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91_HB2845sam001
SRS91HB2845JJcham03
1 AMENDMENT TO HOUSE BILL 2845
2 AMENDMENT NO. . Amend House Bill 2845 by replacing
3 the title with the following:
4 AN ACT to amend the Clerks of Courts Act by changing
5 Sections 27.1, 27.1a, 27.2, and 27.2a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Clerks of Courts Act is amended by
9 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
10 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
11 Sec. 27.1. The fees of the Clerk of the Circuit Court in
12 all counties having a population of 180,000 inhabitants or
13 less shall be paid in advance, except as otherwise provided,
14 and shall be as follows:
15 (a) Civil Cases
16 (1) All civil cases except as otherwise
17 provided........................................... $40
18 (2) Judicial Sales (except Probate).......... $40
19 (b) Family
20 (1) Commitment petitions under the Mental
21 Health and Developmental Disabilities Code, filing
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1 transcript of commitment proceedings held in
2 another county, and cases under the Juvenile Court
3 Act of 1987........................................ $25
4 (2) Petition for Marriage Licenses........... $10
5 (3) Marriages in Court....................... $10
6 (4) Paternity................................ $40
7 (c) Criminal and Quasi-Criminal
8 (1) Each person convicted of a felony........ $40
9 (2) Each person convicted of a misdemeanor,
10 leaving scene of an accident, driving while
11 intoxicated, reckless driving or drag racing,
12 driving when license revoked or suspended,
13 overweight, or no interstate commerce certificate,
14 or when the disposition is court supervision....... $25
15 (3) Each person convicted of a business
16 offense............................................ $25
17 (4) Each person convicted of a petty offense. $25
18 (5) Minor traffic, conservation, or
19 ordinance violation, including
20 without limitation when the disposition is
21 court supervision:
22 (i) For each offense.................... $10
23 (ii) For each notice sent to the
24 defendant's last known address pursuant to
25 subsection (c) of Section 6-306.4 of the Illinois
26 Vehicle Code....................................... $2
27 (iii) For each notice sent to the
28 Secretary of State pursuant to subsection (c) of
29 Section 6-306.4 of the Illinois Vehicle Code....... $2
30 (6) When Court Appearance required........... $15
31 (7) Motions to vacate or amend final orders.. $10
32 (8) In ordinance violation cases punishable
33 by fine only, the clerk of the circuit court shall
34 be entitled to receive, unless the fee is excused
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1 upon a finding by the court that the defendant is
2 indigent, in addition to other fees or costs
3 allowed or imposed by law, the sum of $50 as a fee
4 for the services of a jury. The jury fee shall be
5 paid by the defendant at the time of filing his or
6 her jury demand. If the fee is not so paid by the
7 defendant, no jury shall be called, and the case
8 shall be tried by the court without a jury.
9 (d) Other Civil Cases
10 (1) Money or personal property claimed does
11 not exceed $500.................................... $10
12 (2) Exceeds $500 but not more than $10,000... $25
13 (3) Exceeds $10,000, when relief in addition
14 to or supplemental to recovery of money alone is
15 sought in an action to recover personal property
16 taxes or retailers occupational tax regardless of
17 amount claimed..................................... $45
18 (4) The Clerk of the Circuit Court shall be
19 entitled to receive, in addition to other fees
20 allowed by law, the sum of $50, as a fee for the
21 services of a jury in every civil action not
22 quasi-criminal in its nature and not a proceeding
23 for the exercise of the right of eminent domain,
24 and in every equitable action wherein the right of
25 trial by jury is or may be given by law. The jury
26 fee shall be paid by the party demanding a jury at
27 the time of filing his jury demand. If such a fee
28 is not paid by either party, no jury shall be
29 called in the action, suit, or proceeding, and the
30 same shall be tried by the court without a jury.
31 (e) Confession of judgment and answer
32 (1) When the amount does not exceed $1,000... $20
33 (2) Exceeds $1,000........................... $40
34 (f) Auxiliary Proceedings
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1 Any auxiliary proceeding relating to the
2 collection of a money judgment, including
3 garnishment, citation, or wage deduction action.... $5
4 (g) Forcible entry and detainer
5 (1) For possession only or possession and
6 rent not in excess of $10,000...................... $10
7 (2) For possession and rent in excess of
8 $10,000............................................ $40
9 (h) Eminent Domain
10 (1) Exercise of Eminent Domain............... $45
11 (2) For each and every lot or tract of land
12 or right or interest therein subject to be
13 condemned, the damages in respect to which shall
14 require separate assessments by a jury............. $45
15 (i) Reinstatement
16 Each case including petition for modification
17 of a judgment or order of Court if filed later than
18 30 days after the entry of a judgment or order,
19 except in forcible entry and detainer cases and
20 small claims and except a petition to modify,
21 terminate, or enforce a judgement or order for
22 child or spousal support or to modify, suspend, or
23 terminate an order for withholding, petition to
24 vacate judgment of dismissal for want of
25 prosecution whenever filed, petition to reopen an
26 estate, or redocketing of any cause................ $20
27 (j) Probate
28 (1) Administration of decedent's estates,
29 whether testate or intestate, guardianships of the
30 person or estate or both of a person under legal
31 disability, guardianships of the person or estate
32 or both of a minor or minors, or petitions to sell
33 real estate in the administration of any estate.... $50
34 (2) Small estates in cases where the real and
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1 personal property of an estate does not exceed
2 $5,000............................................. $25
3 (3) At any time during the administration of
4 the estate, however, at the request of the Clerk,
5 the Court shall examine the record of the estate
6 and the personal representative to determine the
7 total value of the real and personal property of
8 the estate, and if such value exceeds $5,000 shall
9 order the payment of an additional fee in the
10 amount of.......................................... $40
11 (4) Inheritance tax proceedings.............. $15
12 (5) Issuing letters only for a certain
13 specific reason other than the administration of an
14 estate, including but not limited to the release of
15 mortgage; the issue of letters of guardianship in
16 order that consent to marriage may be granted or
17 for some other specific reason other than for the
18 care of property or person; proof of heirship
19 without administration; or when a will is to be
20 admitted to probate, but the estate is to be
21 settled without administration..................... $10
22 (6) When a separate complaint relating to any
23 matter other than a routine claim is filed in an
24 estate, the required additional fee shall be
25 charged for such filing............................ $45
26 (k) Change of Venue
27 From a court, the charge is the same amount as
28 the original filing fee; however, the fee for
29 preparation and certification of record on change
30 of venue, when original documents or copies are
31 forwarded.......................................... $10
32 (l) Answer, adverse pleading, or appearance
33 In civil cases.......... $15
34 With the following exceptions:
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1 (1) When the amount does not exceed $500..... $5
2 (2) When amount exceeds $500 but not $10,000. $10
3 (3) When amount exceeds $10,000.............. $15
4 (4) Court appeals when documents are
5 forwarded, over 200 pages, additional fee per page
6 over 200........................................... 10¢
7 (m) Tax objection complaints
8 For each tax objection complaint containing
9 one or more tax objections, regardless of the
10 number of parcels involved or the number of
11 taxpayers joining the complaint.................... $10
12 (n) Tax deed
13 (1) Petition for tax deed, if only one parcel
14 is involved........................................ $45
15 (2) For each additional parcel involved, an
16 additional fee of.................................. $10
17 (o) Mailing Notices and Processes
18 (1) All notices that the clerk is required to
19 mail as first class mail........................... $2
20 (2) For all processes or notices the Clerk is
21 required to mail by certified or registered mail,
22 the fee will be $2 plus cost of postage.
