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91_HB1964
LRB9102932LDmb
1 AN ACT in relation to juries, amending certain named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 4-11001 as follows:
7 (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
8 Sec. 4-11001. Juror fees. Per diem and mileage. Each
9 county shall pay to grand and petit jurors for their services
10 in attending courts the sum of $4 for each day of necessary
11 attendance at such courts as jurors in counties of the first
12 class, the sum of $5 for each day in counties of the second
13 class, and the sum of $10 for each day in counties of the
14 third class, or such higher amount as may be fixed by the
15 county board. In all counties, the county board may fix
16 jurors fees at an amount not to exceed $15.50 for each day's
17 service.
18 In addition, jurors shall receive such travel expense as
19 may be determined by the county board, provided that jurors
20 in counties of the first class and second class shall receive
21 at least 10 cents per mile for their travel expense. The pay
22 and travel expense shall be paid out of the county treasury.
23 Mileage shall be allowed for travel during a juror's term as
24 well as for travel at the opening and closing of his term.
25 If a judge so orders, a juror shall also receive
26 reimbursement for the actual cost of day care incurred by the
27 juror during his or her service on a jury.
28 The juror fees for service, transportation, and day care
29 shall be paid out of the county treasury.
30 The clerk of the court shall furnish to each juror
31 without fee whenever he is discharged a certificate of the
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1 number of days' attendance at court, and upon presentation
2 thereof to the county treasurer, he shall pay to the juror
3 the sum provided for his service.
4 (Source: P.A. 86-962.)
5 Section 10. The Clerks of Courts Act is amended by
6 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
8 Sec. 27.1. The fees of the Clerk of the Circuit Court in
9 all counties having a population of 180,000 inhabitants or
10 less shall be paid in advance, except as otherwise provided,
11 and shall be as follows:
12 (a) Civil Cases
13 (1) All civil cases except as otherwise
14 provided........................................... $40
15 (2) Judicial Sales (except Probate).......... $40
16 (b) Family
17 (1) Commitment petitions under the Mental
18 Health and Developmental Disabilities Code, filing
19 transcript of commitment proceedings held in
20 another county, and cases under the Juvenile Court
21 Act of 1987........................................ $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
32 or when the disposition is court supervision....... $25
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1 (3) Each person convicted of a business
2 offense............................................ $25
3 (4) Each person convicted of a petty offense. $25
4 (5) Minor traffic, conservation, or
5 ordinance violation, including
6 without limitation when the disposition is
7 court supervision:
8 (i) For each offense.................... $10
9 (ii) For each notice sent to the
10 defendant's last known address pursuant to
11 subsection (c) of Section 6-306.4 of the Illinois
12 Vehicle Code....................................... $2
13 (iii) For each notice sent to the
14 Secretary of State pursuant to subsection (c) of
15 Section 6-306.4 of the Illinois Vehicle Code....... $2
16 (6) When Court Appearance required........... $15
17 (7) Motions to vacate or amend final orders.. $10
18 (8) In ordinance violation cases punishable
19 by fine only, the clerk of the circuit court shall
20 be entitled to receive, unless the fee is excused
21 upon a finding by the court that the defendant is
22 indigent, in addition to other fees or costs
23 allowed or imposed by law, the sum of $62.50 $50 as
24 a fee for the services of a jury. The jury fee
25 shall be paid by the defendant at the time of
26 filing his or her jury demand. If the fee is not
27 so paid by the defendant, no jury shall be called,
28 and the case shall be tried by the court without a
29 jury.
30 (d) Other Civil Cases
31 (1) Money or personal property claimed does
32 not exceed $500.................................... $10
33 (2) Exceeds $500 but not more than $10,000... $25
34 (3) Exceeds $10,000, when relief in addition
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1 to or supplemental to recovery of money alone is
2 sought in an action to recover personal property
3 taxes or retailers occupational tax regardless of
4 amount claimed..................................... $45
5 (4) The Clerk of the Circuit Court shall be
6 entitled to receive, in addition to other fees
7 allowed by law, the sum of $62.50 $50, as a fee for
8 the services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding
10 for the exercise of the right of eminent domain,
11 and in every equitable action wherein the right of
12 trial by jury is or may be given by law. The jury
13 fee shall be paid by the party demanding a jury at
14 the time of filing his jury demand. If such a fee
15 is not paid by either party, no jury shall be
16 called in the action, suit, or proceeding, and the
17 same shall be tried by the court without a jury.
18 (e) Confession of judgment and answer
19 (1) When the amount does not exceed $1,000... $20
20 (2) Exceeds $1,000........................... $40
21 (f) Auxiliary Proceedings
22 Any auxiliary proceeding relating to the
23 collection of a money judgment, including
24 garnishment, citation, or wage deduction action.... $5
25 (g) Forcible entry and detainer
26 (1) For possession only or possession and
27 rent not in excess of $10,000...................... $10
28 (2) For possession and rent in excess of
29 $10,000............................................ $40
30 (h) Eminent Domain
31 (1) Exercise of Eminent Domain............... $45
32 (2) For each and every lot or tract of land
33 or right or interest therein subject to be
34 condemned, the damages in respect to which shall
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1 require separate assessments by a jury............. $45
2 (i) Reinstatement
3 Each case including petition for modification
4 of a judgment or order of Court if filed later than
5 30 days after the entry of a judgment or order,
6 except in forcible entry and detainer cases and
7 small claims and except a petition to modify,
8 terminate, or enforce a judgement or order for
9 child or spousal support or to modify, suspend, or
10 terminate an order for withholding, petition to
11 vacate judgment of dismissal for want of
12 prosecution whenever filed, petition to reopen an
13 estate, or redocketing of any cause................ $20
14 (j) Probate
15 (1) Administration of decedent's estates,
16 whether testate or intestate, guardianships of the
17 person or estate or both of a person under legal
18 disability, guardianships of the person or estate
19 or both of a minor or minors, or petitions to sell
20 real estate in the administration of any estate.... $50
21 (2) Small estates in cases where the real and
22 personal property of an estate does not exceed
23 $5,000............................................. $25
24 (3) At any time during the administration of
25 the estate, however, at the request of the Clerk,
26 the Court shall examine the record of the estate
27 and the personal representative to determine the
28 total value of the real and personal property of
29 the estate, and if such value exceeds $5,000 shall
30 order the payment of an additional fee in the
31 amount of.......................................... $40
32 (4) Inheritance tax proceedings.............. $15
33 (5) Issuing letters only for a certain
34 specific reason other than the administration of an
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1 estate, including but not limited to the release of
2 mortgage; the issue of letters of guardianship in
3 order that consent to marriage may be granted or
4 for some other specific reason other than for the
5 care of property or person; proof of heirship
6 without administration; or when a will is to be
7 admitted to probate, but the estate is to be
8 settled without administration..................... $10
9 (6) When a separate complaint relating to any
10 matter other than a routine claim is filed in an
11 estate, the required additional fee shall be
12 charged for such filing............................ $45
13 (k) Change of Venue
14 From a court, the charge is the same amount as
15 the original filing fee; however, the fee for
16 preparation and certification of record on change
17 of venue, when original documents or copies are
18 forwarded.......................................... $10
19 (l) Answer, adverse pleading, or appearance
20 In civil cases.......... $15
21 With the following exceptions:
22 (1) When the amount does not exceed $500..... $5
23 (2) When amount exceeds $500 but not $10,000. $10
24 (3) When amount exceeds $10,000.............. $15
25 (4) Court appeals when documents are
26 forwarded, over 200 pages, additional fee per page
27 over 200........................................... 10¢
28 (m) Tax objection complaints
29 For each tax objection complaint containing
30 one or more tax objections, regardless of the
31 number of parcels involved or the number of
32 taxpayers joining the complaint.................... $10
33 (n) Tax deed
34 (1) Petition for tax deed, if only one parcel
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1 is involved........................................ $45
2 (2) For each additional parcel involved, an
3 additional fee of.................................. $10
4 (o) Mailing Notices and Processes
5 (1) All notices that the clerk is required to
6 mail as first class mail........................... $2
7 (2) For all processes or notices the Clerk is
8 required to mail by certified or registered mail,
9 the fee will be $2 plus cost of postage.
