829 Enrolled -34- LRB9205211REtm
1 a particular purpose without administration of the
2 estate, the fee shall be a minimum of $40 and a
3 maximum of $65.
4 (2) For administration of the estate of a ward, a
5 minimum of $75 and a maximum of $110, plus the fees
6 specified in subsection (v)(3), except:
7 (A) When the value of the real and personal
8 property does not exceed $15,000, the fee shall be a
9 minimum of $40 and a maximum of $65.
10 (B) When (i) letters of office are issued to a
11 guardian of the person or persons, but not of the
12 estate or (ii) letters of office are issued in the
13 estate of a ward without administration of the
14 estate, including filing or joining in the filing of
15 a tax return or releasing a mortgage or consenting
16 to the marriage of the ward, the fee shall be a
17 minimum of $20 and a maximum of $40.
18 (3) In addition to the fees payable under
19 subsection (v)(1) or (v)(2) of this Section, the
20 following fees are payable:
21 (A) For each account (other than one final
22 account) filed in the estate of a decedent, or ward,
23 a minimum of $25 and a maximum of $40.
24 (B) For filing a claim in an estate when the
25 amount claimed is $150 or more but less than $500, a
26 minimum of $20 and a maximum of $40; when the amount
27 claimed is $500 or more but less than $10,000, a
28 minimum of $40 and a maximum of $65; when the amount
29 claimed is $10,000 or more, a minimum of $60 and a
30 maximum of $90; provided that the court in allowing
31 a claim may add to the amount allowed the filing fee
32 paid by the claimant.
33 (C) For filing in an estate a claim, petition,
34 or supplemental proceeding based upon an action
HB1829 Enrolled -35- LRB9205211REtm
1 seeking equitable relief including the construction
2 or contest of a will, enforcement of a contract to
3 make a will, and proceedings involving testamentary
4 trusts or the appointment of testamentary trustees,
5 a minimum of $60 and a maximum of $90.
6 (D) For filing in an estate (i) the appearance
7 of any person for the purpose of consent or (ii) the
8 appearance of an executor, administrator,
9 administrator to collect, guardian, guardian ad
10 litem, or special administrator, no fee.
11 (E) Except as provided in subsection
12 (v)(3)(D), for filing the appearance of any person
13 or persons, a minimum of $30 and a maximum of $90.
14 (F) For each jury demand, a minimum of $137.50
15 and a maximum of $180.
16 (G) For disposition of the collection of a
17 judgment or settlement of an action or claim for
18 wrongful death of a decedent or of any cause of
19 action of a ward, when there is no other
20 administration of the estate, a minimum of $50 and a
21 maximum of $80, less any amount paid under
22 subsection (v)(1)(B) or (v)(2)(B) except that if the
23 amount involved does not exceed $5,000, the fee,
24 including any amount paid under subsection (v)(1)(B)
25 or (v)(2)(B), shall be a minimum of $20 and a
26 maximum of $40.
27 (H) For each certified copy of letters of
28 office, of court order or other certification, a
29 minimum of $2 and a maximum of $4, plus $1 per page
30 in excess of 3 pages for the document certified.
31 (I) For each exemplification, $2, plus the fee
32 for certification.
33 (4) The executor, administrator, guardian,
34 petitioner, or other interested person or his or her
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1 attorney shall pay the cost of publication by the clerk
2 directly to the newspaper.
3 (5) The person on whose behalf a charge is incurred
4 for witness, court reporter, appraiser, or other
5 miscellaneous fee shall pay the same directly to the
6 person entitled thereto.
7 (6) The executor, administrator, guardian,
8 petitioner, or other interested person or his or her
9 attorney shall pay to the clerk all postage charges
10 incurred by the clerk in mailing petitions, orders,
11 notices, or other documents pursuant to the provisions of
12 the Probate Act of 1975.
13 (w) Criminal and Quasi-Criminal Costs and Fees.
14 (1) The clerk shall be entitled to costs in all
15 criminal and quasi-criminal cases from each person
16 convicted or sentenced to supervision therein as follows:
17 (A) Felony complaints, a minimum of $125 and a
18 maximum of $190.
19 (B) Misdemeanor complaints, a minimum of $75
20 and a maximum of $110.
21 (C) Business offense complaints, a minimum of
22 $75 and a maximum of $110.
23 (D) Petty offense complaints, a minimum of $75
24 and a maximum of $110.
25 (E) Minor traffic or ordinance violations,
26 $30.
27 (F) When court appearance required, $50.
28 (G) Motions to vacate or amend final orders, a
29 minimum of $40 and a maximum of $80.
30 (H) Motions to vacate bond forfeiture orders,
31 a minimum of $30 and a maximum of $45.
32 (I) Motions to vacate ex parte judgments,
33 whenever filed, a minimum of $30 and a maximum of
34 $45.
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1 (J) Motions to vacate judgment on forfeitures,
2 whenever filed, a minimum of $25 and a maximum of
3 $30.