23 (p) Certification or Authentication
24 (1) Each certification or authentication for
25 taking the acknowledgement of a deed or other
26 instrument in writing with seal of office.......... $2
27 (2) Court appeals when original documents are
28 forwarded, 100 pages or under, plus delivery costs. $25
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery costs..... $60
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, additional fee per page
33 over 200........................................... 10¢
34 (q) Reproductions
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1 Each record of proceedings and judgment,
2 whether on appeal, change of venue, certified
3 copies of orders and judgments, and all other
4 instruments, documents, records, or papers:
5 (1) First page.......................... $1
6 (2) Next 19 pages, per page............. 50¢
7 (3) All remaining pages, per page....... 25¢
8 (r) Counterclaim
9 When any defendant files a counterclaim as
10 part of his or her answer or otherwise, or joins
11 another party as a third party defendant, or both,
12 he or she shall pay a fee for each such
13 counterclaim or third party action in an amount
14 equal to the fee he or she would have had to pay
15 had he or she brought a separate action for the
16 relief sought in the counterclaim or against the
17 third party defendant, less the amount of the
18 appearance fee, if that has been paid.
19 (s) Transcript of Judgment
20 From a court, the same fee as if case
21 originally filed.
22 (t) Publications
23 The cost of publication shall be paid directly
24 to the publisher by the person seeking the
25 publication, whether the clerk is required by law
26 to publish, or the parties to the action.
27 (u) Collections
28 (1) For all collections made for others,
29 except the State and County and except in
30 maintenance or child support cases, a sum equal to
31 2% of the amount collected and turned over.
32 (2) In any cases remanded to the Circuit
33 Court from the Supreme Court or the Appellate
34 Court, the Clerk shall file the remanding order and
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1 reinstate the case with either its original number
2 or a new number. The Clerk shall not charge any
3 new or additional fee for the reinstatement. Upon
4 reinstatement the Clerk shall advise the parties of
5 the reinstatement. A party shall have the same
6 right to a jury trial on remand and reinstatement
7 as he or she had before the appeal, and no
8 additional or new fee or charge shall be made for a
9 jury trial after remand.
10 (3) In maintenance and child support matters,
11 the Clerk may deduct from each payment an amount
12 equal to the United States postage to be used in
13 mailing the maintenance or child support check to
14 the recipient. In such cases, the Clerk shall
15 collect an annual fee of up to $36 from the person
16 making such payment for maintaining child support
17 records and the processing of support orders to the
18 State of Illinois KIDS system and the recording of
19 payments issued by the State Disbursement Unit for
20 the official record of the Court administering the
21 collection and distribution of maintenance and
22 child support payments. Such sum shall be in
23 addition to and separate from amounts ordered to be
24 paid as maintenance or child support and shall be
25 deposited in a separate Maintenance and Child
26 Support Collection Fund of which the Clerk shall be
27 the custodian, ex officio, to be used by the Clerk
28 to maintain child support orders and record all
29 payments issued by the State Disbursement Unit for
30 the official record of the Court further
31 maintenance and child support collection efforts in
32 his office. Unless paid in cash or pursuant to an
33 order for withholding, the payment of the fee shall
34 be by a separate instrument from the support
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1 payment and shall be made to the order of the
2 Clerk. The Clerk may recover from the person making
3 the maintenance or child support payment any
4 additional cost incurred in the collection of this
5 annual fee.
6 The Clerk shall also be entitled to a fee of
7 $5 for certifications made to the Secretary of
8 State as provided in Section 7-703 of the Family
9 Financial Responsibility Law and these fees shall
10 also be deposited into the Separate Maintenance and
11 Child Support Collection Fund.
12 (v) Correction of Cases
13 For correcting the case number or case title
14 on any document filed in his office, to be charged
15 against the party that filed the document.......... $10
16 (w) Record Search
17 For searching a record, per year searched..... $4
18 (x) Printed Output
19 For each page of hard copy print output, when
20 case records are maintained on an automated medium. $2
21 (y) Alias Summons
22 For each alias summons issued................. $2
23 (z) Expungement of Records
24 For each expungement petition filed........... $15
25 (aa) Other Fees
26 Any fees not covered by this Section shall be set by
27 rule or administrative order of the Circuit Court, with
28 the approval of the Supreme Court.
29 (bb) Exemptions
30 No fee provided for herein shall be charged to any
31 unit of State or local government or school district
32 unless the Court orders another party to pay such fee on
33 its behalf. The fee requirements of this Section shall
34 not apply to police departments or other law enforcement
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1 agencies. In this Section, "law enforcement agency"
2 means an agency of the State or a unit of local
3 government that is vested by law or ordinance with the
4 duty to maintain public order and to enforce criminal
5 laws and ordinances. The fee requirements of this Section
6 shall not apply to any action instituted under subsection
7 (b) of Section 11-31-1 of the Illinois Municipal Code by
8 a private owner or tenant of real property within 1200
9 feet of a dangerous or unsafe building seeking an order
10 compelling the owner or owners of the building to take
11 any of the actions authorized under that subsection.
12 (cc) Adoptions
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (dd) Adoption exemptions
20 No fee other than that set forth in subsection (cc)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (ee) Additional Services
24 Beginning July 1, 1993, the clerk of the circuit
25 court may provide such additional services for which
26 there is no fee specified by statute in connection with
27 the operation of the clerk's office as may be requested
28 by the public and agreed to by the public and by the
29 clerk and approved by the chief judge of the circuit
30 court. Any charges for additional services shall be as
31 agreed to between the clerk and the party making the
32 request and approved by the chief judge of the circuit
33 court. Nothing in this subsection shall be as agreed to
34 between the clerk and the party making the request.
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1 Nothing in this subsection shall be construed to require
2 any clerk to provide any service not otherwise required
3 by law.
4 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
5 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
6 12-31-98.)
7 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
8 Sec. 27.1a. The fees of the clerks of the circuit court
9 in all counties having a population in excess of 180,000 but
10 not more than 650,000 inhabitants in the instances described
11 in this Section shall be as provided in this Section. The
12 fees shall be paid in advance and shall be as follows:
13 (a) Civil Cases.
14 The fee for filing a complaint, petition, or other
15 pleading initiating a civil action, with the following
16 exceptions, shall be $150.
17 (A) When the amount of money or damages or the
18 value of personal property claimed does not exceed
19 $250, $10.
20 (B) When that amount exceeds $250 but does not
21 exceed $500, $20.
22 (C) When that amount exceeds $500 but does not
23 exceed $2500, $30.
24 (D) When that amount exceeds $2500 but does
25 not exceed $15,000, $75.
26 (E) For the exercise of eminent domain, $150.
27 For each additional lot or tract of land or right or
28 interest therein subject to be condemned, the
29 damages in respect to which shall require separate
30 assessment by a jury, $150.
31 (a-1) Family.
32 For filing a petition under the Juvenile Court Act
33 of 1987, $25.
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1 For filing a petition for a marriage license, $10.
2 For performing a marriage in court, $10.
3 For filing a petition under the Illinois Parentage
4 Act of 1984, $40.
5 (b) Forcible Entry and Detainer.
6 In each forcible entry and detainer case when the
7 plaintiff seeks possession only or unites with his or her
8 claim for possession of the property a claim for rent or
9 damages or both in the amount of $15,000 or less, $40.
10 When the plaintiff unites his or her claim for possession
11 with a claim for rent or damages or both exceeding
12 $15,000, $150.
13 (c) Counterclaim or Joining Third Party Defendant.
14 When any defendant files a counterclaim as part of
15 his or her answer or otherwise or joins another party as
16 a third party defendant, or both, the defendant shall pay
17 a fee for each counterclaim or third party action in an
18 amount equal to the fee he or she would have had to pay
19 had he or she brought a separate action for the relief
20 sought in the counterclaim or against the third party
21 defendant, less the amount of the appearance fee, if that
22 has been paid.
23 (d) Confession of Judgment.
24 In a confession of judgment when the amount does not
25 exceed $1500, $50. When the amount exceeds $1500, but
26 does not exceed $15,000, $115. When the amount exceeds
27 $15,000, $200.
28 (e) Appearance.
29 The fee for filing an appearance in each civil case
30 shall be $50, except as follows:
31 (A) When the plaintiff in a forcible entry and
32 detainer case seeks possession only, $20.
33 (B) When the amount in the case does not
34 exceed $1500, $20.
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1 (C) When that amount exceeds $1500 but does
2 not exceed $15,000, $40.
3 (f) Garnishment, Wage Deduction, and Citation.
