093_SB0149sam001
LRB093 07530 LCB 13237 a
1 AMENDMENT TO SENATE BILL 149
2 AMENDMENT NO. . Amend Senate Bill 149 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Clerks of Courts Act is amended by
5 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases.
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family.
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, filing
18 transcript of commitment proceedings held in
19 another county, and cases under the Juvenile Court
20 Act of 1987........................................ $25
21 (2) Petition for Marriage Licenses........... $10
22 (3) Marriages in Court....................... $10
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1 (4) Paternity................................ $40
2 (c) Criminal and Quasi-Criminal.
3 (1) Each person convicted of a felony........ $40
4 (2) Each person convicted of a misdemeanor,
5 leaving scene of an accident, driving while
6 intoxicated, reckless driving or drag racing,
7 driving when license revoked or suspended,
8 overweight, or no interstate commerce certificate,
9 or when the disposition is court supervision....... $25
10 (3) Each person convicted of a business
11 offense............................................ $25
12 (4) Each person convicted of a petty offense. $25
13 (5) Minor traffic, conservation, or
14 ordinance violation, including without limitation
15 when the disposition is court supervision:
16 (i) For each offense.................... $10
17 (ii) For each notice sent to the
18 defendant's last known address pursuant to
19 subsection (c) of Section 6-306.4 of the Illinois
20 Vehicle Code....................................... $2
21 (iii) For each notice sent to the
22 Secretary of State pursuant to subsection (c) of
23 Section 6-306.4 of the Illinois Vehicle Code....... $2
24 (6) When Court Appearance required........... $15
25 (7) Motions to vacate or amend final orders.. $10
26 (8) In ordinance violation cases punishable
27 by fine only, the clerk of the circuit court shall
28 be entitled to receive, unless the fee is excused
29 upon a finding by the court that the defendant is
30 indigent, in addition to other fees or costs
31 allowed or imposed by law, the sum of $62.50 as a
32 fee for the services of a jury. The jury fee shall
33 be paid by the defendant at the time of filing his
34 or her jury demand. If the fee is not so paid by
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1 the defendant, no jury shall be called, and the
2 case shall be tried by the court without a jury.
3 (d) Other Civil Cases.
4 (1) Money or personal property claimed does
5 not exceed $500.................................... $10
6 (2) Exceeds $500 but not more than $10,000... $25
7 (3) Exceeds $10,000, when relief in addition
8 to or supplemental to recovery of money alone is
9 sought in an action to recover personal property
10 taxes or retailers occupational tax regardless of
11 amount claimed..................................... $45
12 (4) The Clerk of the Circuit Court shall be
13 entitled to receive, in addition to other fees
14 allowed by law, the sum of $62.50, as a fee for the
15 services of a jury in every civil action not
16 quasi-criminal in its nature and not a proceeding
17 for the exercise of the right of eminent domain,
18 and in every equitable action wherein the right of
19 trial by jury is or may be given by law. The jury
20 fee shall be paid by the party demanding a jury at
21 the time of filing his jury demand. If such a fee
22 is not paid by either party, no jury shall be
23 called in the action, suit, or proceeding, and the
24 same shall be tried by the court without a jury.
25 (e) Confession of judgment and answer.
26 (1) When the amount does not exceed $1,000... $20
27 (2) Exceeds $1,000........................... $40
28 (f) Auxiliary Proceedings.
29 Any auxiliary proceeding relating to the
30 collection of a money judgment, including
31 garnishment, citation, or wage deduction action.... $5
32 (g) Forcible entry and detainer.
33 (1) For possession only or possession and
34 rent not in excess of $10,000...................... $10
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1 (2) For possession and rent in excess of
2 $10,000............................................ $40
3 (h) Eminent Domain.
4 (1) Exercise of Eminent Domain............... $45
5 (2) For each and every lot or tract of land
6 or right or interest therein subject to be
7 condemned, the damages in respect to which shall
8 require separate assessments by a jury............. $45
9 (i) Reinstatement.
10 Each case including petition for modification
11 of a judgment or order of Court if filed later than
12 30 days after the entry of a judgment or order,
13 except in forcible entry and detainer cases and
14 small claims and except a petition to modify,
15 terminate, or enforce a judgement or order for
16 child or spousal support or to modify, suspend, or
17 terminate an order for withholding, petition to
18 vacate judgment of dismissal for want of
19 prosecution whenever filed, petition to reopen an
20 estate, or redocketing of any cause................ $20
21 (j) Probate.
22 (1) Administration of decedent's estates,
23 whether testate or intestate, guardianships of the
24 person or estate or both of a person under legal
25 disability, guardianships of the person or estate
26 or both of a minor or minors, or petitions to sell
27 real estate in the administration of any estate.... $50
28 (2) Small estates in cases where the real and
29 personal property of an estate does not exceed
30 $5,000............................................. $25
31 (3) At any time during the administration of
32 the estate, however, at the request of the Clerk,
33 the Court shall examine the record of the estate
34 and the personal representative to determine the
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1 total value of the real and personal property of
2 the estate, and if such value exceeds $5,000 shall
3 order the payment of an additional fee in the
4 amount of.......................................... $40
5 (4) Inheritance tax proceedings.............. $15
6 (5) Issuing letters only for a certain
7 specific reason other than the administration of an
8 estate, including but not limited to the release of
9 mortgage; the issue of letters of guardianship in
10 order that consent to marriage may be granted or
11 for some other specific reason other than for the
12 care of property or person; proof of heirship
13 without administration; or when a will is to be
14 admitted to probate, but the estate is to be
15 settled without administration..................... $10
16 (6) When a separate complaint relating to any
17 matter other than a routine claim is filed in an
18 estate, the required additional fee shall be
19 charged for such filing............................ $45
20 (k) Change of Venue.
21 From a court, the charge is the same amount as
22 the original filing fee; however, the fee for
23 preparation and certification of record on change
24 of venue, when original documents or copies are
25 forwarded.......................................... $10
26 (l) Answer, adverse pleading, or appearance.
27 In civil cases................................ $15
28 With the following exceptions:
29 (1) When the amount does not exceed $500..... $5
30 (2) When amount exceeds $500 but not $10,000. $10
31 (3) When amount exceeds $10,000.............. $15
32 (4) Court appeals when documents are
33 forwarded, over 200 pages, additional fee per page
34 over 200........................................... 10¢
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1 (m) Tax objection complaints.
2 For each tax objection complaint containing
3 one or more tax objections, regardless of the
4 number of parcels involved or the number of
5 taxpayers joining the complaint.................... $10
6 (n) Tax deed.
7 (1) Petition for tax deed, if only one parcel
8 is involved........................................ $45
9 (2) For each additional parcel involved, an
10 additional fee of.................................. $10
11 (o) Mailing Notices and Processes.
12 (1) All notices that the clerk is required to
13 mail as first class mail........................... $2
14 (2) For all processes or notices the Clerk is
15 required to mail by certified or registered mail,
16 the fee will be $2 plus cost of postage.
17 (p) Certification or Authentication.
18 (1) Each certification or authentication for
19 taking the acknowledgement of a deed or other
20 instrument in writing with seal of office.......... $2
21 (2) Court appeals when original documents are
22 forwarded, 100 pages or under, plus delivery costs. $25
23 (3) Court appeals when original documents are
24 forwarded, over 100 pages, plus delivery costs..... $60
25 (4) Court appeals when original documents are
26 forwarded, over 200 pages, additional fee per page
27 over 200........................................... 10¢
28 (q) Reproductions.