10 (p) Certification or Authentication
11 (1) Each certification or authentication for
12 taking the acknowledgement of a deed or other
13 instrument in writing with seal of office.......... $2
14 (2) Court appeals when original documents are
15 forwarded, 100 pages or under, plus delivery costs. $25
16 (3) Court appeals when original documents are
17 forwarded, over 100 pages, plus delivery costs..... $60
18 (4) Court appeals when original documents are
19 forwarded, over 200 pages, additional fee per page
20 over 200........................................... 10¢
21 (q) Reproductions
22 Each record of proceedings and judgment,
23 whether on appeal, change of venue, certified
24 copies of orders and judgments, and all other
25 instruments, documents, records, or papers:
26 (1) First page.......................... $1
27 (2) Next 19 pages, per page............. 50¢
28 (3) All remaining pages, per page....... 25¢
29 (r) Counterclaim
30 When any defendant files a counterclaim as
31 part of his or her answer or otherwise, or joins
32 another party as a third party defendant, or both,
33 he or she shall pay a fee for each such
34 counterclaim or third party action in an amount
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1 equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the
3 relief sought in the counterclaim or against the
4 third party defendant, less the amount of the
5 appearance fee, if that has been paid.
6 (s) Transcript of Judgment
7 From a court, the same fee as if case
8 originally filed.
9 (t) Publications
10 The cost of publication shall be paid directly
11 to the publisher by the person seeking the
12 publication, whether the clerk is required by law
13 to publish, or the parties to the action.
14 (u) Collections
15 (1) For all collections made for others,
16 except the State and County and except in
17 maintenance or child support cases, a sum equal to
18 2% of the amount collected and turned over.
19 (2) In any cases remanded to the Circuit
20 Court from the Supreme Court or the Appellate
21 Court, the Clerk shall file the remanding order and
22 reinstate the case with either its original number
23 or a new number. The Clerk shall not charge any
24 new or additional fee for the reinstatement. Upon
25 reinstatement the Clerk shall advise the parties of
26 the reinstatement. A party shall have the same
27 right to a jury trial on remand and reinstatement
28 as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a
30 jury trial after remand.
31 (3) In maintenance and child support matters,
32 the Clerk may deduct from each payment an amount
33 equal to the United States postage to be used in
34 mailing the maintenance or child support check to
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1 the recipient. In such cases, the Clerk shall
2 collect an annual fee of up to $36 from the person
3 making such payment for administering the
4 collection and distribution of maintenance and
5 child support payments. Such sum shall be in
6 addition to and separate from amounts ordered to be
7 paid as maintenance or child support and shall be
8 deposited in a separate Maintenance and Child
9 Support Collection Fund of which the Clerk shall be
10 the custodian, ex officio, to be used by the Clerk
11 to further maintenance and child support collection
12 efforts in his office. Unless paid in cash or
13 pursuant to an order for withholding, the payment
14 of the fee shall be by a separate instrument from
15 the support payment and shall be made to the order
16 of the Clerk. The Clerk may recover from the person
17 making the maintenance or child support payment any
18 additional cost incurred in the collection of this
19 annual fee.
20 The Clerk shall also be entitled to a fee of
21 $5 for certifications made to the Secretary of
22 State as provided in Section 7-703 of the Family
23 Financial Responsibility Law and these fees shall
24 also be deposited into the Separate Maintenance and
25 Child Support Collection Fund.
26 (v) Correction of Cases
27 For correcting the case number or case title
28 on any document filed in his office, to be charged
29 against the party that filed the document.......... $10
30 (w) Record Search
31 For searching a record, per year searched..... $4
32 (x) Printed Output
33 For each page of hard copy print output, when
34 case records are maintained on an automated medium. $2
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1 (y) Alias Summons
2 For each alias summons issued................. $2
3 (z) Expungement of Records
4 For each expungement petition filed........... $15
5 (aa) Other Fees
6 Any fees not covered by this Section shall be set by
7 rule or administrative order of the Circuit Court, with
8 the approval of the Supreme Court.
9 (bb) Exemptions
10 No fee provided for herein shall be charged to any
11 unit of State or local government or school district
12 unless the Court orders another party to pay such fee on
13 its behalf. The fee requirements of this Section shall
14 not apply to police departments or other law enforcement
15 agencies. In this Section, "law enforcement agency"
16 means an agency of the State or a unit of local
17 government that is vested by law or ordinance with the
18 duty to maintain public order and to enforce criminal
19 laws and ordinances. The fee requirements of this Section
20 shall not apply to any action instituted under subsection
21 (b) of Section 11-31-1 of the Illinois Municipal Code by
22 a private owner or tenant of real property within 1200
23 feet of a dangerous or unsafe building seeking an order
24 compelling the owner or owners of the building to take
25 any of the actions authorized under that subsection.
26 (cc) Adoptions
27 (1) For an adoption.............................$65
28 (2) Upon good cause shown, the court may waive the
29 adoption filing fee in a special needs adoption. The
30 term "special needs adoption" shall have the meaning
31 ascribed to it by the Illinois Department of Children and
32 Family Services.
33 (dd) Adoption exemptions
34 No fee other than that set forth in subsection (cc)
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1 shall be charged to any person in connection with an
2 adoption proceeding.
3 (ee) Additional Services
4 Beginning July 1, 1993, the clerk of the circuit
5 court may provide such additional services for which
6 there is no fee specified by statute in connection with
7 the operation of the clerk's office as may be requested
8 by the public and agreed to by the public and by the
9 clerk and approved by the chief judge of the circuit
10 court. Any charges for additional services shall be as
11 agreed to between the clerk and the party making the
12 request and approved by the chief judge of the circuit
13 court. Nothing in this subsection shall be as agreed to
14 between the clerk and the party making the request.
15 Nothing in this subsection shall be construed to require
16 any clerk to provide any service not otherwise required
17 by law.
18 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
19 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
20 12-31-98.)
21 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
22 Sec. 27.1a. The fees of the clerks of the circuit court
23 in all counties having a population in excess of 180,000 but
24 not more than 650,000 inhabitants in the instances described
25 in this Section shall be as provided in this Section. The
26 fees shall be paid in advance and shall be as follows:
27 (a) Civil Cases.
28 The fee for filing a complaint, petition, or other
29 pleading initiating a civil action, with the following
30 exceptions, shall be $150.
31 (A) When the amount of money or damages or the
32 value of personal property claimed does not exceed
33 $250, $10.
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1 (B) When that amount exceeds $250 but does not
2 exceed $500, $20.
3 (C) When that amount exceeds $500 but does not
4 exceed $2500, $30.
5 (D) When that amount exceeds $2500 but does
6 not exceed $15,000, $75.
7 (E) For the exercise of eminent domain, $150.
8 For each additional lot or tract of land or right or
9 interest therein subject to be condemned, the
10 damages in respect to which shall require separate
11 assessment by a jury, $150.
12 (a-1) Family.
13 For filing a petition under the Juvenile Court Act
14 of 1987, $25.
15 For filing a petition for a marriage license, $10.
16 For performing a marriage in court, $10.
17 For filing a petition under the Illinois Parentage
18 Act of 1984, $40.
19 (b) Forcible Entry and Detainer.
20 In each forcible entry and detainer case when the
21 plaintiff seeks possession only or unites with his or her
22 claim for possession of the property a claim for rent or
23 damages or both in the amount of $15,000 or less, $40.
24 When the plaintiff unites his or her claim for possession
25 with a claim for rent or damages or both exceeding
26 $15,000, $150.
27 (c) Counterclaim or Joining Third Party Defendant.
28 When any defendant files a counterclaim as part of
29 his or her answer or otherwise or joins another party as
30 a third party defendant, or both, the defendant shall pay
31 a fee for each counterclaim or third party action in an
32 amount equal to the fee he or she would have had to pay
33 had he or she brought a separate action for the relief
34 sought in the counterclaim or against the third party
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1 defendant, less the amount of the appearance fee, if that
2 has been paid.