4 In garnishment affidavit, wage deduction affidavit,
5 and citation petition when the amount does not exceed
6 $1,000, $10; when the amount exceeds $1,000 but does not
7 exceed $5,000, $20; and when the amount exceeds $5,000,
8 $30.
9 (g) Petition to Vacate or Modify.
10 (1) Petition to vacate or modify any final judgment
11 or order of court, except in forcible entry and detainer
12 cases and small claims cases or a petition to reopen an
13 estate, to modify, terminate, or enforce a judgment or
14 order for child or spousal support, or to modify,
15 suspend, or terminate an order for withholding, if filed
16 before 30 days after the entry of the judgment or order,
17 $40.
18 (2) Petition to vacate or modify any final judgment
19 or order of court, except a petition to modify,
20 terminate, or enforce a judgment or order for child or
21 spousal support or to modify, suspend, or terminate an
22 order for withholding, if filed later than 30 days after
23 the entry of the judgment or order, $60.
24 (3) Petition to vacate order of bond forfeiture,
25 $20.
26 (h) Mailing.
27 When the clerk is required to mail, the fee will be
28 $6, plus the cost of postage.
29 (i) Certified Copies.
30 Each certified copy of a judgment after the first,
31 except in small claims and forcible entry and detainer
32 cases, $10.
33 (j) Habeas Corpus.
34 For filing a petition for relief by habeas corpus,
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1 $80.
2 (k) Certification, Authentication, and Reproduction.
3 (1) Each certification or authentication for taking
4 the acknowledgment of a deed or other instrument in
5 writing with the seal of office, $4.
6 (2) Court appeals when original documents are
7 forwarded, under 100 pages, plus delivery and costs, $50.
8 (3) Court appeals when original documents are
9 forwarded, over 100 pages, plus delivery and costs, $120.
10 (4) Court appeals when original documents are
11 forwarded, over 200 pages, an additional fee of 20 cents
12 per page.
13 (5) For reproduction of any document contained in
14 the clerk's files:
15 (A) First page, $2.
16 (B) Next 19 pages, 50 cents per page.
17 (C) All remaining pages, 25 cents per page.
18 (l) Remands.
19 In any cases remanded to the Circuit Court from the
20 Supreme Court or the Appellate Court for a new trial, the
21 clerk shall file the remanding order and reinstate the
22 case with either its original number or a new number. The
23 Clerk shall not charge any new or additional fee for the
24 reinstatement. Upon reinstatement the Clerk shall advise
25 the parties of the reinstatement. A party shall have the
26 same right to a jury trial on remand and reinstatement as
27 he or she had before the appeal, and no additional or new
28 fee or charge shall be made for a jury trial after
29 remand.
30 (m) Record Search.
31 For each record search, within a division or
32 municipal district, the clerk shall be entitled to a
33 search fee of $4 for each year searched.
34 (n) Hard Copy.
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1 For each page of hard copy print output, when case
2 records are maintained on an automated medium, the clerk
3 shall be entitled to a fee of $4.
4 (o) Index Inquiry and Other Records.
5 No fee shall be charged for a single
6 plaintiff/defendant index inquiry or single case record
7 inquiry when this request is made in person and the
8 records are maintained in a current automated medium, and
9 when no hard copy print output is requested. The fees to
10 be charged for management records, multiple case records,
11 and multiple journal records may be specified by the
12 Chief Judge pursuant to the guidelines for access and
13 dissemination of information approved by the Supreme
14 Court.
15 (p) Commitment Petitions.
16 For filing commitment petitions under the Mental
17 Health and Developmental Disabilities Code and for filing
18 a transcript of commitment proceedings held in another
19 county, $25.
20 (q) Alias Summons.
21 For each alias summons or citation issued by the
22 clerk, $4.
23 (r) Other Fees.
24 Any fees not covered in this Section shall be set by
25 rule or administrative order of the Circuit Court with
26 the approval of the Administrative Office of the Illinois
27 Courts.
28 The clerk of the circuit court may provide
29 additional services for which there is no fee specified
30 by statute in connection with the operation of the
31 clerk's office as may be requested by the public and
32 agreed to by the clerk and approved by the chief judge of
33 the circuit court. Any charges for additional services
34 shall be as agreed to between the clerk and the party
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1 making the request and approved by the chief judge of the
2 circuit court. Nothing in this subsection shall be
3 construed to require any clerk to provide any service not
4 otherwise required by law.
5 (s) Jury Services.
6 The clerk shall be entitled to receive, in addition
7 to other fees allowed by law, the sum of $180, as a fee
8 for the services of a jury in every civil action not
9 quasi-criminal in its nature and not a proceeding for the
10 exercise of the right of eminent domain and in every
11 other action wherein the right of trial by jury is or may
12 be given by law. The jury fee shall be paid by the party
13 demanding a jury at the time of filing the jury demand.
14 If the fee is not paid by either party, no jury shall be
15 called in the action or proceeding, and the same shall be
16 tried by the court without a jury.
17 (t) Voluntary Assignment.
18 For filing each deed of voluntary assignment, $10;
19 for recording the same, 25¢ for each 100 words.
20 Exceptions filed to claims presented to an assignee of a
21 debtor who has made a voluntary assignment for the
22 benefit of creditors shall be considered and treated, for
23 the purpose of taxing costs therein, as actions in which
24 the party or parties filing the exceptions shall be
25 considered as party or parties plaintiff, and the
26 claimant or claimants as party or parties defendant, and
27 those parties respectively shall pay to the clerk the
28 same fees as provided by this Section to be paid in other
29 actions.
30 (u) Expungement Petition.
31 The clerk shall be entitled to receive a fee of $30
32 for each expungement petition filed and an additional fee
33 of $2 for each certified copy of an order to expunge
34 arrest records.
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1 (v) Probate.
2 The clerk is entitled to receive the fees specified in
3 this subsection (v), which shall be paid in advance, except
4 that, for good cause shown, the court may suspend, reduce, or
5 release the costs payable under this subsection:
6 (1) For administration of the estate of a decedent
7 (whether testate or intestate) or of a missing person,
8 $100, plus the fees specified in subsection (v)(3),
9 except:
10 (A) When the value of the real and personal
11 property does not exceed $15,000, the fee shall be
12 $25.
13 (B) When (i) proof of heirship alone is made,
14 (ii) a domestic or foreign will is admitted to
15 probate without administration (including proof of
16 heirship), or (iii) letters of office are issued for
17 a particular purpose without administration of the
18 estate, the fee shall be $25.
19 (2) For administration of the estate of a ward,
20 $50, plus the fees specified in subsection (v)(3),
21 except:
22 (A) When the value of the real and personal
23 property does not exceed $15,000, the fee shall be
24 $25.
25 (B) When (i) letters of office are issued to a
26 guardian of the person or persons, but not of the
27 estate or (ii) letters of office are issued in the
28 estate of a ward without administration of the
29 estate, including filing or joining in the filing of
30 a tax return or releasing a mortgage or consenting
31 to the marriage of the ward, the fee shall be $10.
32 (3) In addition to the fees payable under
33 subsection (v)(1) or (v)(2) of this Section, the
34 following fees are payable:
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1 (A) For each account (other than one final
2 account) filed in the estate of a decedent, or ward,
3 $15.
4 (B) For filing a claim in an estate when the
5 amount claimed is $150 or more but less than $500,
6 $10; when the amount claimed is $500 or more but
7 less than $10,000, $25; when the amount claimed is
8 $10,000 or more, $40; provided that the court in
9 allowing a claim may add to the amount allowed the
10 filing fee paid by the claimant.
11 (C) For filing in an estate a claim, petition,
12 or supplemental proceeding based upon an action
13 seeking equitable relief including the construction
14 or contest of a will, enforcement of a contract to
15 make a will, and proceedings involving testamentary
16 trusts or the appointment of testamentary trustees,
17 $40.
18 (D) For filing in an estate (i) the appearance
19 of any person for the purpose of consent or (ii) the
20 appearance of an executor, administrator,
21 administrator to collect, guardian, guardian ad
22 litem, or special administrator, no fee.