29 Each record of proceedings and judgment,
30 whether on appeal, change of venue, certified
31 copies of orders and judgments, and all other
32 instruments, documents, records, or papers:
33 (1) First page.......................... $1
34 (2) Next 19 pages, per page............. 50¢
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1 (3) All remaining pages, per page....... 25¢
2 (r) Counterclaim.
3 When any defendant files a counterclaim as
4 part of his or her answer or otherwise, or joins
5 another party as a third party defendant, or both,
6 he or she shall pay a fee for each such
7 counterclaim or third party action in an amount
8 equal to the fee he or she would have had to pay
9 had he or she brought a separate action for the
10 relief sought in the counterclaim or against the
11 third party defendant, less the amount of the
12 appearance fee, if that has been paid.
13 (s) Transcript of Judgment.
14 From a court, the same fee as if case
15 originally filed.
16 (t) Publications.
17 The cost of publication shall be paid directly
18 to the publisher by the person seeking the
19 publication, whether the clerk is required by law
20 to publish, or the parties to the action.
21 (u) Collections.
22 (1) For all collections made for others,
23 except the State and County and except in
24 maintenance or child support cases, a sum equal to
25 2% of the amount collected and turned over.
26 (2) In any cases remanded to the Circuit
27 Court from the Supreme Court or the Appellate
28 Court, the Clerk shall file the remanding order and
29 reinstate the case with either its original number
30 or a new number. The Clerk shall not charge any
31 new or additional fee for the reinstatement. Upon
32 reinstatement the Clerk shall advise the parties of
33 the reinstatement. A party shall have the same
34 right to a jury trial on remand and reinstatement
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1 as he or she had before the appeal, and no
2 additional or new fee or charge shall be made for a
3 jury trial after remand.
4 (3) In maintenance and child support matters,
5 the Clerk may deduct from each payment an amount
6 equal to the United States postage to be used in
7 mailing the maintenance or child support check to
8 the recipient. In such cases, the Clerk shall
9 collect an annual fee of up to $36 from the person
10 making such payment for maintaining child support
11 records and the processing of support orders to the
12 State of Illinois KIDS system and the recording of
13 payments issued by the State Disbursement Unit for
14 the official record of the Court. Such sum shall be
15 in addition to and separate from amounts ordered to
16 be paid as maintenance or child support and shall
17 be deposited in a separate Maintenance and Child
18 Support Collection Fund of which the Clerk shall be
19 the custodian, ex officio, to be used by the Clerk
20 to maintain child support orders and record all
21 payments issued by the State Disbursement Unit for
22 the official record of the Court. Unless paid in
23 cash or pursuant to an order for withholding, the
24 payment of the fee shall be by a separate
25 instrument from the support payment and shall be
26 made to the order of the Clerk. The Clerk may
27 recover from the person making the maintenance or
28 child support payment any additional cost incurred
29 in the collection of this annual fee.
30 (4) Interest earned on any funds held by the
31 clerk shall be turned over to the county general
32 fund as an earning of the office.
33 The Clerk shall also be entitled to a fee of
34 $5 for certifications made to the Secretary of
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1 State as provided in Section 7-703 of the Family
2 Financial Responsibility Law and these fees shall
3 also be deposited into the Separate Maintenance and
4 Child Support Collection Fund.
5 (v) Correction of Cases.
6 For correcting the case number or case title
7 on any document filed in his office, to be charged
8 against the party that filed the document.......... $10
9 (w) Record Search.
10 For searching a record, per year searched..... $4
11 (x) Printed Output.
12 For each page of hard copy print output, when
13 case records are maintained on an automated medium. $2
14 (y) Alias Summons.
15 For each alias summons issued................. $2
16 (z) Expungement of Records.
17 For each expungement petition filed........... $15
18 (aa) Other Fees.
19 Any fees not covered by this Section shall be set by
20 rule or administrative order of the Circuit Court, with
21 the approval of the Supreme Court.
22 (bb) Exemptions.
23 No fee provided for herein shall be charged to any
24 unit of State or local government or school district
25 unless the Court orders another party to pay such fee on
26 its behalf. The fee requirements of this Section shall
27 not apply to police departments or other law enforcement
28 agencies. In this Section, "law enforcement agency" means
29 an agency of the State or a unit of local government that
30 is vested by law or ordinance with the duty to maintain
31 public order and to enforce criminal laws and ordinances.
32 The fee requirements of this Section shall not apply to
33 any action instituted under subsection (b) of Section
34 11-31-1 of the Illinois Municipal Code by a private owner
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1 or tenant of real property within 1200 feet of a
2 dangerous or unsafe building seeking an order compelling
3 the owner or owners of the building to take any of the
4 actions authorized under that subsection.
5 (cc) Adoptions.
6 (1) For an adoption.............................$65
7 (2) Upon good cause shown, the court may waive the
8 adoption filing fee in a special needs adoption. The
9 term "special needs adoption" shall have the meaning
10 ascribed to it by the Illinois Department of Children and
11 Family Services.
12 (dd) Adoption exemptions.
13 No fee other than that set forth in subsection (cc)
14 shall be charged to any person in connection with an
15 adoption proceeding nor may any fee be charged for
16 proceedings for the appointment of a confidential
17 intermediary under the Adoption Act.
18 (ee) Additional Services.
19 Beginning July 1, 1993, the clerk of the circuit
20 court may provide such additional services for which
21 there is no fee specified by statute in connection with
22 the operation of the clerk's office as may be requested
23 by the public and agreed to by the public and by the
24 clerk and approved by the chief judge of the circuit
25 court. Any charges for additional services shall be as
26 agreed to between the clerk and the party making the
27 request and approved by the chief judge of the circuit
28 court. Nothing in this subsection shall be construed to
29 require any clerk to provide any service not otherwise
30 required by law.
31 (ff) Returned checks.
32 For each check delivered to the clerk that is not
33 honored on 2 occasions by the financial institution upon
34 which it is drawn because of insufficient funds in the
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1 account, because the account is closed, because there is
2 no account, or because a stop payment has been placed on
3 the check, in addition to the amount already owed....$25.
4 (Source: P.A. 91-165, eff. 7-16-99; 91-321, eff. 1-1-00;
5 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; 92-16, eff.
6 6-28-01; 92-114, eff. 1-1-02.)
7 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
8 Sec. 27.1a. The fees of the clerks of the circuit court
9 in all counties having a population in excess of 180,000 but
10 not more than 500,000 inhabitants in the instances described
11 in this Section shall be as provided in this Section. The
12 fees shall be paid in advance and shall be as 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.
32 For filing a petition under the Juvenile Court Act
33 of 1987, $25.
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1 For filing a petition for a marriage license, $10.
2 For performing a marriage in court, $10.
3 For filing a petition under the Illinois Parentage
4 Act of 1984, $40.
5 (b) Forcible Entry and Detainer.
6 In each forcible entry and detainer case when the
7 plaintiff seeks possession only or unites with his or her
8 claim for possession of the property a claim for rent or
9 damages or both in the amount of $15,000 or less, $40.
10 When the plaintiff unites his or her claim for possession
11 with a claim for rent or damages or both exceeding
12 $15,000, $150.
13 (c) Counterclaim or Joining Third Party Defendant.