3 (d) Confession of Judgment.
4 In a confession of judgment when the amount does not
5 exceed $1500, $50. When the amount exceeds $1500, but
6 does not exceed $15,000, $115. When the amount exceeds
7 $15,000, $200.
8 (e) Appearance.
9 The fee for filing an appearance in each civil case
10 shall be $50, except as follows:
11 (A) When the plaintiff in a forcible entry and
12 detainer case seeks possession only, $20.
13 (B) When the amount in the case does not
14 exceed $1500, $20.
15 (C) When that amount exceeds $1500 but does
16 not exceed $15,000, $40.
17 (f) Garnishment, Wage Deduction, and Citation.
18 In garnishment affidavit, wage deduction affidavit,
19 and citation petition when the amount does not exceed
20 $1,000, $10; when the amount exceeds $1,000 but does not
21 exceed $5,000, $20; and when the amount exceeds $5,000,
22 $30.
23 (g) Petition to Vacate or Modify.
24 (1) Petition to vacate or modify any final judgment
25 or order of court, except in forcible entry and detainer
26 cases and small claims cases or a petition to reopen an
27 estate, to modify, terminate, or enforce a judgment or
28 order for child or spousal support, or to modify,
29 suspend, or terminate an order for withholding, if filed
30 before 30 days after the entry of the judgment or order,
31 $40.
32 (2) Petition to vacate or modify any final judgment
33 or order of court, except a petition to modify,
34 terminate, or enforce a judgment or order for child or
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1 spousal support or to modify, suspend, or terminate an
2 order for withholding, if filed later than 30 days after
3 the entry of the judgment or order, $60.
4 (3) Petition to vacate order of bond forfeiture,
5 $20.
6 (h) Mailing.
7 When the clerk is required to mail, the fee will be
8 $6, plus the cost of postage.
9 (i) Certified Copies.
10 Each certified copy of a judgment after the first,
11 except in small claims and forcible entry and detainer
12 cases, $10.
13 (j) Habeas Corpus.
14 For filing a petition for relief by habeas corpus,
15 $80.
16 (k) Certification, Authentication, and Reproduction.
17 (1) Each certification or authentication for taking
18 the acknowledgment of a deed or other instrument in
19 writing with the seal of office, $4.
20 (2) Court appeals when original documents are
21 forwarded, under 100 pages, plus delivery and costs, $50.
22 (3) Court appeals when original documents are
23 forwarded, over 100 pages, plus delivery and costs, $120.
24 (4) Court appeals when original documents are
25 forwarded, over 200 pages, an additional fee of 20 cents
26 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
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1 clerk shall file the remanding order and reinstate the
2 case with either its original number or a new number. The
3 Clerk shall not charge any new or additional fee for the
4 reinstatement. Upon reinstatement the Clerk shall advise
5 the parties of the reinstatement. A party shall have the
6 same right to a jury trial on remand and reinstatement as
7 he or she had before the appeal, and no additional or new
8 fee or charge shall be made for a jury trial after
9 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 $4 for each year searched.
14 (n) Hard Copy.
15 For each page of hard copy print output, when case
16 records are maintained on an automated medium, the clerk
17 shall be entitled to a fee of $4.
18 (o) Index Inquiry and Other Records.
19 No fee shall be charged for a single
20 plaintiff/defendant index inquiry or single case record
21 inquiry when this request is made in person and the
22 records are maintained in a current automated medium, and
23 when no hard copy print output is requested. The fees to
24 be charged for management records, multiple case records,
25 and multiple journal records may be specified by the
26 Chief Judge pursuant to the guidelines for access and
27 dissemination of information approved by the Supreme
28 Court.
29 (p) Commitment Petitions.
30 For filing commitment petitions under the Mental
31 Health and Developmental Disabilities Code and for filing
32 a transcript of commitment proceedings held in another
33 county, $25.
34 (q) Alias Summons.
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1 For each alias summons or citation issued by the
2 clerk, $4.
3 (r) Other Fees.
4 Any fees not covered in this Section shall be set by
5 rule or administrative order of the Circuit Court with
6 the approval of the Administrative Office of the Illinois
7 Courts.
8 The clerk of the circuit court may provide
9 additional services for which there is no fee specified
10 by statute in connection with the operation of the
11 clerk's office as may be requested by the public and
12 agreed to by the clerk and approved by the chief judge of
13 the circuit court. Any charges for additional services
14 shall be as agreed to between the clerk and the party
15 making the request and approved by the chief judge of the
16 circuit court. Nothing in this subsection shall be
17 construed to require any clerk to provide any service not
18 otherwise required by law.
19 (s) Jury Services.
20 The clerk shall be entitled to receive, in addition
21 to other fees allowed by law, the sum of $192.50 $180, as
22 a fee for the services of a jury in every civil action
23 not quasi-criminal in its nature and not a proceeding for
24 the exercise of the right of eminent domain and in every
25 other action wherein the right of trial by jury is or may
26 be given by law. The jury fee shall be paid by the party
27 demanding a jury at the time of filing the jury demand.
28 If the fee is not paid by either party, no jury shall be
29 called in the action or proceeding, and the same shall be
30 tried by the court without a jury.
31 (t) Voluntary Assignment.
32 For filing each deed of voluntary assignment, $10;
33 for recording the same, 25¢ for each 100 words.
34 Exceptions filed to claims presented to an assignee of a
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1 debtor who has made a voluntary assignment for the
2 benefit of creditors shall be considered and treated, for
3 the purpose of taxing costs therein, as actions in which
4 the party or parties filing the exceptions shall be
5 considered as party or parties plaintiff, and the
6 claimant or claimants as party or parties defendant, and
7 those parties respectively shall pay to the clerk the
8 same fees as provided by this Section to be paid in other
9 actions.
10 (u) Expungement Petition.
11 The clerk shall be entitled to receive a fee of $30
12 for each expungement petition filed and an additional fee
13 of $2 for each certified copy of an order to expunge
14 arrest records.
15 (v) Probate.
16 The clerk is entitled to receive the fees specified in
17 this subsection (v), which shall be paid in advance, except
18 that, for good cause shown, the court may suspend, reduce, or
19 release the costs payable under this subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person,
22 $100, 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) proof of heirship alone is made,
28 (ii) a domestic or foreign will is admitted to
29 probate without administration (including proof of
30 heirship), or (iii) letters of office are issued for
31 a particular purpose without administration of the
32 estate, the fee shall be $25.
33 (2) For administration of the estate of a ward,
34 $50, plus the fees specified in subsection (v)(3),
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1 except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be
4 $25.
5 (B) When (i) letters of office are issued to a
6 guardian of the person or persons, but not of the
7 estate or (ii) letters of office are issued in the
8 estate of a ward without administration of the
9 estate, including filing or joining in the filing of
10 a tax return or releasing a mortgage or consenting
11 to the marriage of the ward, the fee shall be $10.
12 (3) In addition to the fees payable under
13 subsection (v)(1) or (v)(2) of this Section, the
14 following fees are payable:
15 (A) For each account (other than one final
16 account) filed in the estate of a decedent, or ward,
17 $15.
18 (B) For filing a claim in an estate when the
19 amount claimed is $150 or more but less than $500,
20 $10; when the amount claimed is $500 or more but
21 less than $10,000, $25; when the amount claimed is
22 $10,000 or more, $40; provided that the court in
23 allowing a claim may add to the amount allowed the
24 filing fee paid by the claimant.
25 (C) For filing in an estate a claim, petition,
26 or supplemental proceeding based upon an action
27 seeking equitable relief including the construction
28 or contest of a will, enforcement of a contract to
29 make a will, and proceedings involving testamentary
30 trusts or the appointment of testamentary trustees,
31 $40.
32 (D) For filing in an estate (i) the appearance
33 of any person for the purpose of consent or (ii) the
34 appearance of an executor, administrator,
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1 administrator to collect, guardian, guardian ad
2 litem, or special administrator, no fee.
3 (E) Except as provided in subsection
4 (v)(3)(D), for filing the appearance of any person
5 or persons, $10.