23 (E) Except as provided in subsection
24 (v)(3)(D), for filing the appearance of any person
25 or persons, $10.
26 (F) For each jury demand, $90.
27 (G) For disposition of the collection of a
28 judgment or settlement of an action or claim for
29 wrongful death of a decedent or of any cause of
30 action of a ward, when there is no other
31 administration of the estate, $30, less any amount
32 paid under subsection (v)(1)(B) or (v)(2)(B) except
33 that if the amount involved does not exceed $5,000,
34 the fee, including any amount paid under subsection
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1 (v)(1)(B) or (v)(2)(B), shall be $10.
2 (H) For each certified copy of letters of
3 office, of court order or other certification, $1,
4 plus 50¢ per page in excess of 3 pages for the
5 document certified.
6 (I) For each exemplification, $1, plus the fee
7 for certification.
8 (4) The executor, administrator, guardian,
9 petitioner, or other interested person or his or her
10 attorney shall pay the cost of publication by the clerk
11 directly to the newspaper.
12 (5) The person on whose behalf a charge is incurred
13 for witness, court reporter, appraiser, or other
14 miscellaneous fee shall pay the same directly to the
15 person entitled thereto.
16 (6) The executor, administrator, guardian,
17 petitioner, or other interested person or his or her
18 attorney shall pay to the clerk all postage charges
19 incurred by the clerk in mailing petitions, orders,
20 notices, or other documents pursuant to the provisions of
21 the Probate Act of 1975.
22 (w) Criminal and Quasi-Criminal Costs and Fees.
23 (1) The clerk shall be entitled to costs in all
24 criminal and quasi-criminal cases from each person
25 convicted or sentenced to supervision therein as follows:
26 (A) Felony complaints, $80.
27 (B) Misdemeanor complaints, $50.
28 (C) Business offense complaints, $50.
29 (D) Petty offense complaints, $50.
30 (E) Minor traffic or ordinance violations,
31 $20.
32 (F) When court appearance required, $30.
33 (G) Motions to vacate or amend final orders,
34 $20.
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1 (H) Motions to vacate bond forfeiture orders,
2 $20.
3 (I) Motions to vacate ex parte judgments,
4 whenever filed, $20.
5 (J) Motions to vacate judgment on forfeitures,
6 whenever filed, $20.
7 (K) Motions to vacate "failure to appear" or
8 "failure to comply" notices sent to the Secretary of
9 State, $20.
10 (2) In counties having a population in excess of
11 180,000 but not more than 650,000 inhabitants, when the
12 violation complaint is issued by a municipal police
13 department, the clerk shall be entitled to costs from
14 each person convicted therein as follows:
15 (A) Minor traffic or ordinance violations,
16 $10.
17 (B) When court appearance required, $15.
18 (3) In ordinance violation cases punishable by fine
19 only, the clerk of the circuit court shall be entitled to
20 receive, unless the fee is excused upon a finding by the
21 court that the defendant is indigent, in addition to
22 other fees or costs allowed or imposed by law, the sum of
23 $50 as a fee for the services of a jury. The jury fee
24 shall be paid by the defendant at the time of filing his
25 or her jury demand. If the fee is not so paid by the
26 defendant, no jury shall be called, and the case shall be
27 tried by the court without a jury.
28 (x) Transcripts of Judgment.
29 For the filing of a transcript of judgment, the
30 clerk shall be entitled to the same fee as if it were the
31 commencement of a new suit.
32 (y) Change of Venue.
33 (1) For the filing of a change of case on a change
34 of venue, the clerk shall be entitled to the same fee as
-21- SRS91HB2845JJcham03
1 if it were the commencement of a new suit.
2 (2) The fee for the preparation and certification
3 of a record on a change of venue to another jurisdiction,
4 when original documents are forwarded, $25.
5 (z) Tax objection complaints.
6 For each tax objection complaint containing one or
7 more tax objections, regardless of the number of parcels
8 involved or the number of taxpayers joining on the
9 complaint, $25.
10 (aa) Tax Deeds.
11 (1) Petition for tax deed, if only one parcel is
12 involved, $150.
13 (2) For each additional parcel, add a fee of $50.
14 (bb) Collections.
15 (1) For all collections made of others, except the
16 State and county and except in maintenance or child
17 support cases, a sum equal to 2.5% of the amount
18 collected and turned over.
19 (2) Interest earned on any funds held by the clerk
20 shall be turned over to the county general fund as an
21 earning of the office.
22 (3) For any check, draft, or other bank instrument
23 returned to the clerk for non-sufficient funds, account
24 closed, or payment stopped, $25.
25 (4) In child support and maintenance cases, the
26 clerk, if authorized by an ordinance of the county board,
27 may collect an annual fee of up to $36 from the person
28 making payment for maintaining child support records and
29 the processing of support orders to the State of Illinois
30 KIDS system and the recording of payments issued by the
31 State Disbursement Unit for the official record of the
32 Court administering the collection and distribution of
33 maintenance and child support payments. This fee shall
34 be in addition to and separate from amounts ordered to be
-22- SRS91HB2845JJcham03
1 paid as maintenance or child support and shall be
2 deposited into a Separate Maintenance and Child Support
3 Collection Fund, of which the clerk shall be the
4 custodian, ex-officio, to be used by the clerk to
5 maintain child support orders and record all payments
6 issued by the State Disbursement Unit for the official
7 record of the Court further maintenance and child
8 supports in his or her office. The clerk may recover from
9 the person making the maintenance or child support
10 payment any additional cost incurred in the collection
11 of this annual fee.
12 The clerk shall also be entitled to a fee of $5 for
13 certifications made to the Secretary of State as provided
14 in Section 7-703 of the Family Financial Responsibility
15 Law and these fees shall also be deposited into the
16 Separate Maintenance and Child Support Collection Fund.
17 (cc) Corrections of Numbers.
18 For correction of the case number, case title, or
19 attorney computer identification number, if required by
20 rule of court, on any document filed in the clerk's
21 office, to be charged against the party that filed the
22 document, $15.
23 (dd) Exceptions.
24 (1) The fee requirements of this Section shall not
25 apply to police departments or other law enforcement
26 agencies. In this Section, "law enforcement agency"
27 means an agency of the State or a unit of local
28 government which is vested by law or ordinance with the
29 duty to maintain public order and to enforce criminal
30 laws or ordinances. "Law enforcement agency" also means
31 the Attorney General or any state's attorney.
32 (2) No fee provided herein shall be charged to any
33 unit of local government or school district.
34 (3) The fee requirements of this Section shall not
-23- SRS91HB2845JJcham03
1 apply to any action instituted under subsection (b) of
2 Section 11-31-1 of the Illinois Municipal Code by a
3 private owner or tenant of real property within 1200 feet
4 of a dangerous or unsafe building seeking an order
5 compelling the owner or owners of the building to take
6 any of the actions authorized under that subsection.
7 (ee) Adoptions.
8 (1) For an adoption.............................$65
9 (2) Upon good cause shown, the court may waive the
10 adoption filing fee in a special needs adoption. The
11 term "special needs adoption" shall have the meaning
12 ascribed to it by the Illinois Department of Children and
13 Family Services.
14 (ff) Adoption exemptions.
15 No fee other than that set forth in subsection (ee)
16 shall be charged to any person in connection with an
17 adoption proceeding.
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.)
20 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
21 Sec. 27.2. The fees of the clerks of the circuit court
22 in all counties having a population in excess of 650,000
23 inhabitants but less than 3,000,000 inhabitants in the
24 instances described in this Section shall be as provided in
25 this Section. In addition, the fees provided in this Section
26 shall apply to all units of local government and school
27 districts in counties with more than 3,000,000 inhabitants.
28 The fees shall be paid in advance and shall be as follows:
29 (a) Civil Cases.
30 The fee for filing a complaint, petition, or other
31 pleading initiating a civil action, with the following
32 exceptions, shall be $150.
33 (A) When the amount of money or damages or the
-24- SRS91HB2845JJcham03
1 value of personal property claimed does not exceed
2 $250, $10.