14 When any defendant files a counterclaim as part of
15 his or her answer or otherwise or joins another party as
16 a third party defendant, or both, the defendant shall pay
17 a fee for each counterclaim or third party action in an
18 amount equal to the fee he or she would have had to pay
19 had he or she brought a separate action for the relief
20 sought in the counterclaim or against the third party
21 defendant, less the amount of the appearance fee, if that
22 has been paid.
23 (d) Confession of Judgment.
24 In a confession of judgment when the amount does not
25 exceed $1500, $50. When the amount exceeds $1500, but
26 does not exceed $15,000, $115. When the amount exceeds
27 $15,000, $200.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be $50, except as follows:
31 (A) When the plaintiff in a forcible entry and
32 detainer case seeks possession only, $20.
33 (B) When the amount in the case does not
34 exceed $1500, $20.
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1 (C) When that amount exceeds $1500 but does
2 not exceed $15,000, $40.
3 (f) Garnishment, Wage Deduction, and Citation.
4 In garnishment affidavit, wage deduction affidavit,
5 and citation petition when the amount does not exceed
6 $1,000, $10; when the amount exceeds $1,000 but does not
7 exceed $5,000, $20; and when the amount exceeds $5,000,
8 $30.
9 (g) Petition to Vacate or Modify.
10 (1) Petition to vacate or modify any final judgment
11 or order of court, except in forcible entry and detainer
12 cases and small claims cases or a petition to reopen an
13 estate, to modify, terminate, or enforce a judgment or
14 order for child or spousal support, or to modify,
15 suspend, or terminate an order for withholding, if filed
16 before 30 days after the entry of the judgment or order,
17 $40.
18 (2) Petition to vacate or modify any final judgment
19 or order of court, except a petition to modify,
20 terminate, or enforce a judgment or order for child or
21 spousal support or to modify, suspend, or terminate an
22 order for withholding, if filed later than 30 days after
23 the entry of the judgment or order, $60.
24 (3) Petition to vacate order of bond forfeiture,
25 $20.
26 (h) Mailing.
27 When the clerk is required to mail, the fee will be
28 $6, plus the cost of postage.
29 (i) Certified Copies.
30 Each certified copy of a judgment after the first,
31 except in small claims and forcible entry and detainer
32 cases, $10.
33 (j) Habeas Corpus.
34 For filing a petition for relief by habeas corpus,
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1 $80.
2 (k) Certification, Authentication, and Reproduction.
3 (1) Each certification or authentication for taking
4 the acknowledgment of a deed or other instrument in
5 writing with the seal of office, $4.
6 (2) Court appeals when original documents are
7 forwarded, under 100 pages, plus delivery and costs, $50.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, $120.
10 (4) Court appeals when original documents are
11 forwarded, over 200 pages, an additional fee of 20 cents
12 per page.
13 (5) For reproduction of any document contained in
14 the clerk's files:
15 (A) First page, $2.
16 (B) Next 19 pages, 50 cents per page.
17 (C) All remaining pages, 25 cents per page.
18 (l) Remands.
19 In any cases remanded to the Circuit Court from the
20 Supreme Court or the Appellate Court for a new trial, the
21 clerk shall file the remanding order and reinstate the
22 case with either its original number or a new number. The
23 Clerk shall not charge any new or additional fee for the
24 reinstatement. Upon reinstatement the Clerk shall advise
25 the parties of the reinstatement. A party shall have the
26 same right to a jury trial on remand and reinstatement as
27 he or she had before the appeal, and no additional or new
28 fee or charge shall be made for a jury trial after
29 remand.
30 (m) Record Search.
31 For each record search, within a division or
32 municipal district, the clerk shall be entitled to a
33 search fee of $4 for 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 $4.
4 (o) Index Inquiry and Other Records.
5 No fee shall be charged for a single
6 plaintiff/defendant index inquiry or single case record
7 inquiry when this request is made in person and the
8 records are maintained in a current automated medium, and
9 when no hard copy print output is requested. The fees to
10 be charged for management records, multiple case records,
11 and multiple journal records may be specified by the
12 Chief Judge pursuant to the guidelines for access and
13 dissemination of information approved by the Supreme
14 Court.
15 (p) Commitment Petitions.
16 For filing commitment petitions under the Mental
17 Health and Developmental Disabilities Code and for filing
18 a transcript of commitment proceedings held in another
19 county, $25.
20 (q) Alias Summons.
21 For each alias summons or citation issued by the
22 clerk, $4.
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
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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 $192.50, as a
8 fee for the services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding for the
10 exercise of the right of eminent domain and in every
11 other action wherein the right of trial by jury is or may
12 be given by law. The jury fee shall be paid by the party
13 demanding a jury at the time of filing the jury demand.
14 If the fee is not paid by either party, no jury shall be
15 called in the action or proceeding, and the same shall be
16 tried by the court without a jury.
17 (t) Voluntary Assignment.
18 For filing each deed of voluntary assignment, $10;
19 for recording the same, 25¢ for each 100 words.
20 Exceptions filed to claims presented to an assignee of a
21 debtor who has made a voluntary assignment for the
22 benefit of creditors shall be considered and treated, for
23 the purpose of taxing costs therein, as actions in which
24 the party or parties filing the exceptions shall be
25 considered as party or parties plaintiff, and the
26 claimant or claimants as party or parties defendant, and
27 those parties respectively shall pay to the clerk the
28 same fees as provided by this Section to be paid in other
29 actions.
30 (u) Expungement Petition.
31 The clerk shall be entitled to receive a fee of $30
32 for each expungement petition filed and an additional fee
33 of $2 for each certified copy of an order to expunge
34 arrest records.
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1 (v) Probate.
2 The clerk is entitled to receive the fees specified
3 in this subsection (v), which shall be paid in advance,
4 except that, for good cause shown, the court may suspend,
5 reduce, or release the costs payable under this
6 subsection:
7 (1) For administration of the estate of a decedent
8 (whether testate or intestate) or of a missing person,
9 $100, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $25.
14 (B) When (i) proof of heirship alone is made,
15 (ii) a domestic or foreign will is admitted to
16 probate without administration (including proof of
17 heirship), or (iii) letters of office are issued for
18 a particular purpose without administration of the
19 estate, the fee shall be $25.
20 (2) For administration of the estate of a ward,
21 $50, 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 $25.
26 (B) When (i) letters of office are issued to a
27 guardian of the person or persons, but not of the
28 estate or (ii) letters of office are issued in the
29 estate of a ward without administration of the
30 estate, including filing or joining in the filing of
31 a tax return or releasing a mortgage or consenting
32 to the marriage of the ward, the fee shall be $10.
33 (3) In addition to the fees payable under
34 subsection (v)(1) or (v)(2) of this Section, the
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1 following fees are payable:
2 (A) For each account (other than one final
3 account) filed in the estate of a decedent, or ward,
4 $15.
5 (B) For filing a claim in an estate when the
6 amount claimed is $150 or more but less than $500,
7 $10; when the amount claimed is $500 or more but
8 less than $10,000, $25; when the amount claimed is
9 $10,000 or more, $40; provided that the court in
10 allowing a claim may add to the amount allowed the
11 filing fee paid by the claimant.
12 (C) For filing in an estate a claim, petition,
13 or supplemental proceeding based upon an action
14 seeking equitable relief including the construction
15 or contest of a will, enforcement of a contract to
16 make a will, and proceedings involving testamentary
17 trusts or the appointment of testamentary trustees,
18 $40.