6 (F) For each jury demand, $102.50 $90.
7 (G) For disposition of the collection of a
8 judgment or settlement of an action or claim for
9 wrongful death of a decedent or of any cause of
10 action of a ward, when there is no other
11 administration of the estate, $30, less any amount
12 paid under subsection (v)(1)(B) or (v)(2)(B) except
13 that if the amount involved does not exceed $5,000,
14 the fee, including any amount paid under subsection
15 (v)(1)(B) or (v)(2)(B), shall be $10.
16 (H) For each certified copy of letters of
17 office, of court order or other certification, $1,
18 plus 50¢ per page in excess of 3 pages for the
19 document certified.
20 (I) For each exemplification, $1, plus the fee
21 for certification.
22 (4) The executor, administrator, guardian,
23 petitioner, or other interested person or his or her
24 attorney shall pay the cost of publication by the clerk
25 directly to the newspaper.
26 (5) The person on whose behalf a charge is incurred
27 for witness, court reporter, appraiser, or other
28 miscellaneous fee shall pay the same directly to the
29 person entitled thereto.
30 (6) The executor, administrator, guardian,
31 petitioner, or other interested person or his or her
32 attorney shall pay to the clerk all postage charges
33 incurred by the clerk in mailing petitions, orders,
34 notices, or other documents pursuant to the provisions of
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1 the Probate Act of 1975.
2 (w) Criminal and Quasi-Criminal Costs and Fees.
3 (1) The clerk shall be entitled to costs in all
4 criminal and quasi-criminal cases from each person
5 convicted or sentenced to supervision therein as follows:
6 (A) Felony complaints, $80.
7 (B) Misdemeanor complaints, $50.
8 (C) Business offense complaints, $50.
9 (D) Petty offense complaints, $50.
10 (E) Minor traffic or ordinance violations,
11 $20.
12 (F) When court appearance required, $30.
13 (G) Motions to vacate or amend final orders,
14 $20.
15 (H) Motions to vacate bond forfeiture orders,
16 $20.
17 (I) Motions to vacate ex parte judgments,
18 whenever filed, $20.
19 (J) Motions to vacate judgment on forfeitures,
20 whenever filed, $20.
21 (K) Motions to vacate "failure to appear" or
22 "failure to comply" notices sent to the Secretary of
23 State, $20.
24 (2) In counties having a population in excess of
25 180,000 but not more than 650,000 inhabitants, when the
26 violation complaint is issued by a municipal police
27 department, the clerk shall be entitled to costs from
28 each person convicted therein as follows:
29 (A) Minor traffic or ordinance violations,
30 $10.
31 (B) When court appearance required, $15.
32 (3) In ordinance violation cases punishable by fine
33 only, the clerk of the circuit court shall be entitled to
34 receive, unless the fee is excused upon a finding by the
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1 court that the defendant is indigent, in addition to
2 other fees or costs allowed or imposed by law, the sum of
3 $62.50 $50 as a fee for the services of a jury. The jury
4 fee shall be paid by the defendant at the time of filing
5 his or her jury demand. If the fee is not so paid by the
6 defendant, no jury shall be called, and the case shall be
7 tried by the court without a jury.
8 (x) Transcripts of Judgment.
9 For the filing of a transcript of judgment, the
10 clerk shall be entitled to the same fee as if it were the
11 commencement of a new suit.
12 (y) Change of Venue.
13 (1) For the filing of a change of case on a change
14 of venue, the clerk shall be entitled to the same fee as
15 if it were the commencement of a new suit.
16 (2) The fee for the preparation and certification
17 of a record on a change of venue to another jurisdiction,
18 when original documents are forwarded, $25.
19 (z) Tax objection complaints.
20 For each tax objection complaint containing one or
21 more tax objections, regardless of the number of parcels
22 involved or the number of taxpayers joining on the
23 complaint, $25.
24 (aa) Tax Deeds.
25 (1) Petition for tax deed, if only one parcel is
26 involved, $150.
27 (2) For each additional parcel, add a fee of $50.
28 (bb) Collections.
29 (1) For all collections made of others, except the
30 State and county and except in maintenance or child
31 support cases, a sum equal to 2.5% of the amount
32 collected and turned over.
33 (2) Interest earned on any funds held by the clerk
34 shall be turned over to the county general fund as an
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1 earning of the office.
2 (3) For any check, draft, or other bank instrument
3 returned to the clerk for non-sufficient funds, account
4 closed, or payment stopped, $25.
5 (4) In child support and maintenance cases, the
6 clerk, if authorized by an ordinance of the county board,
7 may collect an annual fee of up to $36 from the person
8 making payment for administering the collection and
9 distribution of maintenance and child support payments.
10 This fee shall be in addition to and separate from
11 amounts ordered to be paid as maintenance or child
12 support and shall be deposited into a Separate
13 Maintenance and Child Support Collection Fund, of which
14 the clerk shall be the custodian, ex-officio, to be used
15 by the clerk to further maintenance and child supports in
16 his or her office. The clerk may recover from the person
17 making the maintenance or child support payment any
18 additional cost incurred in the collection of this annual
19 fee.
20 The clerk shall also be entitled to a fee of $5 for
21 certifications made to the Secretary of State as provided
22 in Section 7-703 of the Family Financial Responsibility
23 Law and these fees shall also be deposited into the
24 Separate Maintenance and Child Support Collection Fund.
25 (cc) Corrections of Numbers.
26 For correction of the case number, case title, or
27 attorney computer identification number, if required by
28 rule of court, on any document filed in the clerk's
29 office, to be charged against the party that filed the
30 document, $15.
31 (dd) Exceptions.
32 (1) The fee requirements of this Section shall not
33 apply to police departments or other law enforcement
34 agencies. In this Section, "law enforcement agency"
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1 means an agency of the State or a unit of local
2 government which is vested by law or ordinance with the
3 duty to maintain public order and to enforce criminal
4 laws or ordinances. "Law enforcement agency" also means
5 the Attorney General or any state's attorney.
6 (2) No fee provided herein shall be charged to any
7 unit of local government or school district.
8 (3) The fee requirements of this Section shall not
9 apply to any action instituted under subsection (b) of
10 Section 11-31-1 of the Illinois Municipal Code by a
11 private owner or tenant of real property within 1200 feet
12 of a dangerous or unsafe building seeking an order
13 compelling the owner or owners of the building to take
14 any of the actions authorized under that subsection.
15 (ee) Adoptions.
16 (1) For an adoption.............................$65
17 (2) Upon good cause shown, the court may waive the
18 adoption filing fee in a special needs adoption. The
19 term "special needs adoption" shall have the meaning
20 ascribed to it by the Illinois Department of Children and
21 Family Services.
22 (ff) Adoption exemptions.
23 No fee other than that set forth in subsection (ee)
24 shall be charged to any person in connection with an
25 adoption proceeding.
26 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
27 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
28 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
29 Sec. 27.2. The fees of the clerks of the circuit court
30 in all counties having a population in excess of 650,000
31 inhabitants but less than 3,000,000 inhabitants in the
32 instances described in this Section shall be as provided in
33 this Section. In addition, the fees provided in this Section
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1 shall apply to all units of local government and school
2 districts in counties with more than 3,000,000 inhabitants.
3 The fees shall be paid in advance and shall be as follows:
4 (a) Civil Cases.
5 The fee for filing a complaint, petition, or other
6 pleading initiating a civil action, with the following
7 exceptions, shall be $150.
8 (A) When the amount of money or damages or the
9 value of personal property claimed does not exceed
10 $250, $10.
11 (B) When that amount exceeds $250 but does not
12 exceed $500, $20.
13 (C) When that amount exceeds $500 but does not
14 exceed $2500, $30.
15 (D) When that amount exceeds $2500 but does
16 not exceed $15,000, $75.
17 (E) For the exercise of eminent domain, $150.
18 For each additional lot or tract of land or right or
19 interest therein subject to be condemned, the
20 damages in respect to which shall require separate
21 assessment by a jury, $150.
22 (b) Forcible Entry and Detainer.