4 (K) Motions to vacate "failure to appear" or
5 "failure to comply" notices sent to the Secretary of
6 State, a minimum of $40 and a maximum of $50.
7 (2) In counties having a population of 3,000,000 or
8 more, when the violation complaint is issued by a
9 municipal police department, the clerk shall be entitled
10 to costs from each person convicted therein as follows:
11 (A) Minor traffic or ordinance violations,
12 $30.
13 (B) When court appearance required, $50.
14 (3) In ordinance violation cases punishable by fine
15 only, the clerk of the circuit court shall be entitled to
16 receive, unless the fee is excused upon a finding by the
17 court that the defendant is indigent, in addition to
18 other fees or costs allowed or imposed by law, the sum of
19 a minimum of $112.50 and a maximum of $250 as a fee for
20 the services of a jury. The jury fee shall be paid by
21 the defendant at the time of filing his or her jury
22 demand. If the fee is not so paid by the defendant, no
23 jury shall be called, and the case shall be tried by the
24 court without a jury.
25 (x) Transcripts of Judgment.
26 For the filing of a transcript of judgment, the
27 clerk shall be entitled to the same fee as if it were the
28 commencement of a new suit.
29 (y) Change of Venue.
30 (1) For the filing of a change of case on a change
31 of venue, the clerk shall be entitled to the same fee as
32 if it were the commencement of a new suit.
33 (2) The fee for the preparation and certification
34 of a record on a change of venue to another jurisdiction,
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1 when original documents are forwarded, a minimum of $40
2 and a maximum of $65.
3 (z) Tax objection complaints.
4 For each tax objection complaint containing one or
5 more tax objections, regardless of the number of parcels
6 involved or the number of taxpayers joining in the
7 complaint, a minimum of $50 and a maximum of $100.
8 (aa) Tax Deeds.
9 (1) Petition for tax deed, if only one parcel is
10 involved, a minimum of $250 and a maximum of $400.
11 (2) For each additional parcel, add a fee of a
12 minimum of $100 and a maximum of $200.
13 (bb) Collections.
14 (1) For all collections made of others, except the
15 State and county and except in maintenance or child
16 support cases, a sum equal to 3.0% of the amount
17 collected and turned over.
18 (2) Interest earned on any funds held by the clerk
19 shall be turned over to the county general fund as an
20 earning of the office.
21 (3) For any check, draft, or other bank instrument
22 returned to the clerk for non-sufficient funds, account
23 closed, or payment stopped, $25.
24 (4) In child support and maintenance cases, the
25 clerk, if authorized by an ordinance of the county board,
26 may collect an annual fee of up to $36 from the person
27 making payment for maintaining child support records and
28 the processing of support orders to the State of Illinois
29 KIDS system and the recording of payments issued by the
30 State Disbursement Unit for the official record of the
31 Court. This fee shall be in addition to and separate
32 from amounts ordered to be paid as maintenance or child
33 support and shall be deposited into a Separate
34 Maintenance and Child Support Collection Fund, of which
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1 the clerk shall be the custodian, ex-officio, to be used
2 by the clerk to maintain child support orders and record
3 all payments issued by the State Disbursement Unit for
4 the official record of the Court. The clerk may recover
5 from the person making the maintenance or child support
6 payment any additional cost incurred in the collection of
7 this annual fee.
8 The clerk shall also be entitled to a fee of $5 for
9 certifications made to the Secretary of State as provided
10 in Section 7-703 of the Family Financial Responsibility
11 Law and these fees shall also be deposited into the
12 Separate Maintenance and Child Support Collection Fund.
13 (cc) Corrections of Numbers.
14 For correction of the case number, case title, or
15 attorney computer identification number, if required by
16 rule of court, on any document filed in the clerk's
17 office, to be charged against the party that filed the
18 document, a minimum of $25 and a maximum of $40.
19 (dd) Exceptions.
20 (1) The fee requirements of this Section shall not
21 apply to police departments or other law enforcement
22 agencies. In this Section, "law enforcement agency"
23 means an agency of the State or a unit of local
24 government which is vested by law or ordinance with the
25 duty to maintain public order and to enforce criminal
26 laws or ordinances. "Law enforcement agency" also means
27 the Attorney General or any state's attorney.
28 (2) No fee provided herein shall be charged to any
29 unit of local government or school district. The fee
30 requirements of this Section shall not apply to any
31 action instituted under subsection (b) of Section 11-31-1
32 of the Illinois Municipal Code by a private owner or
33 tenant of real property within 1200 feet of a dangerous
34 or unsafe building seeking an order compelling the owner
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1 or owners of the building to take any of the actions
2 authorized under that subsection.
3 (ee) Adoption.
4 (1) For an adoption.............................$65
5 (2) Upon good cause shown, the court may waive the
6 adoption filing fee in a special needs adoption. The
7 term "special needs adoption" shall have the meaning
8 ascribed to it by the Illinois Department of Children and
9 Family Services.
10 (ff) Adoption exemptions.
11 No fee other than that set forth in subsection (ee)
12 shall be charged to any person in connection with an
13 adoption proceeding.
14 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
15 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff.
16 6-13-00.)
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