19 (D) For filing in an estate (i) the appearance
20 of any person for the purpose of consent or (ii) the
21 appearance of an executor, administrator,
22 administrator to collect, guardian, guardian ad
23 litem, or special administrator, no fee.
24 (E) Except as provided in subsection
25 (v)(3)(D), for filing the appearance of any person
26 or persons, $10.
27 (F) For each jury demand, $102.50.
28 (G) For disposition of the collection of a
29 judgment or settlement of an action or claim for
30 wrongful death of a decedent or of any cause of
31 action of a ward, when there is no other
32 administration of the estate, $30, less any amount
33 paid under subsection (v)(1)(B) or (v)(2)(B) except
34 that if the amount involved does not exceed $5,000,
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1 the fee, including any amount paid under subsection
2 (v)(1)(B) or (v)(2)(B), shall be $10.
3 (H) For each certified copy of letters of
4 office, of court order or other certification, $1,
5 plus 50¢ per page in excess of 3 pages for the
6 document certified.
7 (I) For each exemplification, $1, plus the fee
8 for certification.
9 (4) The executor, administrator, guardian,
10 petitioner, or other interested person or his or her
11 attorney shall pay the cost of publication by the clerk
12 directly to the newspaper.
13 (5) The person on whose behalf a charge is incurred
14 for witness, court reporter, appraiser, or other
15 miscellaneous fee shall pay the same directly to the
16 person entitled thereto.
17 (6) The executor, administrator, guardian,
18 petitioner, or other interested person or his or her
19 attorney shall pay to the clerk all postage charges
20 incurred by the clerk in mailing petitions, orders,
21 notices, or other documents pursuant to the provisions of
22 the Probate Act of 1975.
23 (w) Criminal and Quasi-Criminal Costs and Fees.
24 (1) The clerk shall be entitled to costs in all
25 criminal and quasi-criminal cases from each person
26 convicted or sentenced to supervision therein as follows:
27 (A) Felony complaints, $80.
28 (B) Misdemeanor complaints, $50.
29 (C) Business offense complaints, $50.
30 (D) Petty offense complaints, $50.
31 (E) Minor traffic or ordinance violations,
32 $20.
33 (F) When court appearance required, $30.
34 (G) Motions to vacate or amend final orders,
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1 $20.
2 (H) Motions to vacate bond forfeiture orders,
3 $20.
4 (I) Motions to vacate ex parte judgments,
5 whenever filed, $20.
6 (J) Motions to vacate judgment on forfeitures,
7 whenever filed, $20.
8 (K) Motions to vacate "failure to appear" or
9 "failure to comply" notices sent to the Secretary of
10 State, $20.
11 (2) In counties having a population in excess of
12 180,000 but not more than 500,000 inhabitants, when the
13 violation complaint is issued by a municipal police
14 department, the clerk shall be entitled to costs from
15 each person convicted therein as follows:
16 (A) Minor traffic or ordinance violations,
17 $10.
18 (B) When court appearance required, $15.
19 (3) In ordinance violation cases punishable by fine
20 only, the clerk of the circuit court shall be entitled to
21 receive, unless the fee is excused upon a finding by the
22 court that the defendant is indigent, in addition to
23 other fees or costs allowed or imposed by law, the sum of
24 $62.50 as a fee for the services of a jury. The jury fee
25 shall be paid by the defendant at the time of filing his
26 or her jury demand. If the fee is not so paid by the
27 defendant, no jury shall be called, and the case shall be
28 tried by the court without a jury.
29 (x) Transcripts of Judgment.
30 For the filing of a transcript of judgment, the
31 clerk shall be entitled to the same fee as if it were the
32 commencement of a new suit.
33 (y) Change of Venue.
34 (1) For the filing of a change of case on a change
-21- LRB093 07530 LCB 13237 a
1 of venue, the clerk shall be entitled to the same fee as
2 if it were the commencement of a new suit.
3 (2) The fee for the preparation and certification
4 of a record on a change of venue to another jurisdiction,
5 when original documents are forwarded, $25.
6 (z) Tax objection complaints.
7 For each tax objection complaint containing one or
8 more tax objections, regardless of the number of parcels
9 involved or the number of taxpayers joining on the
10 complaint, $25.
11 (aa) Tax Deeds.
12 (1) Petition for tax deed, if only one parcel is
13 involved, $150.
14 (2) For each additional parcel, add a fee of $50.
15 (bb) Collections.
16 (1) For all collections made of others, except the
17 State and county and except in maintenance or child
18 support cases, a sum equal to 2.5% of the amount
19 collected and turned over.
20 (2) Interest earned on any funds held by the clerk
21 shall be turned over to the county general fund as an
22 earning of the office.
23 (3) For any check, draft, or other bank instrument
24 returned to the clerk for non-sufficient funds, account
25 closed, or payment stopped, $25.
26 (4) In child support and maintenance cases, the
27 clerk, if authorized by an ordinance of the county board,
28 may collect an annual fee of up to $36 from the person
29 making payment for maintaining child support records and
30 the processing of support orders to the State of Illinois
31 KIDS system and the recording of payments issued by the
32 State Disbursement Unit for the official record of the
33 Court. This fee shall be in addition to and separate
34 from amounts ordered to be paid as maintenance or child
-22- LRB093 07530 LCB 13237 a
1 support and shall be deposited into a Separate
2 Maintenance and Child Support Collection Fund, of which
3 the clerk shall be the custodian, ex-officio, to be used
4 by the clerk to maintain child support orders and record
5 all payments issued by the State Disbursement Unit for
6 the official record of the Court. The clerk may recover
7 from the person making the maintenance or child support
8 payment any additional cost incurred in the collection
9 of this annual fee.
10 The clerk shall also be entitled to a fee of $5 for
11 certifications made to the Secretary of State as provided
12 in Section 7-703 of the Family Financial Responsibility
13 Law and these fees shall also be deposited into the
14 Separate Maintenance and Child Support Collection Fund.
15 (cc) Corrections of Numbers.
16 For correction of the case number, case title, or
17 attorney computer identification number, if required by
18 rule of court, on any document filed in the clerk's
19 office, to be charged against the party that filed the
20 document, $15.
21 (dd) Exceptions.
22 (1) The fee requirements of this Section shall not
23 apply to police departments or other law enforcement
24 agencies. In this Section, "law enforcement agency"
25 means an agency of the State or a unit of local
26 government which is vested by law or ordinance with the
27 duty to maintain public order and to enforce criminal
28 laws or ordinances. "Law enforcement agency" also means
29 the Attorney General or any state's attorney.
30 (2) No fee provided herein shall be charged to any
31 unit of local government or school district.
32 (3) The fee requirements of this Section shall not
33 apply to any action instituted under subsection (b) of
34 Section 11-31-1 of the Illinois Municipal Code by a
-23- LRB093 07530 LCB 13237 a
1 private owner or tenant of real property within 1200 feet
2 of a dangerous or unsafe building seeking an order
3 compelling the owner or owners of the building to take
4 any of the actions authorized under that subsection.
5 (ee) Adoptions.
6 (1) For an adoption.............................$65
7 (2) Upon good cause shown, the court may waive the
8 adoption filing fee in a special needs adoption. The
9 term "special needs adoption" shall have the meaning
10 ascribed to it by the Illinois Department of Children and
11 Family Services.
12 (ff) Adoption exemptions.