23 In each forcible entry and detainer case when the
24 plaintiff seeks possession only or unites with his or her
25 claim for possession of the property a claim for rent or
26 damages or both in the amount of $15,000 or less, $40.
27 When the plaintiff unites his or her claim for possession
28 with a claim for rent or damages or both exceeding
29 $15,000, $150.
30 (c) Counterclaim or Joining Third Party Defendant.
31 When any defendant files a counterclaim as part of
32 his or her answer or otherwise or joins another party as
33 a third party defendant, or both, the defendant shall pay
34 a fee for each counterclaim or third party action in an
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1 amount equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the relief
3 sought in the counterclaim or against the third party
4 defendant, less the amount of the appearance fee, if that
5 has been paid.
6 (d) Confession of Judgment.
7 In a confession of judgment when the amount does not
8 exceed $1500, $50. When the amount exceeds $1500, but
9 does not exceed $15,000, $115. When the amount exceeds
10 $15,000, $200.
11 (e) Appearance.
12 The fee for filing an appearance in each civil case
13 shall be $50, except as follows:
14 (A) When the plaintiff in a forcible entry and
15 detainer case seeks possession only; $20.
16 (B) When the amount in the case does not
17 exceed $1500, $20.
18 (C) When that amount exceeds $1500 but does
19 not exceed $15,000, $40.
20 (f) Garnishment, Wage Deduction, and Citation.
21 In garnishment affidavit, wage deduction affidavit,
22 and citation petition when the amount does not exceed
23 $1,000, $10; when the amount exceeds $1,000 but does not
24 exceed $5,000, $20; and when the amount exceeds $5,000,
25 $30.
26 (g) Petition to Vacate or Modify.
27 (1) Petition to vacate or modify any final judgment
28 or order of court, except in forcible entry and detainer
29 cases and small claims cases or a petition to reopen an
30 estate, to modify, terminate, or enforce a judgment or
31 order for child or spousal support, or to modify,
32 suspend, or terminate an order for withholding, if filed
33 before 30 days after the entry of the judgment or order,
34 $40.
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1 (2) Petition to vacate or modify any final judgment
2 or order of court, except a petition to modify,
3 terminate, or enforce a judgment or order for child or
4 spousal support or to modify, suspend, or terminate an
5 order for withholding, if filed later than 30 days after
6 the entry of the judgment or order, $60.
7 (3) Petition to vacate order of bond forfeiture,
8 $20.
9 (h) Mailing.
10 When the clerk is required to mail, the fee will be
11 $6, plus the cost of postage.
12 (i) Certified Copies.
13 Each certified copy of a judgment after the first,
14 except in small claims and forcible entry and detainer
15 cases, $10.
16 (j) Habeas Corpus.
17 For filing a petition for relief by habeas corpus,
18 $80.
19 (k) Certification, Authentication, and Reproduction.
20 (1) Each certification or authentication for taking
21 the acknowledgment of a deed or other instrument in
22 writing with the seal of office, $4.
23 (2) Court appeals when original documents are
24 forwarded, under 100 pages, plus delivery and costs, $50.
25 (3) Court appeals when original documents are
26 forwarded, over 100 pages, plus delivery and costs, $120.
27 (4) Court appeals when original documents are
28 forwarded, over 200 pages, an additional fee of 20 cents
29 per page.
30 (5) For reproduction of any document contained in
31 the clerk's files:
32 (A) First page, $2.
33 (B) Next 19 pages, 50 cents per page.
34 (C) All remaining pages, 25 cents per page.
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1 (l) Remands.
2 In any cases remanded to the Circuit Court from the
3 Supreme Court or the Appellate Court for a new trial, the
4 clerk shall file the remanding order and reinstate the
5 case with either its original number or a new number.
6 The Clerk shall not charge any new or additional fee for
7 the reinstatement. Upon reinstatement the Clerk shall
8 advise the parties of the reinstatement. A party shall
9 have the same right to a jury trial on remand and
10 reinstatement as he or she had before the appeal, and no
11 additional or new fee or charge shall be made for a jury
12 trial after remand.
13 (m) Record Search.
14 For each record search, within a division or
15 municipal district, the clerk shall be entitled to a
16 search fee of $4 for each year searched.
17 (n) Hard Copy.
18 For each page of hard copy print output, when case
19 records are maintained on an automated medium, the clerk
20 shall be entitled to a fee of $4.
21 (o) Index Inquiry and Other Records.
22 No fee shall be charged for a single
23 plaintiff/defendant index inquiry or single case record
24 inquiry when this request is made in person and the
25 records are maintained in a current automated medium, and
26 when no hard copy print output is requested. The fees to
27 be charged for management records, multiple case records,
28 and multiple journal records may be specified by the
29 Chief Judge pursuant to the guidelines for access and
30 dissemination of information approved by the Supreme
31 Court.
32 (p) Commitment Petitions.
33 For filing commitment petitions under the Mental
34 Health and Developmental Disabilities Code, $25.
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1 (q) Alias Summons.
2 For each alias summons or citation issued by the
3 clerk, $4.
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 $192.50 $180, as
23 a fee for the services of a jury in every civil action
24 not quasi-criminal in its nature and not a proceeding for
25 the exercise of the right of eminent domain and in every
26 other action wherein the right of trial by jury is or may
27 be given by law. The jury fee shall be paid by the party
28 demanding a jury at the time of filing the jury demand.
29 If the fee is not paid by either party, no jury shall be
30 called in the action or proceeding, and the same shall be
31 tried by the court without a jury.
32 (t) Voluntary Assignment.
33 For filing each deed of voluntary assignment, $10;
34 for recording the same, 25¢ for each 100 words.
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1 Exceptions filed to claims presented to an assignee of a
2 debtor who has made a voluntary assignment for the
3 benefit of creditors shall be considered and treated, for
4 the purpose of taxing costs therein, as actions in which
5 the party or parties filing the exceptions shall be
6 considered as party or parties plaintiff, and the
7 claimant or claimants as party or parties defendant, and
8 those parties respectively shall pay to the clerk the
9 same fees as provided by this Section to be paid in other
10 actions.
11 (u) Expungement Petition.
12 The clerk shall be entitled to receive a fee of $30
13 for each expungement petition filed and an additional fee
14 of $2 for each certified copy of an order to expunge
15 arrest records.
16 (v) Probate.
17 The clerk is entitled to receive the fees specified in
18 this subsection (v), which shall be paid in advance, except
19 that, for good cause shown, the court may suspend, reduce, or
20 release the costs payable under this subsection:
21 (1) For administration of the estate of a decedent
22 (whether testate or intestate) or of a missing person,
23 $100, plus the fees specified in subsection (v)(3),
24 except:
25 (A) When the value of the real and personal
26 property does not exceed $15,000, the fee shall be
27 $25.
28 (B) When (i) proof of heirship alone is made,
29 (ii) a domestic or foreign will is admitted to
30 probate without administration (including proof of
31 heirship), or (iii) letters of office are issued for
32 a particular purpose without administration of the
33 estate, the fee shall be $25.
34 (2) For administration of the estate of a ward,
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1 $50, plus the fees specified in subsection (v)(3),
2 except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be
5 $25.
6 (B) When (i) letters of office are issued to a
7 guardian of the person or persons, but not of the
8 estate or (ii) letters of office are issued in the
9 estate of a ward without administration of the
10 estate, including filing or joining in the filing of
11 a tax return or releasing a mortgage or consenting
12 to the marriage of the ward, the fee shall be $10.
13 (3) In addition to the fees payable under
14 subsection (v)(1) or (v)(2) of this Section, the
15 following fees are payable:
16 (A) For each account (other than one final
17 account) filed in the estate of a decedent, or ward,
18 $15.
19 (B) For filing a claim in an estate when the
20 amount claimed is $150 or more but less than $500,
21 $10; when the amount claimed is $500 or more but
22 less than $10,000, $25; when the amount claimed is
23 $10,000 or more, $40; provided that the court in
24 allowing a claim may add to the amount allowed the
25 filing fee paid by the claimant.