3 (B) When that amount exceeds $250 but does not
4 exceed $500, $20.
5 (C) When that amount exceeds $500 but does not
6 exceed $2500, $30.
7 (D) When that amount exceeds $2500 but does
8 not exceed $15,000, $75.
9 (E) For the exercise of eminent domain, $150.
10 For each additional lot or tract of land or right or
11 interest therein subject to be condemned, the
12 damages in respect to which shall require separate
13 assessment by a jury, $150.
14 (b) Forcible Entry and Detainer.
15 In each forcible entry and detainer case when the
16 plaintiff seeks possession only or unites with his or her
17 claim for possession of the property a claim for rent or
18 damages or both in the amount of $15,000 or less, $40.
19 When the plaintiff unites his or her claim for possession
20 with a claim for rent or damages or both exceeding
21 $15,000, $150.
22 (c) Counterclaim or Joining Third Party Defendant.
23 When any defendant files a counterclaim as part of
24 his or her answer or otherwise or joins another party as
25 a third party defendant, or both, the defendant shall pay
26 a fee for each counterclaim or third party action in an
27 amount equal to the fee he or she would have had to pay
28 had he or she brought a separate action for the relief
29 sought in the counterclaim or against the third party
30 defendant, less the amount of the appearance fee, if that
31 has been paid.
32 (d) Confession of Judgment.
33 In a confession of judgment when the amount does not
34 exceed $1500, $50. When the amount exceeds $1500, but
-25- SRS91HB2845JJcham03
1 does not exceed $15,000, $115. When the amount exceeds
2 $15,000, $200.
3 (e) Appearance.
4 The fee for filing an appearance in each civil case
5 shall be $50, except as follows:
6 (A) When the plaintiff in a forcible entry and
7 detainer case seeks possession only; $20.
8 (B) When the amount in the case does not
9 exceed $1500, $20.
10 (C) When that amount exceeds $1500 but does
11 not exceed $15,000, $40.
12 (f) Garnishment, Wage Deduction, and Citation.
13 In garnishment affidavit, wage deduction affidavit,
14 and citation petition when the amount does not exceed
15 $1,000, $10; when the amount exceeds $1,000 but does not
16 exceed $5,000, $20; and when the amount exceeds $5,000,
17 $30.
18 (g) Petition to Vacate or Modify.
19 (1) Petition to vacate or modify any final judgment
20 or order of court, except in forcible entry and detainer
21 cases and small claims cases or a petition to reopen an
22 estate, to modify, terminate, or enforce a judgment or
23 order for child or spousal support, or to modify,
24 suspend, or terminate an order for withholding, if filed
25 before 30 days after the entry of the judgment or order,
26 $40.
27 (2) Petition to vacate or modify any final judgment
28 or order of court, except a petition to modify,
29 terminate, or enforce a judgment or order for child or
30 spousal support or to modify, suspend, or terminate an
31 order for withholding, if filed later than 30 days after
32 the entry of the judgment or order, $60.
33 (3) Petition to vacate order of bond forfeiture,
34 $20.
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1 (h) Mailing.
2 When the clerk is required to mail, the fee will be
3 $6, plus the cost of postage.
4 (i) Certified Copies.
5 Each certified copy of a judgment after the first,
6 except in small claims and forcible entry and detainer
7 cases, $10.
8 (j) Habeas Corpus.
9 For filing a petition for relief by habeas corpus,
10 $80.
11 (k) Certification, Authentication, and Reproduction.
12 (1) Each certification or authentication for taking
13 the acknowledgment of a deed or other instrument in
14 writing with the seal of office, $4.
15 (2) Court appeals when original documents are
16 forwarded, under 100 pages, plus delivery and costs, $50.
17 (3) Court appeals when original documents are
18 forwarded, over 100 pages, plus delivery and costs, $120.
19 (4) Court appeals when original documents are
20 forwarded, over 200 pages, an additional fee of 20 cents
21 per page.
22 (5) For reproduction of any document contained in
23 the clerk's files:
24 (A) First page, $2.
25 (B) Next 19 pages, 50 cents per page.
26 (C) All remaining pages, 25 cents per page.
27 (l) Remands.
28 In any cases remanded to the Circuit Court from the
29 Supreme Court or the Appellate Court for a new trial, the
30 clerk shall file the remanding order and reinstate the
31 case with either its original number or a new number.
32 The Clerk shall not charge any new or additional fee for
33 the reinstatement. Upon reinstatement the Clerk shall
34 advise the parties of the reinstatement. A party shall
-27- SRS91HB2845JJcham03
1 have the same right to a jury trial on remand and
2 reinstatement as he or she had before the appeal, and no
3 additional or new fee or charge shall be made for a jury
4 trial after remand.
5 (m) Record Search.
6 For each record search, within a division or
7 municipal district, the clerk shall be entitled to a
8 search fee of $4 for each year searched.
9 (n) Hard Copy.
10 For each page of hard copy print output, when case
11 records are maintained on an automated medium, the clerk
12 shall be entitled to a fee of $4.
13 (o) Index Inquiry and Other Records.
14 No fee shall be charged for a single
15 plaintiff/defendant index inquiry or single case record
16 inquiry when this request is made in person and the
17 records are maintained in a current automated medium, and
18 when no hard copy print output is requested. The fees to
19 be charged for management records, multiple case records,
20 and multiple journal records may be specified by the
21 Chief Judge pursuant to the guidelines for access and
22 dissemination of information approved by the Supreme
23 Court.
24 (p) Commitment Petitions.
25 For filing commitment petitions under the Mental
26 Health and Developmental Disabilities Code, $25.
27 (q) Alias Summons.
28 For each alias summons or citation issued by the
29 clerk, $4.
30 (r) Other Fees.
31 Any fees not covered in this Section shall be set by
32 rule or administrative order of the Circuit Court with
33 the approval of the Administrative Office of the Illinois
34 Courts.
-28- SRS91HB2845JJcham03
1 The clerk of the circuit court may provide
2 additional services for which there is no fee specified
3 by statute in connection with the operation of the
4 clerk's office as may be requested by the public and
5 agreed to by the clerk and approved by the chief judge of
6 the circuit court. Any charges for additional services
7 shall be as agreed to between the clerk and the party
8 making the request and approved by the chief judge of the
9 circuit court. Nothing in this subsection shall be
10 construed to require any clerk to provide any service not
11 otherwise required by law.
12 (s) Jury Services.
13 The clerk shall be entitled to receive, in addition
14 to other fees allowed by law, the sum of $180, as a fee
15 for the services of a jury in every civil action not
16 quasi-criminal in its nature and not a proceeding for the
17 exercise of the right of eminent domain and in every
18 other action wherein the right of trial by jury is or may
19 be given by law. The jury fee shall be paid by the party
20 demanding a jury at the time of filing the jury demand.
21 If the fee is not paid by either party, no jury shall be
22 called in the action or proceeding, and the same shall be
23 tried by the court without a jury.
24 (t) Voluntary Assignment.
25 For filing each deed of voluntary assignment, $10;
26 for recording the same, 25¢ for each 100 words.
27 Exceptions filed to claims presented to an assignee of a
28 debtor who has made a voluntary assignment for the
29 benefit of creditors shall be considered and treated, for
30 the purpose of taxing costs therein, as actions in which
31 the party or parties filing the exceptions shall be
32 considered as party or parties plaintiff, and the
33 claimant or claimants as party or parties defendant, and
34 those parties respectively shall pay to the clerk the
-29- SRS91HB2845JJcham03
1 same fees as provided by this Section to be paid in other
2 actions.
3 (u) Expungement Petition.
4 The clerk shall be entitled to receive a fee of $30
5 for each expungement petition filed and an additional fee
6 of $2 for each certified copy of an order to expunge
7 arrest records.
8 (v) Probate.