13 No fee other than that set forth in subsection (ee)
14 shall be charged to any person in connection with an
15 adoption proceeding nor may any fee be charged for
16 proceedings for the appointment of a confidential
17 intermediary under the Adoption Act.
18 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
19 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
20 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
21 Sec. 27.2. The fees of the clerks of the circuit court
22 in all counties having a population in excess of 500,000
23 inhabitants but less than 3,000,000 inhabitants in the
24 instances described in this Section shall be as provided in
25 this Section. In those instances where a minimum and maximum
26 fee is stated, counties with more than 500,000 inhabitants
27 but less than 3,000,000 inhabitants must charge the minimum
28 fee listed in this Section and may charge up to the maximum
29 fee if the county board has by resolution increased the fee.
30 In addition, the minimum fees authorized in this Section
31 shall apply to all units of local government and school
32 districts in counties with more than 3,000,000 inhabitants.
33 The fees shall be paid in advance and shall be as follows:
-24- LRB093 07530 LCB 13237 a
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, a minimum of $20 and a maximum of
11 $40.
12 (C) When that amount exceeds $1,000 but does
13 not exceed $2500, a minimum of $30 and a maximum of
14 $50.
15 (D) When that amount exceeds $2500 but does
16 not exceed $5,000, a minimum of $75 and a maximum of
17 $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.
-25- LRB093 07530 LCB 13237 a
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
15 $5,000, $75. When the amount exceeds $5,000, but does not
16 exceed $15,000, $175. When the amount exceeds $15,000, a
17 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 amount in the case exceeds $1500
28 but does not exceed $15,000, a minimum of $40 and a
29 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
-29- LRB093 07530 LCB 13237 a
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
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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
6 in this subsection (v), which shall be paid in advance,
7 except that, for good cause shown, the court may suspend,
8 reduce, or release the costs payable under this
9 subsection:
10 (1) For administration of the estate of a decedent
11 (whether testate or intestate) or of a missing person, a
12 minimum of $100 and a maximum of $150, plus the fees
13 specified in subsection (v)(3), except:
14 (A) When the value of the real and personal
15 property does not exceed $15,000, the fee shall be a
16 minimum of $25 and a maximum of $40.
17 (B) When (i) proof of heirship alone is made,
18 (ii) a domestic or foreign will is admitted to
19 probate without administration (including proof of
20 heirship), or (iii) letters of office are issued for
21 a particular purpose without administration of the
22 estate, the fee shall be a minimum of $25 and a
23 maximum of $40.
24 (2) For administration of the estate of a ward, a
25 minimum of $50 and a maximum of $75, plus the fees
26 specified in subsection (v)(3), except:
27 (A) When the value of the real and personal
28 property does not exceed $15,000, the fee shall be a
29 minimum of $25 and a maximum of $40.
30 (B) When (i) letters of office are issued to a
31 guardian of the person or persons, but not of the
32 estate or (ii) letters of office are issued in the
33 estate of a ward without administration of the
34 estate, including filing or joining in the filing of
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1 a tax return or releasing a mortgage or consenting
2 to the marriage of the ward, the fee shall be a
3 minimum of $10 and a maximum of $20.
4 (3) In addition to the fees payable under
5 subsection (v)(1) or (v)(2) of this Section, the
6 following fees are payable:
7 (A) For each account (other than one final
8 account) filed in the estate of a decedent, or ward,
9 a minimum of $15 and a maximum of $25.
10 (B) For filing a claim in an estate when the
11 amount claimed is $150 or more but less than $500, a
12 minimum of $10 and a maximum of $20; when the amount
13 claimed is $500 or more but less than $10,000, a
14 minimum of $25 and a maximum of $40; when the amount
15 claimed is $10,000 or more, a minimum of $40 and a
16 maximum of $60; provided that the court in allowing
17 a claim may add to the amount allowed the filing fee
18 paid by the claimant.
19 (C) For filing in an estate a claim, petition,
20 or supplemental proceeding based upon an action
21 seeking equitable relief including the construction
22 or contest of a will, enforcement of a contract to
23 make a will, and proceedings involving testamentary
24 trusts or the appointment of testamentary trustees,
25 a minimum of $40 and a maximum of $60.
26 (D) For filing in an estate (i) the appearance
27 of any person for the purpose of consent or (ii) the
28 appearance of an executor, administrator,
29 administrator to collect, guardian, guardian ad
30 litem, or special administrator, no fee.
31 (E) Except as provided in subsection
32 (v)(3)(D), for filing the appearance of any person
33 or persons, a minimum of $10 and a maximum of $30.
34 (F) For each jury demand, a minimum of $102.50
-32- LRB093 07530 LCB 13237 a
1 and a maximum of $137.50.
2 (G) For disposition of the collection of a
3 judgment or settlement of an action or claim for
4 wrongful death of a decedent or of any cause of
5 action of a ward, when there is no other
6 administration of the estate, a minimum of $30 and a
7 maximum of $50, less any amount paid under
8 subsection (v)(1)(B) or (v)(2)(B) except that if the
9 amount involved does not exceed $5,000, the fee,
10 including any amount paid under subsection (v)(1)(B)
11 or (v)(2)(B), shall be a minimum of $10 and a
12 maximum of $20.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, a
15 minimum of $1 and a maximum of $2, plus a minimum of
16 50¢ and a maximum of $1 per page in excess of 3
17 pages for the document certified.
18 (I) For each exemplification, a minimum of $1
19 and a maximum of $2, plus the fee for certification.
20 (4) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay the cost of publication by the clerk
23 directly to the newspaper.
24 (5) The person on whose behalf a charge is incurred
25 for witness, court reporter, appraiser, or other
26 miscellaneous fee shall pay the same directly to the
27 person entitled thereto.
28 (6) The executor, administrator, guardian,
29 petitioner, or other interested person or his attorney
30 shall pay to the clerk all postage charges incurred by
31 the clerk in mailing petitions, orders, notices, or other
32 documents pursuant to the provisions of the Probate Act
33 of 1975.
34 (w) Criminal and Quasi-Criminal Costs and Fees.
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1 (1) The clerk shall be entitled to costs in all
2 criminal and quasi-criminal cases from each person
3 convicted or sentenced to supervision therein as follows:
4 (A) Felony complaints, a minimum of $80 and a
5 maximum of $125.
6 (B) Misdemeanor complaints, a minimum of $50
7 and a maximum of $75.
8 (C) Business offense complaints, a minimum of
9 $50 and a maximum of $75.
10 (D) Petty offense complaints, a minimum of $50
11 and a maximum of $75.
12 (E) Minor traffic or ordinance violations,
13 $20.
14 (F) When court appearance required, $30.
15 (G) Motions to vacate or amend final orders, a
16 minimum of $20 and a maximum of $40.
17 (H) Motions to vacate bond forfeiture orders,
18 a minimum of $20 and a maximum of $30.
19 (I) Motions to vacate ex parte judgments,
20 whenever filed, a minimum of $20 and a maximum of
21 $30.
22 (J) Motions to vacate judgment on forfeitures,
23 whenever filed, a minimum of $20 and a maximum of
24 $25.
25 (K) Motions to vacate "failure to appear" or
26 "failure to comply" notices sent to the Secretary of
27 State, a minimum of $20 and a maximum of $40.
28 (2) In counties having a population of more than
29 500,000 but fewer than 3,000,000 inhabitants, when the
30 violation complaint is issued by a municipal police
31 department, the clerk shall be entitled to costs from
32 each person convicted therein as follows:
33 (A) Minor traffic or ordinance violations,
34 $10.