26 (C) For filing in an estate a claim, petition,
27 or supplemental proceeding based upon an action
28 seeking equitable relief including the construction
29 or contest of a will, enforcement of a contract to
30 make a will, and proceedings involving testamentary
31 trusts or the appointment of testamentary trustees,
32 $40.
33 (D) For filing in an estate (i) the appearance
34 of any person for the purpose of consent or (ii) the
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1 appearance of an executor, administrator,
2 administrator to collect, guardian, guardian ad
3 litem, or special administrator, no fee.
4 (E) Except as provided in subsection
5 (v)(3)(D), for filing the appearance of any person
6 or persons, $10.
7 (F) For each jury demand, $102.50 $90.
8 (G) For disposition of the collection of a
9 judgment or settlement of an action or claim for
10 wrongful death of a decedent or of any cause of
11 action of a ward, when there is no other
12 administration of the estate, $30, less any amount
13 paid under subsection (v)(1)(B) or (v)(2)(B) except
14 that if the amount involved does not exceed $5,000,
15 the fee, including any amount paid under subsection
16 (v)(1)(B) or (v)(2)(B), shall be $10.
17 (H) For each certified copy of letters of
18 office, of court order or other certification, $1,
19 plus 50¢ per page in excess of 3 pages for the
20 document certified.
21 (I) For each exemplification, $1, plus the fee
22 for certification.
23 (4) The executor, administrator, guardian,
24 petitioner, or other interested person or his or her
25 attorney shall pay the cost of publication by the clerk
26 directly to the newspaper.
27 (5) The person on whose behalf a charge is incurred
28 for witness, court reporter, appraiser, or other
29 miscellaneous fee shall pay the same directly to the
30 person entitled thereto.
31 (6) The executor, administrator, guardian,
32 petitioner, or other interested person or his attorney
33 shall pay to the clerk all postage charges incurred by
34 the clerk in mailing petitions, orders, notices, or other
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1 documents pursuant to the provisions of the Probate Act
2 of 1975.
3 (w) Criminal and Quasi-Criminal Costs and Fees.
4 (1) The clerk shall be entitled to costs in all
5 criminal and quasi-criminal cases from each person
6 convicted or sentenced to supervision therein as follows:
7 (A) Felony complaints, $80.
8 (B) Misdemeanor complaints, $50.
9 (C) Business offense complaints, $50.
10 (D) Petty offense complaints, $50.
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,
15 $20.
16 (H) Motions to vacate bond forfeiture orders,
17 $20.
18 (I) Motions to vacate ex parte judgments,
19 whenever filed, $20.
20 (J) Motions to vacate judgment on forfeitures,
21 whenever filed, $20.
22 (K) Motions to vacate "failure to appear" or
23 "failure to comply" notices sent to the Secretary of
24 State, $20.
25 (2) In counties having a population of more than
26 650,000 but fewer than 3,000,000 inhabitants, when the
27 violation complaint is issued by a municipal police
28 department, the clerk shall be entitled to costs from
29 each person convicted therein as follows:
30 (A) Minor traffic or ordinance violations,
31 $10.
32 (B) When court appearance required, $15.
33 (3) In ordinance violation cases punishable by fine
34 only, the clerk of the circuit court shall be entitled to
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1 receive, unless the fee is excused upon a finding by the
2 court that the defendant is indigent, in addition to
3 other fees or costs allowed or imposed by law, the sum of
4 $50 as a fee for the services of a jury. The jury fee
5 shall be paid by the defendant at the time of filing his
6 or her jury demand. If the fee is not so paid by the
7 defendant, no jury shall be called, and the case shall be
8 tried by the court without a jury.
9 (x) Transcripts of Judgment.
10 For the filing of a transcript of judgment, the
11 clerk shall be entitled to the same fee as if it were the
12 commencement of new suit.
13 (y) Change of Venue.
14 (1) For the filing of a change of case on a change
15 of venue, the clerk shall be entitled to the same fee as
16 if it were the commencement of a new suit.
17 (2) The fee for the preparation and certification
18 of a record on a change of venue to another jurisdiction,
19 when original documents are forwarded, $25.
20 (z) Tax objection complaints.
21 For each tax objection complaint containing one or
22 more tax objections, regardless of the number of parcels
23 involved or the number of taxpayers joining in the
24 complaint, $25.
25 (aa) Tax Deeds.
26 (1) Petition for tax deed, if only one parcel is
27 involved, $150.
28 (2) For each additional parcel, add a fee of $50.
29 (bb) Collections.
30 (1) For all collections made of others, except the
31 State and county and except in maintenance or child
32 support cases, a sum equal to 2.5% of the amount
33 collected and turned over.
34 (2) Interest earned on any funds held by the clerk
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1 shall be turned over to the county general fund as an
2 earning of the office.
3 (3) For any check, draft, or other bank instrument
4 returned to the clerk for non-sufficient funds, account
5 closed, or payment stopped, $25.
6 (4) In child support and maintenance cases, the
7 clerk, if authorized by an ordinance of the county board,
8 may collect an annual fee of up to $36 from the person
9 making payment for administering the collection and
10 distribution of maintenance and child support payments.
11 This fee shall be in addition to and separate from
12 amounts ordered to be paid as maintenance or child
13 support and shall be deposited into a Separate
14 Maintenance and Child Support Collection Fund, of which
15 the clerk shall be the custodian, ex-officio, to be used
16 by the clerk to further maintenance and child supports in
17 his or her office. The clerk may recover from the person
18 making the maintenance or child support payment any
19 additional cost incurred in the collection of this annual
20 fee.
21 The clerk shall also be entitled to a fee of $5 for
22 certifications made to the Secretary of State as provided
23 in Section 7-703 of the Family Financial Responsibility
24 Law and these fees shall also be deposited into the
25 Separate Maintenance and Child Support Collection Fund.
26 (cc) Corrections of Numbers.
27 For correction of the case number, case title, or
28 attorney computer identification number, if required by
29 rule of court, on any document filed in the clerk's
30 office, to be charged against the party that filed the
31 document, $15.
32 (dd) Exceptions.
33 The fee requirements of this Section shall not apply
34 to police departments or other law enforcement agencies.
-35- LRB9102932LDmb
1 In this Section, "law enforcement agency" means an agency
2 of the State or a unit of local government which is
3 vested by law or ordinance with the duty to maintain
4 public order and to enforce criminal laws or ordinances.
5 "Law enforcement agency" also means the Attorney General
6 or any state's attorney. The fee requirements of this
7 Section shall not apply to any action instituted under
8 subsection (b) of Section 11-31-1 of the Illinois
9 Municipal Code by a private owner or tenant of real
10 property within 1200 feet of a dangerous or unsafe
11 building seeking an order compelling the owner or owners
12 of the building to take any of the actions authorized
13 under that subsection.
14 (ee) Adoptions.
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (ff) Adoption exemptions.
22 No fee other than that set forth in subsection (ee)
23 shall be charged to any person in connection with an
24 adoption proceeding.
25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
27 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
28 Sec. 27.2a. The fees of the clerks of the circuit court
29 in all counties having a population of 3,000,000 or more
30 inhabitants in the instances described in this Section shall
31 be as provided in this Section. The fees shall be paid in
32 advance and shall be as follows:
33 (a) Civil Cases.
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1 The fee for filing a complaint, petition, or other
2 pleading initiating a civil action, with the following
3 exceptions, shall be $190.
4 (A) When the amount of money or damages or the
5 value of personal property claimed does not exceed
6 $250, $15.
7 (B) When that amount exceeds $250 but does not
8 exceed $1000, $40.
9 (C) When that amount exceeds $1000 but does
10 not exceed $2500, $50.
11 (D) When that amount exceeds $2500 but does
12 not exceed $5000, $100.
13 (E) When that amount exceeds $5000 but does
14 not exceed $15,000, $150.
15 (F) For the exercise of eminent domain, $150.
16 For each additional lot or tract of land or right or
17 interest therein subject to be condemned, the
18 damages in respect to which shall require separate
19 assessment by a jury, $150.
20 (b) Forcible Entry and Detainer.