9 The clerk is entitled to receive the fees specified in
10 this subsection (v), which shall be paid in advance, except
11 that, for good cause shown, the court may suspend, reduce, or
12 release the costs payable under this subsection:
13 (1) For administration of the estate of a decedent
14 (whether testate or intestate) or of a missing person,
15 $100, plus the fees specified in subsection (v)(3),
16 except:
17 (A) When the value of the real and personal
18 property does not exceed $15,000, the fee shall be
19 $25.
20 (B) When (i) proof of heirship alone is made,
21 (ii) a domestic or foreign will is admitted to
22 probate without administration (including proof of
23 heirship), or (iii) letters of office are issued for
24 a particular purpose without administration of the
25 estate, the fee shall be $25.
26 (2) For administration of the estate of a ward,
27 $50, plus the fees specified in subsection (v)(3),
28 except:
29 (A) When the value of the real and personal
30 property does not exceed $15,000, the fee shall be
31 $25.
32 (B) When (i) letters of office are issued to a
33 guardian of the person or persons, but not of the
34 estate or (ii) letters of office are issued in the
-30- SRS91HB2845JJcham03
1 estate of a ward without administration of the
2 estate, including filing or joining in the filing of
3 a tax return or releasing a mortgage or consenting
4 to the marriage of the ward, the fee shall be $10.
5 (3) In addition to the fees payable under
6 subsection (v)(1) or (v)(2) of this Section, the
7 following fees are payable:
8 (A) For each account (other than one final
9 account) filed in the estate of a decedent, or ward,
10 $15.
11 (B) For filing a claim in an estate when the
12 amount claimed is $150 or more but less than $500,
13 $10; when the amount claimed is $500 or more but
14 less than $10,000, $25; when the amount claimed is
15 $10,000 or more, $40; provided that the court in
16 allowing a claim may add to the amount allowed the
17 filing fee paid by the claimant.
18 (C) For filing in an estate a claim, petition,
19 or supplemental proceeding based upon an action
20 seeking equitable relief including the construction
21 or contest of a will, enforcement of a contract to
22 make a will, and proceedings involving testamentary
23 trusts or the appointment of testamentary trustees,
24 $40.
25 (D) For filing in an estate (i) the appearance
26 of any person for the purpose of consent or (ii) the
27 appearance of an executor, administrator,
28 administrator to collect, guardian, guardian ad
29 litem, or special administrator, no fee.
30 (E) Except as provided in subsection
31 (v)(3)(D), for filing the appearance of any person
32 or persons, $10.
33 (F) For each jury demand, $90.
34 (G) For disposition of the collection of a
-31- SRS91HB2845JJcham03
1 judgment or settlement of an action or claim for
2 wrongful death of a decedent or of any cause of
3 action of a ward, when there is no other
4 administration of the estate, $30, less any amount
5 paid under subsection (v)(1)(B) or (v)(2)(B) except
6 that if the amount involved does not exceed $5,000,
7 the fee, including any amount paid under subsection
8 (v)(1)(B) or (v)(2)(B), shall be $10.
9 (H) For each certified copy of letters of
10 office, of court order or other certification, $1,
11 plus 50¢ per page in excess of 3 pages for the
12 document certified.
13 (I) For each exemplification, $1, plus the fee
14 for certification.
15 (4) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay the cost of publication by the clerk
18 directly to the newspaper.
19 (5) The person on whose behalf a charge is incurred
20 for witness, court reporter, appraiser, or other
21 miscellaneous fee shall pay the same directly to the
22 person entitled thereto.
23 (6) The executor, administrator, guardian,
24 petitioner, or other interested person or his attorney
25 shall pay to the clerk all postage charges incurred by
26 the clerk in mailing petitions, orders, notices, or other
27 documents pursuant to the provisions of the Probate Act
28 of 1975.
29 (w) Criminal and Quasi-Criminal Costs and Fees.
30 (1) The clerk shall be entitled to costs in all
31 criminal and quasi-criminal cases from each person
32 convicted or sentenced to supervision therein as follows:
33 (A) Felony complaints, $80.
34 (B) Misdemeanor complaints, $50.
-32- SRS91HB2845JJcham03
1 (C) Business offense complaints, $50.
2 (D) Petty offense complaints, $50.
3 (E) Minor traffic or ordinance violations,
4 $20.
5 (F) When court appearance required, $30.
6 (G) Motions to vacate or amend final orders,
7 $20.
8 (H) Motions to vacate bond forfeiture orders,
9 $20.
10 (I) Motions to vacate ex parte judgments,
11 whenever filed, $20.
12 (J) Motions to vacate judgment on forfeitures,
13 whenever filed, $20.
14 (K) Motions to vacate "failure to appear" or
15 "failure to comply" notices sent to the Secretary of
16 State, $20.
17 (2) In counties having a population of more than
18 650,000 but fewer than 3,000,000 inhabitants, when the
19 violation complaint is issued by a municipal police
20 department, the clerk shall be entitled to costs from
21 each person convicted therein as follows:
22 (A) Minor traffic or ordinance violations,
23 $10.
24 (B) When court appearance required, $15.
25 (3) In ordinance violation cases punishable by fine
26 only, the clerk of the circuit court shall be entitled to
27 receive, unless the fee is excused upon a finding by the
28 court that the defendant is indigent, in addition to
29 other fees or costs allowed or imposed by law, the sum of
30 $50 as a fee for the services of a jury. The jury fee
31 shall be paid by the defendant at the time of filing his
32 or her jury demand. If the fee is not so paid by the
33 defendant, no jury shall be called, and the case shall be
34 tried by the court without a jury.
-33- SRS91HB2845JJcham03
1 (x) Transcripts of Judgment.
2 For the filing of a transcript of judgment, the
3 clerk shall be entitled to the same fee as if it were the
4 commencement of new suit.
5 (y) Change of Venue.
6 (1) For the filing of a change of case on a change
7 of venue, the clerk shall be entitled to the same fee as
8 if it were the commencement of a new suit.
9 (2) The fee for the preparation and certification
10 of a record on a change of venue to another jurisdiction,
11 when original documents are forwarded, $25.
12 (z) Tax objection complaints.
13 For each tax objection complaint containing one or
14 more tax objections, regardless of the number of parcels
15 involved or the number of taxpayers joining in the
16 complaint, $25.
17 (aa) Tax Deeds.
18 (1) Petition for tax deed, if only one parcel is
19 involved, $150.
20 (2) For each additional parcel, add a fee of $50.
21 (bb) Collections.
22 (1) For all collections made of others, except the
23 State and county and except in maintenance or child
24 support cases, a sum equal to 2.5% of the amount
25 collected and turned over.
26 (2) Interest earned on any funds held by the clerk
27 shall be turned over to the county general fund as an
28 earning of the office.
29 (3) For any check, draft, or other bank instrument
30 returned to the clerk for non-sufficient funds, account
31 closed, or payment stopped, $25.
32 (4) In child support and maintenance cases, the
33 clerk, if authorized by an ordinance of the county board,
34 may collect an annual fee of up to $36 from the person
-34- SRS91HB2845JJcham03
1 making payment for maintaining child support records and
2 the processing of support orders to the State of Illinois
3 KIDS system and the recording of payments issued by the
4 State Disbursement Unit for the official record of the
5 Court administering the collection and distribution of
6 maintenance and child support payments. This fee shall
7 be in addition to and separate from amounts ordered to be
8 paid as maintenance or child support and shall be
9 deposited into a Separate Maintenance and Child Support
10 Collection Fund, of which the clerk shall be the
11 custodian, ex-officio, to be used by the clerk to
12 maintain child support orders and record all payments
13 issued by the State Disbursement Unit for the official
14 record of the Court further maintenance and child
15 supports in his or her office. The clerk may recover from
16 the person making the maintenance or child support
17 payment any additional cost incurred in the collection of
18 this annual 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, $15.
30 (dd) Exceptions.
31 The fee requirements of this Section shall not apply
32 to police departments or other law enforcement agencies.
33 In this Section, "law enforcement agency" means an agency
34 of the State or a unit of local government which is
-35- SRS91HB2845JJcham03
1 vested by law or ordinance with the duty to maintain
2 public order and to enforce criminal laws or ordinances.