-34- LRB093 07530 LCB 13237 a
1 (B) When court appearance required, $15.
2 (3) In ordinance violation cases punishable by fine
3 only, the clerk of the circuit court shall be entitled to
4 receive, unless the fee is excused upon a finding by the
5 court that the defendant is indigent, in addition to
6 other fees or costs allowed or imposed by law, the sum of
7 a minimum of $50 and a maximum of $112.50 as a fee for
8 the services of a jury. The jury fee shall be paid by
9 the defendant at the time of filing his or her jury
10 demand. If the fee is not so paid by the defendant, no
11 jury shall be called, and the case shall be tried by the
12 court without a jury.
13 (x) Transcripts of Judgment.
14 For the filing of a transcript of judgment, the
15 clerk shall be entitled to the same fee as if it were the
16 commencement of new suit.
17 (y) Change of Venue.
18 (1) For the filing of a change of case on a change
19 of venue, the clerk shall be entitled to the same fee as
20 if it were the commencement of a new suit.
21 (2) The fee for the preparation and certification
22 of a record on a change of venue to another jurisdiction,
23 when original documents are forwarded, a minimum of $25
24 and a maximum of $40.
25 (z) Tax objection complaints.
26 For each tax objection complaint containing one or
27 more tax objections, regardless of the number of parcels
28 involved or the number of taxpayers joining in the
29 complaint, a minimum of $25 and a maximum of $50.
30 (aa) Tax Deeds.
31 (1) Petition for tax deed, if only one parcel is
32 involved, a minimum of $150 and a maximum of $250.
33 (2) For each additional parcel, add a fee of a
34 minimum of $50 and a maximum of $100.
-35- LRB093 07530 LCB 13237 a
1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to a minimum of 2.5% and a
5 maximum of 3.0% of the amount collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for maintaining child support records and
16 the processing of support orders to the State of Illinois
17 KIDS system and the recording of payments issued by the
18 State Disbursement Unit for the official record of the
19 Court. This fee shall be in addition to and separate from
20 amounts ordered to be paid as maintenance or child
21 support and shall be deposited into a Separate
22 Maintenance and Child Support Collection Fund, of which
23 the clerk shall be the custodian, ex-officio, to be used
24 by the clerk to maintain child support orders and record
25 all payments issued by the State Disbursement Unit for
26 the official record of the Court. The clerk may recover
27 from the person making the maintenance or child support
28 payment any additional cost incurred in the collection of
29 this annual fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
-36- LRB093 07530 LCB 13237 a
1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, a minimum of $15 and a maximum of $25.
7 (dd) Exceptions.
8 The fee requirements of this Section shall not apply
9 to police departments or other law enforcement agencies.
10 In this Section, "law enforcement agency" means an agency
11 of the State or a unit of local government which is
12 vested by law or ordinance with the duty to maintain
13 public order and to enforce criminal laws or ordinances.
14 "Law enforcement agency" also means the Attorney General
15 or any state's attorney. The fee requirements of this
16 Section shall not apply to any action instituted under
17 subsection (b) of Section 11-31-1 of the Illinois
18 Municipal Code by a private owner or tenant of real
19 property within 1200 feet of a dangerous or unsafe
20 building seeking an order compelling the owner or owners
21 of the building to take any of the actions authorized
22 under that subsection.
23 (ee) Adoptions.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding nor may any fee be charged for
34 proceedings for the appointment of a confidential
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1 intermediary under the Adoption Act.
2 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
3 92-16, eff. 6-28-01; 92-521, eff. 6-1-02.)
4 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
5 Sec. 27.2a. The fees of the clerks of the circuit court
6 in all counties having a population of 3,000,000 or more
7 inhabitants in the instances described in this Section shall
8 be as provided in this Section. In those instances where a
9 minimum and maximum fee is stated, the clerk of the circuit
10 court must charge the minimum fee listed and may charge up to
11 the maximum fee if the county board has by resolution
12 increased the fee. The fees shall be paid in advance and
13 shall be as follows:
14 (a) Civil Cases.
15 The fee for filing a complaint, petition, or other
16 pleading initiating a civil action, with the following
17 exceptions, shall be a minimum of $190 and a maximum of
18 $240.
19 (A) When the amount of money or damages or the
20 value of personal property claimed does not exceed
21 $250, a minimum of $15 and a maximum of $22.
22 (B) When that amount exceeds $250 but does not
23 exceed $1000, a minimum of $40 and a maximum of $75.
24 (C) When that amount exceeds $1000 but does
25 not exceed $2500, a minimum of $50 and a maximum of
26 $80.
27 (D) When that amount exceeds $2500 but does
28 not exceed $5000, a minimum of $100 and a maximum of
29 $130.
30 (E) When that amount exceeds $5000 but does
31 not exceed $15,000, $150.
32 (F) For the exercise of eminent domain, $150.
33 For each additional lot or tract of land or right or
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1 interest therein subject to be condemned, the
2 damages in respect to which shall require separate
3 assessment by a jury, $150.
4 (G) For the final determination of parking,
5 standing, and compliance violations and final
6 administrative decisions issued after hearings
7 regarding vehicle immobilization and impoundment
8 made pursuant to Sections 3-704.1, 6-306.5, and
9 11-208.3 of the Illinois Vehicle Code, $25.
10 (b) Forcible Entry and Detainer.
11 In each forcible entry and detainer case when the
12 plaintiff seeks possession only or unites with his or her
13 claim for possession of the property a claim for rent or
14 damages or both in the amount of $15,000 or less, a
15 minimum of $75 and a maximum of $140. When the plaintiff
16 unites his or her claim for possession with a claim for
17 rent or damages or both exceeding $15,000, a minimum of
18 $225 and a maximum of $335.
19 (c) Counterclaim or Joining Third Party Defendant.
20 When any defendant files a counterclaim as part of
21 his or her answer or otherwise or joins another party as
22 a third party defendant, or both, the defendant shall pay
23 a fee for each counterclaim or third party action in an
24 amount equal to the fee he or she would have had to pay
25 had he or she brought a separate action for the relief
26 sought in the counterclaim or against the third party
27 defendant, less the amount of the appearance fee, if that
28 has been paid.
29 (d) Confession of Judgment.
30 In a confession of judgment when the amount does not
31 exceed $1500, a minimum of $60 and a maximum of $70.
32 When the amount exceeds $1500, but does not exceed $5000,
33 a minimum of $75 and a maximum of $150. When the amount
34 exceeds $5000, but does not exceed $15,000, a minimum of
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1 $175 and a maximum of $260. When the amount exceeds
2 $15,000, a minimum of $250 and a maximum of $310.
3 (e) Appearance.
4 The fee for filing an appearance in each civil case
5 shall be a minimum of $75 and a maximum of $110, except
6 as follows:
7 (A) When the plaintiff in a forcible entry and
8 detainer case seeks possession only, a minimum of
9 $40 and a maximum of $80.
10 (B) When the amount in the case does not
11 exceed $1500, a minimum of $40 and a maximum of $80.
12 (C) When that amount exceeds $1500 but does
13 not exceed $15,000, a minimum of $60 and a maximum
14 of $90.
15 (f) Garnishment, Wage Deduction, and Citation.
