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91_HB2032
LRB9105108RCdv
1 AN ACT to amend the Clerks of Courts Act by changing
2 Section 27.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clerks of Courts Act is amended by
6 changing Section 27.1 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 every county all counties having a population of 180,000
10 inhabitants or less shall be paid in advance, except as
11 otherwise provided, 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,
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1 or when the disposition is court supervision....... $25
2 (3) Each person convicted of a business
3 offense............................................ $25
4 (4) Each person convicted of a petty offense. $25
5 (5) Minor traffic, conservation, or
6 ordinance violation, including
7 without limitation when the disposition is
8 court supervision:
9 (i) For each offense.................... $10
10 (ii) For each notice sent to the
11 defendant's last known address pursuant to
12 subsection (c) of Section 6-306.4 of the Illinois
13 Vehicle Code....................................... $2
14 (iii) For each notice sent to the
15 Secretary of State pursuant to subsection (c) of
16 Section 6-306.4 of the Illinois Vehicle Code....... $2
17 (6) When Court Appearance required........... $15
18 (7) Motions to vacate or amend final orders.. $10
19 (8) In ordinance violation cases punishable
20 by fine only, the clerk of the circuit court shall
21 be entitled to receive, unless the fee is excused
22 upon a finding by the court that the defendant is
23 indigent, in addition to other fees or costs
24 allowed or imposed by law, the sum of $50 as a fee
25 for the services of a jury. The jury fee shall be
26 paid by the defendant at the time of filing his or
27 her jury demand. If the fee is not so paid by the
28 defendant, no jury shall be called, and the case
29 shall be tried by the court without a 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 $50, as a fee for the
8 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.)