3 "Law enforcement agency" also means the Attorney General
4 or any state's attorney. The fee requirements of this
5 Section shall not apply to any action instituted under
6 subsection (b) of Section 11-31-1 of the Illinois
7 Municipal Code by a private owner or tenant of real
8 property within 1200 feet of a dangerous or unsafe
9 building seeking an order compelling the owner or owners
10 of the building to take any of the actions authorized
11 under that subsection.
12 (ee) Adoptions.
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (ff) Adoption exemptions.
20 No fee other than that set forth in subsection (ee)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
24 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
25 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
26 Sec. 27.2a. The fees of the clerks of the circuit court
27 in all counties having a population of 3,000,000 or more
28 inhabitants in the instances described in this Section shall
29 be as provided in this Section. The fees shall be paid in
30 advance and shall be as follows:
31 (a) Civil Cases.
32 The fee for filing a complaint, petition, or other
33 pleading initiating a civil action, with the following
-36- SRS91HB2845JJcham03
1 exceptions, shall be $190.
2 (A) When the amount of money or damages or the
3 value of personal property claimed does not exceed
4 $250, $15.
5 (B) When that amount exceeds $250 but does not
6 exceed $1000, $40.
7 (C) When that amount exceeds $1000 but does
8 not exceed $2500, $50.
9 (D) When that amount exceeds $2500 but does
10 not exceed $5000, $100.
11 (E) When that amount exceeds $5000 but does
12 not exceed $15,000, $150.
13 (F) For the exercise of eminent domain, $150.
14 For each additional lot or tract of land or right or
15 interest therein subject to be condemned, the
16 damages in respect to which shall require separate
17 assessment by a jury, $150.
18 (b) Forcible Entry and Detainer.
19 In each forcible entry and detainer case when the
20 plaintiff seeks possession only or unites with his or her
21 claim for possession of the property a claim for rent or
22 damages or both in the amount of $15,000 or less, $75.
23 When the plaintiff unites his or her claim for possession
24 with a claim for rent or damages or both exceeding
25 $15,000, $225.
26 (c) Counterclaim or Joining Third Party Defendant.
27 When any defendant files a counterclaim as part of
28 his or her answer or otherwise or joins another party as
29 a third party defendant, or both, the defendant shall pay
30 a fee for each counterclaim or third party action in an
31 amount equal to the fee he or she would have had to pay
32 had he or she brought a separate action for the relief
33 sought in the counterclaim or against the third party
34 defendant, less the amount of the appearance fee, if that
-37- SRS91HB2845JJcham03
1 has been paid.
2 (d) Confession of Judgment.
3 In a confession of judgment when the amount does not
4 exceed $1500, $60. When the amount exceeds $1500, but
5 does not exceed $5000, $75. When the amount exceeds
6 $5000, but does not exceed $15,000, $175. When the amount
7 exceeds $15,000, $250.
8 (e) Appearance.
9 The fee for filing an appearance in each civil case
10 shall be $75, except as follows:
11 (A) When the plaintiff in a forcible entry and
12 detainer case seeks possession only, $40.
13 (B) When the amount in the case does not
14 exceed $1500, $40.
15 (C) When that amount exceeds $1500 but does
16 not exceed $15,000, $60.
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, $15; when the amount exceeds $1,000 but does not
21 exceed $5,000, $30; and when the amount exceeds $5,000,
22 $50.
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 $50.
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, $75.
4 (3) Petition to vacate order of bond forfeiture,
5 $40.
6 (h) Mailing.
7 When the clerk is required to mail, the fee will be
8 $10, 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, $15.
13 (j) Habeas Corpus.
14 For filing a petition for relief by habeas corpus,
15 $125.
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, $6.
20 (2) Court appeals when original documents are
21 forwarded, under 100 pages, plus delivery and costs, $75.
22 (3) Court appeals when original documents are
23 forwarded, over 100 pages, plus delivery and costs, $150.
24 (4) Court appeals when original documents are
25 forwarded, over 200 pages, an additional fee of 25 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.
3 The Clerk shall not charge any new or additional fee for
4 the reinstatement. Upon reinstatement the Clerk shall
5 advise the parties of the reinstatement. A party shall
6 have the same right to a jury trial on remand and
7 reinstatement as he or she had before the appeal, and no
8 additional or new fee or charge shall be made for a jury
9 trial after remand.
10 (m) Record Search.
11 For each record search, within a division or
12 municipal district, the clerk shall be entitled to a
13 search fee of $6 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 $6.
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, $50.
32 (q) Alias Summons.
33 For each alias summons or citation issued by the
34 clerk, $5.
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1 (r) Other Fees.
2 Any fees not covered in this Section shall be set by
3 rule or administrative order of the Circuit Court with
4 the approval of the Administrative Office of the Illinois
5 Courts.
6 The clerk of the circuit court may provide
7 additional services for which there is no fee specified
8 by statute in connection with the operation of the
9 clerk's office as may be requested by the public and
10 agreed to by the clerk and approved by the chief judge of
11 the circuit court. Any charges for additional services
12 shall be as agreed to between the clerk and the party
13 making the request and approved by the chief judge of the
14 circuit court. Nothing in this subsection shall be
15 construed to require any clerk to provide any service not
16 otherwise required by law.
17 (s) Jury Services.
18 The clerk shall be entitled to receive, in addition
19 to other fees allowed by law, the sum of $200, as a fee
20 for the services of a jury in every civil action not
21 quasi-criminal in its nature and not a proceeding for the
22 exercise of the right of eminent domain and in every
23 other action wherein the right of trial by jury is or may
24 be given by law. The jury fee shall be paid by the party
25 demanding a jury at the time of filing the jury demand.
26 If the fee is not paid by either party, no jury shall be
27 called in the action or proceeding, and the same shall be
28 tried by the court without a jury.
29 (t) Voluntary Assignment.
30 For filing each deed of voluntary assignment, $20;
31 for recording the same, 50¢ for each 100 words.
32 Exceptions filed to claims presented to an assignee of a
33 debtor who has made a voluntary assignment for the
34 benefit of creditors shall be considered and treated, for
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1 the purpose of taxing costs therein, as actions in which
2 the party or parties filing the exceptions shall be
3 considered as party or parties plaintiff, and the
4 claimant or claimants as party or parties defendant, and
5 those parties respectively shall pay to the clerk the
6 same fees as provided by this Section to be paid in other
7 actions.
8 (u) Expungement Petition.
9 The clerk shall be entitled to receive a fee of $60
10 for each expungement petition filed and an additional fee
11 of $4 for each certified copy of an order to expunge
12 arrest records.
13 (v) Probate.
14 The clerk is entitled to receive the fees specified in
15 this subsection (v), which shall be paid in advance, except
16 that, for good cause shown, the court may suspend, reduce, or
17 release the costs payable under this subsection:
18 (1) For administration of the estate of a decedent
19 (whether testate or intestate) or of a missing person,
20 $150, plus the fees specified in subsection (v)(3),
21 except:
22 (A) When the value of the real and personal
23 property does not exceed $15,000, the fee shall be
24 $40.
25 (B) When (i) proof of heirship alone is made,
26 (ii) a domestic or foreign will is admitted to
27 probate without administration (including proof of
28 heirship), or (iii) letters of office are issued for
29 a particular purpose without administration of the
30 estate, the fee shall be $40.
31 (2) For administration of the estate of a ward,
32 $75, plus the fees specified in subsection (v)(3),
33 except:
34 (A) When the value of the real and personal
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1 property does not exceed $15,000, the fee shall be
2 $40.
3 (B) When (i) letters of office are issued to a
4 guardian of the person or persons, but not of the
5 estate or (ii) letters of office are issued in the
6 estate of a ward without administration of the
7 estate, including filing or joining in the filing of
8 a tax return or releasing a mortgage or consenting
9 to the marriage of the ward, the fee shall be $20.
10 (3) In addition to the fees payable under
11 subsection (v)(1) or (v)(2) of this Section, the
12 following fees are payable:
13 (A) For each account (other than one final
14 account) filed in the estate of a decedent, or ward,
15 $25.