16 In garnishment affidavit, wage deduction affidavit,
17 and citation petition when the amount does not exceed
18 $1,000, a minimum of $15 and a maximum of $25; when the
19 amount exceeds $1,000 but does not exceed $5,000, a
20 minimum of $30 and a maximum of $45; and when the amount
21 exceeds $5,000, a minimum of $50 and a maximum of $80.
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 a minimum of $50 and a maximum of $60.
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, a minimum of $75 and
3 a maximum of $90.
4 (3) Petition to vacate order of bond forfeiture, a
5 minimum of $40 and a maximum of $80.
6 (h) Mailing.
7 When the clerk is required to mail, the fee will be
8 a minimum of $10 and a maximum of $15, plus the cost of
9 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, a minimum of $15 and a maximum of $20.
14 (j) Habeas Corpus.
15 For filing a petition for relief by habeas corpus, a
16 minimum of $125 and a maximum of $190.
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, a minimum of $6 and a
21 maximum of $9.
22 (2) Court appeals when original documents are
23 forwarded, under 100 pages, plus delivery and costs, a
24 minimum of $75 and a maximum of $110.
25 (3) Court appeals when original documents are
26 forwarded, over 100 pages, plus delivery and costs, a
27 minimum of $150 and a maximum of $185.
28 (4) Court appeals when original documents are
29 forwarded, over 200 pages, an additional fee of a minimum
30 of 25 and a maximum of 30 cents per page.
31 (5) For reproduction of any document contained in
32 the clerk's files:
33 (A) First page, $2.
34 (B) Next 19 pages, 50 cents per page.
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1 (C) All remaining pages, 25 cents per page.
2 (l) Remands.
3 In any cases remanded to the Circuit Court from the
4 Supreme Court or the Appellate Court for a new trial, the
5 clerk shall file the remanding order and reinstate the
6 case with either its original number or a new number.
7 The Clerk shall not charge any new or additional fee for
8 the reinstatement. Upon reinstatement the Clerk shall
9 advise the parties of the reinstatement. A party shall
10 have the same right to a jury trial on remand and
11 reinstatement as he or she had before the appeal, and no
12 additional or new fee or charge shall be made for a jury
13 trial after remand.
14 (m) Record Search.
15 For each record search, within a division or
16 municipal district, the clerk shall be entitled to a
17 search fee of a minimum of $6 and a maximum of $9 for
18 each year searched.
19 (n) Hard Copy.
20 For each page of hard copy print output, when case
21 records are maintained on an automated medium, the clerk
22 shall be entitled to a fee of a minimum of $6 and a
23 maximum of $9.
24 (o) Index Inquiry and Other Records.
25 No fee shall be charged for a single
26 plaintiff/defendant index inquiry or single case record
27 inquiry when this request is made in person and the
28 records are maintained in a current automated medium, and
29 when no hard copy print output is requested. The fees to
30 be charged for management records, multiple case records,
31 and multiple journal records may be specified by the
32 Chief Judge pursuant to the guidelines for access and
33 dissemination of information approved by the Supreme
34 Court.
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1 (p) Commitment Petitions.
2 For filing commitment petitions under the Mental
3 Health and Developmental Disabilities Code, a minimum of
4 $50 and a maximum of $100.
5 (q) Alias Summons.
6 For each alias summons or citation issued by the
7 clerk, a minimum of $5 and a maximum of $6.
8 (r) Other Fees.
9 Any fees not covered in this Section shall be set by
10 rule or administrative order of the Circuit Court with
11 the approval of the Administrative Office of the Illinois
12 Courts.
13 The clerk of the circuit court may provide
14 additional services for which there is no fee specified
15 by statute in connection with the operation of the
16 clerk's office as may be requested by the public and
17 agreed to by the clerk and approved by the chief judge of
18 the circuit court. Any charges for additional services
19 shall be as agreed to between the clerk and the party
20 making the request and approved by the chief judge of the
21 circuit court. Nothing in this subsection shall be
22 construed to require any clerk to provide any service not
23 otherwise required by law.
24 (s) Jury Services.
25 The clerk shall be entitled to receive, in addition
26 to other fees allowed by law, the sum of a minimum of
27 $212.50 and maximum of $230, as a fee for the services of
28 a jury in every civil action not quasi-criminal in its
29 nature and not a proceeding for the exercise of the right
30 of eminent domain and in every other action wherein the
31 right of trial by jury is or may be given by law. The
32 jury fee shall be paid by the party demanding a jury at
33 the time of filing the jury demand. If the fee is not
34 paid by either party, no jury shall be called in the
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1 action or proceeding, and the same shall be tried by the
2 court without a jury.
3 (t) Voluntary Assignment.
4 For filing each deed of voluntary assignment, a
5 minimum of $20 and a maximum of $40; for recording the
6 same, a minimum of 50¢ and a maximum of $0.80 for each
7 100 words. Exceptions filed to claims presented to an
8 assignee of a debtor who has made a voluntary assignment
9 for the benefit of creditors shall be considered and
10 treated, for the purpose of taxing costs therein, as
11 actions in which the party or parties filing the
12 exceptions shall be considered as party or parties
13 plaintiff, and the claimant or claimants as party or
14 parties defendant, and those parties respectively shall
15 pay to the clerk the same fees as provided by this
16 Section to be paid in other actions.
17 (u) Expungement Petition.
18 The clerk shall be entitled to receive a fee of a
19 minimum of $60 and a maximum of $120 for each expungement
20 petition filed and an additional fee of a minimum of $4
21 and a maximum of $8 for each certified copy of an order
22 to expunge arrest records.
23 (v) Probate.
24 The clerk is entitled to receive the fees specified
25 in this subsection (v), which shall be paid in advance,
26 except that, for good cause shown, the court may suspend,
27 reduce, or release the costs payable under this
28 subsection:
29 (1) For administration of the estate of a decedent
30 (whether testate or intestate) or of a missing person, a
31 minimum of $150 and a maximum of $225, plus the fees
32 specified in subsection (v)(3), except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be a
-44- LRB093 07530 LCB 13237 a
1 minimum of $40 and a maximum of $65.
2 (B) When (i) proof of heirship alone is made,
3 (ii) a domestic or foreign will is admitted to
4 probate without administration (including proof of
5 heirship), or (iii) letters of office are issued for
6 a particular purpose without administration of the
7 estate, the fee shall be a minimum of $40 and a
8 maximum of $65.
9 (2) For administration of the estate of a ward, a
10 minimum of $75 and a maximum of $110, plus the fees
11 specified in subsection (v)(3), except:
12 (A) When the value of the real and personal
13 property does not exceed $15,000, the fee shall be a
14 minimum of $40 and a maximum of $65.
15 (B) When (i) letters of office are issued to a
16 guardian of the person or persons, but not of the
17 estate or (ii) letters of office are issued in the
18 estate of a ward without administration of the
19 estate, including filing or joining in the filing of
20 a tax return or releasing a mortgage or consenting
21 to the marriage of the ward, the fee shall be a
22 minimum of $20 and a maximum of $40.
23 (3) In addition to the fees payable under
24 subsection (v)(1) or (v)(2) of this Section, the
25 following fees are payable:
26 (A) For each account (other than one final
27 account) filed in the estate of a decedent, or ward,
28 a minimum of $25 and a maximum of $40.
29 (B) For filing a claim in an estate when the
30 amount claimed is $150 or more but less than $500, a
31 minimum of $20 and a maximum of $40; when the amount
32 claimed is $500 or more but less than $10,000, a
33 minimum of $40 and a maximum of $65; when the amount
34 claimed is $10,000 or more, a minimum of $60 and a
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1 maximum of $90; provided that the court in allowing
2 a claim may add to the amount allowed the filing fee
3 paid by the claimant.