21 In each forcible entry and detainer case when the
22 plaintiff seeks possession only or unites with his or her
23 claim for possession of the property a claim for rent or
24 damages or both in the amount of $15,000 or less, $75.
25 When the plaintiff unites his or her claim for possession
26 with a claim for rent or damages or both exceeding
27 $15,000, $225.
28 (c) Counterclaim or Joining Third Party Defendant.
29 When any defendant files a counterclaim as part of
30 his or her answer or otherwise or joins another party as
31 a third party defendant, or both, the defendant shall pay
32 a fee for each counterclaim or third party action in an
33 amount equal to the fee he or she would have had to pay
34 had he or she brought a separate action for the relief
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1 sought in the counterclaim or against the third party
2 defendant, less the amount of the appearance fee, if that
3 has been paid.
4 (d) Confession of Judgment.
5 In a confession of judgment when the amount does not
6 exceed $1500, $60. When the amount exceeds $1500, but
7 does not exceed $5000, $75. When the amount exceeds
8 $5000, but does not exceed $15,000, $175. When the amount
9 exceeds $15,000, $250.
10 (e) Appearance.
11 The fee for filing an appearance in each civil case
12 shall be $75, except as follows:
13 (A) When the plaintiff in a forcible entry and
14 detainer case seeks possession only, $40.
15 (B) When the amount in the case does not
16 exceed $1500, $40.
17 (C) When that amount exceeds $1500 but does
18 not exceed $15,000, $60.
19 (f) Garnishment, Wage Deduction, and Citation.
20 In garnishment affidavit, wage deduction affidavit,
21 and citation petition when the amount does not exceed
22 $1,000, $15; when the amount exceeds $1,000 but does not
23 exceed $5,000, $30; and when the amount exceeds $5,000,
24 $50.
25 (g) Petition to Vacate or Modify.
26 (1) Petition to vacate or modify any final judgment
27 or order of court, except in forcible entry and detainer
28 cases and small claims cases or a petition to reopen an
29 estate, to modify, terminate, or enforce a judgment or
30 order for child or spousal support, or to modify,
31 suspend, or terminate an order for withholding, if filed
32 before 30 days after the entry of the judgment or order,
33 $50.
34 (2) Petition to vacate or modify any final judgment
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1 or order of court, except a petition to modify,
2 terminate, or enforce a judgment or order for child or
3 spousal support or to modify, suspend, or terminate an
4 order for withholding, if filed later than 30 days after
5 the entry of the judgment or order, $75.
6 (3) Petition to vacate order of bond forfeiture,
7 $40.
8 (h) Mailing.
9 When the clerk is required to mail, the fee will be
10 $10, plus the cost of postage.
11 (i) Certified Copies.
12 Each certified copy of a judgment after the first,
13 except in small claims and forcible entry and detainer
14 cases, $15.
15 (j) Habeas Corpus.
16 For filing a petition for relief by habeas corpus,
17 $125.
18 (k) Certification, Authentication, and Reproduction.
19 (1) Each certification or authentication for taking
20 the acknowledgment of a deed or other instrument in
21 writing with the seal of office, $6.
22 (2) Court appeals when original documents are
23 forwarded, under 100 pages, plus delivery and costs, $75.
24 (3) Court appeals when original documents are
25 forwarded, over 100 pages, plus delivery and costs, $150.
26 (4) Court appeals when original documents are
27 forwarded, over 200 pages, an additional fee of 25 cents
28 per page.
29 (5) For reproduction of any document contained in
30 the clerk's files:
31 (A) First page, $2.
32 (B) Next 19 pages, 50 cents per page.
33 (C) All remaining pages, 25 cents per page.
34 (l) Remands.
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1 In any cases remanded to the Circuit Court from the
2 Supreme Court or the Appellate Court for a new trial, the
3 clerk shall file the remanding order and reinstate the
4 case with either its original number or a new number.
5 The Clerk shall not charge any new or additional fee for
6 the reinstatement. Upon reinstatement the Clerk shall
7 advise the parties of the reinstatement. A party shall
8 have the same right to a jury trial on remand and
9 reinstatement as he or she had before the appeal, and no
10 additional or new fee or charge shall be made for a jury
11 trial after remand.
12 (m) Record Search.
13 For each record search, within a division or
14 municipal district, the clerk shall be entitled to a
15 search fee of $6 for each year searched.
16 (n) Hard Copy.
17 For each page of hard copy print output, when case
18 records are maintained on an automated medium, the clerk
19 shall be entitled to a fee of $6.
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, $50.
34 (q) Alias Summons.
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1 For each alias summons or citation issued by the
2 clerk, $5.
3 (r) Other Fees.
4 Any fees not covered in this Section shall be set by
5 rule or administrative order of the Circuit Court with
6 the approval of the Administrative Office of the Illinois
7 Courts.
8 The clerk of the circuit court may provide
9 additional services for which there is no fee specified
10 by statute in connection with the operation of the
11 clerk's office as may be requested by the public and
12 agreed to by the clerk and approved by the chief judge of
13 the circuit court. Any charges for additional services
14 shall be as agreed to between the clerk and the party
15 making the request and approved by the chief judge of the
16 circuit court. Nothing in this subsection shall be
17 construed to require any clerk to provide any service not
18 otherwise required by law.
19 (s) Jury Services.
20 The clerk shall be entitled to receive, in addition
21 to other fees allowed by law, the sum of $212.50 $200, as
22 a fee for the services of a jury in every civil action
23 not quasi-criminal in its nature and not a proceeding for
24 the exercise of the right of eminent domain and in every
25 other action wherein the right of trial by jury is or may
26 be given by law. The jury fee shall be paid by the party
27 demanding a jury at the time of filing the jury demand.
28 If the fee is not paid by either party, no jury shall be
29 called in the action or proceeding, and the same shall be
30 tried by the court without a jury.
31 (t) Voluntary Assignment.
32 For filing each deed of voluntary assignment, $20;
33 for recording the same, 50¢ for each 100 words.
34 Exceptions filed to claims presented to an assignee of a
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1 debtor who has made a voluntary assignment for the
2 benefit of creditors shall be considered and treated, for
3 the purpose of taxing costs therein, as actions in which
4 the party or parties filing the exceptions shall be
5 considered as party or parties plaintiff, and the
6 claimant or claimants as party or parties defendant, and
7 those parties respectively shall pay to the clerk the
8 same fees as provided by this Section to be paid in other
9 actions.
10 (u) Expungement Petition.
11 The clerk shall be entitled to receive a fee of $60
12 for each expungement petition filed and an additional fee
13 of $4 for each certified copy of an order to expunge
14 arrest records.
15 (v) Probate.
16 The clerk is entitled to receive the fees specified in
17 this subsection (v), which shall be paid in advance, except
18 that, for good cause shown, the court may suspend, reduce, or
19 release the costs payable under this subsection:
20 (1) For administration of the estate of a decedent
21 (whether testate or intestate) or of a missing person,
22 $150, 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 $40.
27 (B) When (i) proof of heirship alone is made,
28 (ii) a domestic or foreign will is admitted to
29 probate without administration (including proof of
30 heirship), or (iii) letters of office are issued for
31 a particular purpose without administration of the
32 estate, the fee shall be $40.
33 (2) For administration of the estate of a ward,
34 $75, plus the fees specified in subsection (v)(3),
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1 except:
2 (A) When the value of the real and personal
3 property does not exceed $15,000, the fee shall be
4 $40.
5 (B) When (i) letters of office are issued to a
6 guardian of the person or persons, but not of the
7 estate or (ii) letters of office are issued in the
8 estate of a ward without administration of the
9 estate, including filing or joining in the filing of
10 a tax return or releasing a mortgage or consenting
11 to the marriage of the ward, the fee shall be $20.
12 (3) In addition to the fees payable under
13 subsection (v)(1) or (v)(2) of this Section, the
14 following fees are payable:
15 (A) For each account (other than one final
16 account) filed in the estate of a decedent, or ward,
17 $25.