16 (B) For filing a claim in an estate when the
17 amount claimed is $150 or more but less than $500,
18 $20; when the amount claimed is $500 or more but
19 less than $10,000, $40; when the amount claimed is
20 $10,000 or more, $60; provided that the court in
21 allowing a claim may add to the amount allowed the
22 filing fee paid by the claimant.
23 (C) For filing in an estate a claim, petition,
24 or supplemental proceeding based upon an action
25 seeking equitable relief including the construction
26 or contest of a will, enforcement of a contract to
27 make a will, and proceedings involving testamentary
28 trusts or the appointment of testamentary trustees,
29 $60.
30 (D) For filing in an estate (i) the appearance
31 of any person for the purpose of consent or (ii) the
32 appearance of an executor, administrator,
33 administrator to collect, guardian, guardian ad
34 litem, or special administrator, no fee.
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1 (E) Except as provided in subsection
2 (v)(3)(D), for filing the appearance of any person
3 or persons, $30.
4 (F) For each jury demand, $125.
5 (G) For disposition of the collection of a
6 judgment or settlement of an action or claim for
7 wrongful death of a decedent or of any cause of
8 action of a ward, when there is no other
9 administration of the estate, $50, less any amount
10 paid under subsection (v)(1)(B) or (v)(2)(B) except
11 that if the amount involved does not exceed $5,000,
12 the fee, including any amount paid under subsection
13 (v)(1)(B) or (v)(2)(B), shall be $20.
14 (H) For each certified copy of letters of
15 office, of court order or other certification, $2,
16 plus $1 per page in excess of 3 pages for the
17 document certified.
18 (I) For each exemplification, $2, plus the fee
19 for certification.
20 (4) The executor, administrator, guardian,
21 petitioner, or other interested person or his or her
22 attorney shall pay the cost of publication by the clerk
23 directly to the newspaper.
24 (5) The person on whose behalf a charge is incurred
25 for witness, court reporter, appraiser, or other
26 miscellaneous fee shall pay the same directly to the
27 person entitled thereto.
28 (6) The executor, administrator, guardian,
29 petitioner, or other interested person or his or her
30 attorney shall pay to the clerk all postage charges
31 incurred by the clerk in mailing petitions, orders,
32 notices, or other documents pursuant to the provisions of
33 the Probate Act of 1975.
34 (w) Criminal and Quasi-Criminal Costs and Fees.
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1 (1) The clerk shall be entitled to costs in all
2 criminal and quasi-criminal cases from each person
3 convicted or sentenced to supervision therein as follows:
4 (A) Felony complaints, $125.
5 (B) Misdemeanor complaints, $75.
6 (C) Business offense complaints, $75.
7 (D) Petty offense complaints, $75.
8 (E) Minor traffic or ordinance violations,
9 $30.
10 (F) When court appearance required, $50.
11 (G) Motions to vacate or amend final orders,
12 $40.
13 (H) Motions to vacate bond forfeiture orders,
14 $30.
15 (I) Motions to vacate ex parte judgments,
16 whenever filed, $30.
17 (J) Motions to vacate judgment on forfeitures,
18 whenever filed, $25.
19 (K) Motions to vacate "failure to appear" or
20 "failure to comply" notices sent to the Secretary of
21 State, $40.
22 (2) In counties having a population of 3,000,000 or
23 more, when the violation complaint is issued by a
24 municipal police department, the clerk shall be entitled
25 to costs from each person convicted therein as follows:
26 (A) Minor traffic or ordinance violations,
27 $30.
28 (B) When court appearance required, $50.
29 (3) In ordinance violation cases punishable by fine
30 only, the clerk of the circuit court shall be entitled to
31 receive, unless the fee is excused upon a finding by the
32 court that the defendant is indigent, in addition to
33 other fees or costs allowed or imposed by law, the sum of
34 $100 as a fee for the services of a jury. The jury fee
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1 shall be paid by the defendant at the time of filing his
2 or her jury demand. If the fee is not so paid by the
3 defendant, no jury shall be called, and the case shall be
4 tried by the court without a jury.
5 (x) Transcripts of Judgment.
6 For the filing of a transcript of judgment, the
7 clerk shall be entitled to the same fee as if it were the
8 commencement of a new suit.
9 (y) Change of Venue.
10 (1) For the filing of a change of case on a change
11 of venue, the clerk shall be entitled to the same fee as
12 if it were the commencement of a new suit.
13 (2) The fee for the preparation and certification
14 of a record on a change of venue to another jurisdiction,
15 when original documents are forwarded, $40.
16 (z) Tax objection complaints.
17 For each tax objection complaint containing one or
18 more tax objections, regardless of the number of parcels
19 involved or the number of taxpayers joining in the
20 complaint, $50.
21 (aa) Tax Deeds.
22 (1) Petition for tax deed, if only one parcel is
23 involved, $250.
24 (2) For each additional parcel, add a fee of $100.
25 (bb) Collections.
26 (1) For all collections made of others, except the
27 State and county and except in maintenance or child
28 support cases, a sum equal to 3.0% of the amount
29 collected and turned over.
30 (2) Interest earned on any funds held by the clerk
31 shall be turned over to the county general fund as an
32 earning of the office.
33 (3) For any check, draft, or other bank instrument
34 returned to the clerk for non-sufficient funds, account
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1 closed, or payment stopped, $25.
2 (4) In child support and maintenance cases, the
3 clerk, if authorized by an ordinance of the county board,
4 may collect an annual fee of up to $36 from the person
5 making payment for maintaining child support records and
6 the processing of support orders to the State of Illinois
7 KIDS system and the recording of payments issued by the
8 State Disbursement Unit for the official record of the
9 Court administering the collection and distribution of
10 maintenance and child support payments. This fee shall
11 be in addition to and separate from amounts ordered to be
12 paid as maintenance or child support and shall be
13 deposited into a Separate Maintenance and Child Support
14 Collection Fund, of which the clerk shall be the
15 custodian, ex-officio, to be used by the clerk to
16 maintain child support orders and record all payments
17 issued by the State Disbursement Unit for the official
18 record of the Court further maintenance and child
19 supports in his or her office. The clerk may recover
20 from the person making the maintenance or child support
21 payment any additional cost incurred in the collection of
22 this annual fee.
23 The clerk shall also be entitled to a fee of $5 for
24 certifications made to the Secretary of State as provided
25 in Section 7-703 of the Family Financial Responsibility
26 Law and these fees shall also be deposited into the
27 Separate Maintenance and Child Support Collection Fund.
28 (cc) Corrections of Numbers.
29 For correction of the case number, case title, or
30 attorney computer identification number, if required by
31 rule of court, on any document filed in the clerk's
32 office, to be charged against the party that filed the
33 document, $25.
34 (dd) Exceptions.
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1 (1) The fee requirements of this Section shall not
2 apply to police departments or other law enforcement
3 agencies. In this Section, "law enforcement agency"
4 means an agency of the State or a unit of local
5 government which is vested by law or ordinance with the
6 duty to maintain public order and to enforce criminal
7 laws or ordinances. "Law enforcement agency" also means
8 the Attorney General or any state's attorney.
9 (2) No fee provided herein shall be charged to any
10 unit of local government or school district. The fee
11 requirements of this Section shall not apply to any
12 action instituted under subsection (b) of Section 11-31-1
13 of the Illinois Municipal Code by a private owner or
14 tenant of real property within 1200 feet of a dangerous
15 or unsafe building seeking an order compelling the owner
16 or owners of the building to take any of the actions
17 authorized under that subsection.
18 (ee) Adoption.
19 (1) For an adoption.............................$65
20 (2) Upon good cause shown, the court may waive the
21 adoption filing fee in a special needs adoption. The
22 term "special needs adoption" shall have the meaning
23 ascribed to it by the Illinois Department of Children and
24 Family Services.
25 (ff) Adoption exemptions.
26 No fee other than that set forth in subsection (ee)
27 shall be charged to any person in connection with an
28 adoption proceeding.
29 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
30 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
31 Section 99. Effective date. This Act takes effect
32 October 1, 1999.".