4 (C) For filing in an estate a claim, petition,
5 or supplemental proceeding based upon an action
6 seeking equitable relief including the construction
7 or contest of a will, enforcement of a contract to
8 make a will, and proceedings involving testamentary
9 trusts or the appointment of testamentary trustees,
10 a minimum of $60 and a maximum of $90.
11 (D) For filing in an estate (i) the appearance
12 of any person for the purpose of consent or (ii) the
13 appearance of an executor, administrator,
14 administrator to collect, guardian, guardian ad
15 litem, or special administrator, no fee.
16 (E) Except as provided in subsection
17 (v)(3)(D), for filing the appearance of any person
18 or persons, a minimum of $30 and a maximum of $90.
19 (F) For each jury demand, a minimum of $137.50
20 and a maximum of $180.
21 (G) For disposition of the collection of a
22 judgment or settlement of an action or claim for
23 wrongful death of a decedent or of any cause of
24 action of a ward, when there is no other
25 administration of the estate, a minimum of $50 and a
26 maximum of $80, less any amount paid under
27 subsection (v)(1)(B) or (v)(2)(B) except that if the
28 amount involved does not exceed $5,000, the fee,
29 including any amount paid under subsection (v)(1)(B)
30 or (v)(2)(B), shall be a minimum of $20 and a
31 maximum of $40.
32 (H) For each certified copy of letters of
33 office, of court order or other certification, a
34 minimum of $2 and a maximum of $4, plus $1 per page
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1 in excess of 3 pages for the document certified.
2 (I) For each exemplification, $2, plus the fee
3 for certification.
4 (4) The executor, administrator, guardian,
5 petitioner, or other interested person or his or her
6 attorney shall pay the cost of publication by the clerk
7 directly to the newspaper.
8 (5) The person on whose behalf a charge is incurred
9 for witness, court reporter, appraiser, or other
10 miscellaneous fee shall pay the same directly to the
11 person entitled thereto.
12 (6) The executor, administrator, guardian,
13 petitioner, or other interested person or his or her
14 attorney shall pay to the clerk all postage charges
15 incurred by the clerk in mailing petitions, orders,
16 notices, or other documents pursuant to the provisions of
17 the Probate Act of 1975.
18 (w) Criminal and Quasi-Criminal Costs and Fees.
19 (1) The clerk shall be entitled to costs in all
20 criminal and quasi-criminal cases from each person
21 convicted or sentenced to supervision therein as follows:
22 (A) Felony complaints, a minimum of $125 and a
23 maximum of $190.
24 (B) Misdemeanor complaints, a minimum of $75
25 and a maximum of $110.
26 (C) Business offense complaints, a minimum of
27 $75 and a maximum of $110.
28 (D) Petty offense complaints, a minimum of $75
29 and a maximum of $110.
30 (E) Minor traffic or ordinance violations,
31 $30.
32 (F) When court appearance required, $50.
33 (G) Motions to vacate or amend final orders, a
34 minimum of $40 and a maximum of $80.
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1 (H) Motions to vacate bond forfeiture orders,
2 a minimum of $30 and a maximum of $45.
3 (I) Motions to vacate ex parte judgments,
4 whenever filed, a minimum of $30 and a maximum of
5 $45.
6 (J) Motions to vacate judgment on forfeitures,
7 whenever filed, a minimum of $25 and a maximum of
8 $30.
9 (K) Motions to vacate "failure to appear" or
10 "failure to comply" notices sent to the Secretary of
11 State, a minimum of $40 and a maximum of $50.
12 (2) In counties having a population of 3,000,000 or
13 more, when the violation complaint is issued by a
14 municipal police department, the clerk shall be entitled
15 to costs from each person convicted therein as follows:
16 (A) Minor traffic or ordinance violations,
17 $30.
18 (B) When court appearance required, $50.
19 (3) In ordinance violation cases punishable by fine
20 only, the clerk of the circuit court shall be entitled to
21 receive, unless the fee is excused upon a finding by the
22 court that the defendant is indigent, in addition to
23 other fees or costs allowed or imposed by law, the sum of
24 a minimum of $112.50 and a maximum of $250 as a fee for
25 the services of a jury. The jury fee shall be paid by
26 the defendant at the time of filing his or her jury
27 demand. If the fee is not so paid by the defendant, no
28 jury shall be called, and the case shall be tried by the
29 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.
-48- LRB093 07530 LCB 13237 a
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, a minimum of $40
7 and a maximum of $65.
8 (z) Tax objection complaints.
9 For each tax objection complaint containing one or
10 more tax objections, regardless of the number of parcels
11 involved or the number of taxpayers joining in the
12 complaint, a minimum of $50 and a maximum of $100.
13 (aa) Tax Deeds.
14 (1) Petition for tax deed, if only one parcel is
15 involved, a minimum of $250 and a maximum of $400.
16 (2) For each additional parcel, add a fee of a
17 minimum of $100 and a maximum of $200.
18 (bb) Collections.
19 (1) For all collections made of others, except the
20 State and county and except in maintenance or child
21 support cases, a sum equal to 3.0% of the amount
22 collected and turned over.
23 (2) Interest earned on any funds held by the clerk
24 shall be turned over to the county general fund as an
25 earning of the office.
26 (3) For any check, draft, or other bank instrument
27 returned to the clerk for non-sufficient funds, account
28 closed, or payment stopped, $25.
29 (4) In child support and maintenance cases, the
30 clerk, if authorized by an ordinance of the county board,
31 may collect an annual fee of up to $36 from the person
32 making payment for maintaining child support records and
33 the processing of support orders to the State of Illinois
34 KIDS system and the recording of payments issued by the
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1 State Disbursement Unit for the official record of the
2 Court. This fee shall be in addition to and separate
3 from amounts ordered to be paid as maintenance or child
4 support and shall be deposited into a Separate
5 Maintenance and Child Support Collection Fund, of which
6 the clerk shall be the custodian, ex-officio, to be used
7 by the clerk to maintain child support orders and record
8 all payments issued by the State Disbursement Unit for
9 the official record of the Court. The clerk may recover
10 from the person making the maintenance or child support
11 payment any additional cost incurred in the collection of
12 this annual 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, a minimum of $25 and a maximum of $40.
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. The fee
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1 requirements of this Section shall not apply to any
2 action instituted under subsection (b) of Section 11-31-1
3 of the Illinois Municipal Code by a private owner or
4 tenant of real property within 1200 feet of a dangerous
5 or unsafe building seeking an order compelling the owner
6 or owners of the building to take any of the actions
7 authorized under that subsection.
8 (ee) Adoption.
9 (1) For an adoption.............................$65
10 (2) Upon good cause shown, the court may waive the
11 adoption filing fee in a special needs adoption. The
12 term "special needs adoption" shall have the meaning
13 ascribed to it by the Illinois Department of Children and
14 Family Services.
15 (ff) Adoption exemptions.
16 No fee other than that set forth in subsection (ee)
17 shall be charged to any person in connection with an
18 adoption proceeding nor may any fee be charged for
19 proceedings for the appointment of a confidential
20 intermediary under the Adoption Act.
21 (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99;
22 91-821, eff. 6-13-00; 92-521, eff. 6-1-02.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".