18 (B) For filing a claim in an estate when the
19 amount claimed is $150 or more but less than $500,
20 $20; when the amount claimed is $500 or more but
21 less than $10,000, $40; when the amount claimed is
22 $10,000 or more, $60; provided that the court in
23 allowing a claim may add to the amount allowed the
24 filing fee paid by the claimant.
25 (C) For filing in an estate a claim, petition,
26 or supplemental proceeding based upon an action
27 seeking equitable relief including the construction
28 or contest of a will, enforcement of a contract to
29 make a will, and proceedings involving testamentary
30 trusts or the appointment of testamentary trustees,
31 $60.
32 (D) For filing in an estate (i) the appearance
33 of any person for the purpose of consent or (ii) the
34 appearance of an executor, administrator,
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1 administrator to collect, guardian, guardian ad
2 litem, or special administrator, no fee.
3 (E) Except as provided in subsection
4 (v)(3)(D), for filing the appearance of any person
5 or persons, $30.
6 (F) For each jury demand, $137.50 $125.
7 (G) For disposition of the collection of a
8 judgment or settlement of an action or claim for
9 wrongful death of a decedent or of any cause of
10 action of a ward, when there is no other
11 administration of the estate, $50, less any amount
12 paid under subsection (v)(1)(B) or (v)(2)(B) except
13 that if the amount involved does not exceed $5,000,
14 the fee, including any amount paid under subsection
15 (v)(1)(B) or (v)(2)(B), shall be $20.
16 (H) For each certified copy of letters of
17 office, of court order or other certification, $2,
18 plus $1 per page in excess of 3 pages for the
19 document certified.
20 (I) For each exemplification, $2, plus the fee
21 for certification.
22 (4) The executor, administrator, guardian,
23 petitioner, or other interested person or his or her
24 attorney shall pay the cost of publication by the clerk
25 directly to the newspaper.
26 (5) The person on whose behalf a charge is incurred
27 for witness, court reporter, appraiser, or other
28 miscellaneous fee shall pay the same directly to the
29 person entitled thereto.
30 (6) The executor, administrator, guardian,
31 petitioner, or other interested person or his or her
32 attorney shall pay to the clerk all postage charges
33 incurred by the clerk in mailing petitions, orders,
34 notices, or other documents pursuant to the provisions of
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1 the Probate Act of 1975.
2 (w) Criminal and Quasi-Criminal Costs and Fees.
3 (1) The clerk shall be entitled to costs in all
4 criminal and quasi-criminal cases from each person
5 convicted or sentenced to supervision therein as follows:
6 (A) Felony complaints, $125.
7 (B) Misdemeanor complaints, $75.
8 (C) Business offense complaints, $75.
9 (D) Petty offense complaints, $75.
10 (E) Minor traffic or ordinance violations,
11 $30.
12 (F) When court appearance required, $50.
13 (G) Motions to vacate or amend final orders,
14 $40.
15 (H) Motions to vacate bond forfeiture orders,
16 $30.
17 (I) Motions to vacate ex parte judgments,
18 whenever filed, $30.
19 (J) Motions to vacate judgment on forfeitures,
20 whenever filed, $25.
21 (K) Motions to vacate "failure to appear" or
22 "failure to comply" notices sent to the Secretary of
23 State, $40.
24 (2) In counties having a population of 3,000,000 or
25 more, when the violation complaint is issued by a
26 municipal police department, the clerk shall be entitled
27 to costs from each person convicted therein as follows:
28 (A) Minor traffic or ordinance violations,
29 $30.
30 (B) When court appearance required, $50.
31 (3) In ordinance violation cases punishable by fine
32 only, the clerk of the circuit court shall be entitled to
33 receive, unless the fee is excused upon a finding by the
34 court that the defendant is indigent, in addition to
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1 other fees or costs allowed or imposed by law, the sum of
2 $112.50 $100 as a fee for the services of a jury. The
3 jury fee shall be paid by the defendant at the time of
4 filing his or her jury demand. If the fee is not so paid
5 by the defendant, no jury shall be called, and the case
6 shall be tried by the court without a jury.
7 (x) Transcripts of Judgment.
8 For the filing of a transcript of judgment, the
9 clerk shall be entitled to the same fee as if it were the
10 commencement of a new suit.
11 (y) Change of Venue.
12 (1) For the filing of a change of case on a change
13 of venue, the clerk shall be entitled to the same fee as
14 if it were the commencement of a new suit.
15 (2) The fee for the preparation and certification
16 of a record on a change of venue to another jurisdiction,
17 when original documents are forwarded, $40.
18 (z) Tax objection complaints.
19 For each tax objection complaint containing one or
20 more tax objections, regardless of the number of parcels
21 involved or the number of taxpayers joining in the
22 complaint, $50.
23 (aa) Tax Deeds.
24 (1) Petition for tax deed, if only one parcel is
25 involved, $250.
26 (2) For each additional parcel, add a fee of $100.
27 (bb) Collections.
28 (1) For all collections made of others, except the
29 State and county and except in maintenance or child
30 support cases, a sum equal to 3.0% of the amount
31 collected and turned over.
32 (2) Interest earned on any funds held by the clerk
33 shall be turned over to the county general fund as an
34 earning of the office.
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1 (3) For any check, draft, or other bank instrument
2 returned to the clerk for non-sufficient funds, account
3 closed, or payment stopped, $25.
4 (4) In child support and maintenance cases, the
5 clerk, if authorized by an ordinance of the county board,
6 may collect an annual fee of up to $36 from the person
7 making payment for administering the collection and
8 distribution of maintenance and child support payments.
9 This fee shall be in addition to and separate from
10 amounts ordered to be paid as maintenance or child
11 support and shall be deposited into a Separate
12 Maintenance and Child Support Collection Fund, of which
13 the clerk shall be the custodian, ex-officio, to be used
14 by the clerk to further maintenance and child supports in
15 his or her office. The clerk may recover from the person
16 making the maintenance or child support payment any
17 additional cost incurred in the collection of this annual
18 fee.
19 The clerk shall also be entitled to a fee of $5 for
20 certifications made to the Secretary of State as provided
21 in Section 7-703 of the Family Financial Responsibility
22 Law and these fees shall also be deposited into the
23 Separate Maintenance and Child Support Collection Fund.
24 (cc) Corrections of Numbers.
25 For correction of the case number, case title, or
26 attorney computer identification number, if required by
27 rule of court, on any document filed in the clerk's
28 office, to be charged against the party that filed the
29 document, $25.
30 (dd) Exceptions.
31 (1) The fee requirements of this Section shall not
32 apply to police departments or other law enforcement
33 agencies. In this Section, "law enforcement agency"
34 means an agency of the State or a unit of local
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1 government which is vested by law or ordinance with the
2 duty to maintain public order and to enforce criminal
3 laws or ordinances. "Law enforcement agency" also means
4 the Attorney General or any state's attorney.
5 (2) No fee provided herein shall be charged to any
6 unit of local government or school district. The fee
7 requirements of this Section shall not apply to any
8 action instituted under subsection (b) of Section 11-31-1
9 of the Illinois Municipal Code by a private owner or
10 tenant of real property within 1200 feet of a dangerous
11 or unsafe building seeking an order compelling the owner
12 or owners of the building to take any of the actions
13 authorized under that subsection.
14 (ee) Adoption.
15 (1) For an adoption.............................$65
16 (2) Upon good cause shown, the court may waive the
17 adoption filing fee in a special needs adoption. The
18 term "special needs adoption" shall have the meaning
19 ascribed to it by the Illinois Department of Children and
20 Family Services.
21 (ff) Adoption exemptions.
22 No fee other than that set forth in subsection (ee)
23 shall be charged to any person in connection with an
24 adoption proceeding.
25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
27 Section 15. The Jury Secrecy Act is amended by adding
28 Section 2 as follows:
29 (705 ILCS 315/2 new)
30 Sec. 2. Secrecy of jury. A judge may prohibit the
31 release to the public of the name of any member of a jury
32 sitting in a court over which the judge presides if the judge
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1 finds that there would be a reasonable threat of harm to the
2 juror if his or her name were released.