[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB2846
LRB9105359LDmb
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 27.1, 27.1a, 27.2, and 27.2a.
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 Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
8 Sec. 27.1. The fees of the Clerk of the Circuit Court in
9 all counties having a population of 180,000 inhabitants or
10 less shall be paid in advance, except as otherwise provided,
11 and shall be as follows:
12 (a) Civil Cases
13 (1) All civil cases except as otherwise
14 provided........................................... $40
15 (2) Judicial Sales (except Probate).......... $40
16 (b) Family
17 (1) Commitment petitions under the Mental
18 Health and Developmental Disabilities Code, filing
19 transcript of commitment proceedings held in
20 another county, and cases under the Juvenile Court
21 Act of 1987........................................ $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
-2- LRB9105359LDmb
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
-3- LRB9105359LDmb
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
-4- LRB9105359LDmb
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
-5- LRB9105359LDmb
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
-6- LRB9105359LDmb
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
-7- LRB9105359LDmb
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
-8- LRB9105359LDmb
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 maintaining child support
4 records and the processing of support orders to the
5 State of Illinois KIDS system and the recording of
6 payments issued by the State Disbursement Unit for
7 the official record of the Court administering the
8 collection and distribution of maintenance and
9 child support payments. Such sum shall be in
10 addition to and separate from amounts ordered to be
11 paid as maintenance or child support and shall be
12 deposited in a separate Maintenance and Child
13 Support Collection Fund of which the Clerk shall be
14 the custodian, ex officio, to be used by the Clerk
15 to maintain child support orders and record all
16 payments issued by the State Disbursement Unit for
17 the official record of the Court further
18 maintenance and child support collection efforts in
19 his office. Unless paid in cash or pursuant to an
20 order for withholding, the payment of the fee shall
21 be by a separate instrument from the support
22 payment and shall be made to the order of the
23 Clerk. The Clerk may recover from the person making
24 the maintenance or child support payment any
25 additional cost incurred in the collection of this
26 annual fee.
27 The Clerk shall also be entitled to a fee of
28 $5 for certifications made to the Secretary of
29 State as provided in Section 7-703 of the Family
30 Financial Responsibility Law and these fees shall
31 also be deposited into the Separate Maintenance and
32 Child Support Collection Fund.
33 (v) Correction of Cases
34 For correcting the case number or case title
-9- LRB9105359LDmb
1 on any document filed in his office, to be charged
2 against the party that filed the document.......... $10
3 (w) Record Search
4 For searching a record, per year searched..... $4
5 (x) Printed Output
6 For each page of hard copy print output, when
7 case records are maintained on an automated medium. $2
8 (y) Alias Summons
9 For each alias summons issued................. $2
10 (z) Expungement of Records
11 For each expungement petition filed........... $15
12 (aa) Other Fees
13 Any fees not covered by this Section shall be set by
14 rule or administrative order of the Circuit Court, with
15 the approval of the Supreme Court.
16 (bb) Exemptions
17 No fee provided for herein shall be charged to any
18 unit of State or local government or school district
19 unless the Court orders another party to pay such fee on
20 its behalf. The fee requirements of this Section shall
21 not apply to police departments or other law enforcement
22 agencies. In this Section, "law enforcement agency"
23 means an agency of the State or a unit of local
24 government that is vested by law or ordinance with the
25 duty to maintain public order and to enforce criminal
26 laws and ordinances. The fee requirements of this Section
27 shall not apply to any action instituted under subsection
28 (b) of Section 11-31-1 of the Illinois Municipal Code by
29 a private owner or tenant of real property within 1200
30 feet of a dangerous or unsafe building seeking an order
31 compelling the owner or owners of the building to take
32 any of the actions authorized under that subsection.
33 (cc) Adoptions
34 (1) For an adoption.............................$65
-10- LRB9105359LDmb
1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (dd) Adoption exemptions
7 No fee other than that set forth in subsection (cc)
8 shall be charged to any person in connection with an
9 adoption proceeding.
10 (ee) Additional Services
11 Beginning July 1, 1993, the clerk of the circuit
12 court may provide such additional services for which
13 there is no fee specified by statute in connection with
14 the operation of the clerk's office as may be requested
15 by the public and agreed to by the public and by the
16 clerk and approved by the chief judge of the circuit
17 court. Any charges for additional services shall be as
18 agreed to between the clerk and the party making the
19 request and approved by the chief judge of the circuit
20 court. Nothing in this subsection shall be as agreed to
21 between the clerk and the party making the request.
22 Nothing in this subsection shall be construed to require
23 any clerk to provide any service not otherwise required
24 by law.
25 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
26 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; revised
27 12-31-98.)
28 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
29 Sec. 27.1a. The fees of the clerks of the circuit court
30 in all counties having a population in excess of 180,000 but
31 not more than 650,000 inhabitants in the instances described
32 in this Section shall be as provided in this Section. The
33 fees shall be paid in advance and shall be as follows:
-11- LRB9105359LDmb
1 (a) Civil Cases.
2 The fee for filing a complaint, petition, or other
3 pleading initiating a civil action, with the following
4 exceptions, shall be $150.
5 (A) When the amount of money or damages or the
6 value of personal property claimed does not exceed
7 $250, $10.
8 (B) When that amount exceeds $250 but does not
9 exceed $500, $20.
10 (C) When that amount exceeds $500 but does not
11 exceed $2500, $30.
12 (D) When that amount exceeds $2500 but does
13 not exceed $15,000, $75.
14 (E) For the exercise of eminent domain, $150.
15 For each additional lot or tract of land or right or
16 interest therein subject to be condemned, the
17 damages in respect to which shall require separate
18 assessment by a jury, $150.
19 (a-1) Family.
20 For filing a petition under the Juvenile Court Act
21 of 1987, $25.
22 For filing a petition for a marriage license, $10.
23 For performing a marriage in court, $10.
24 For filing a petition under the Illinois Parentage
25 Act of 1984, $40.
26 (b) Forcible Entry and Detainer.
27 In each forcible entry and detainer case when the
28 plaintiff seeks possession only or unites with his or her
29 claim for possession of the property a claim for rent or
30 damages or both in the amount of $15,000 or less, $40.
31 When the plaintiff unites his or her claim for possession
32 with a claim for rent or damages or both exceeding
33 $15,000, $150.
34 (c) Counterclaim or Joining Third Party Defendant.
-12- LRB9105359LDmb
1 When any defendant files a counterclaim as part of
2 his or her answer or otherwise or joins another party as
3 a third party defendant, or both, the defendant shall pay
4 a fee for each counterclaim or third party action in an
5 amount equal to the fee he or she would have had to pay
6 had he or she brought a separate action for the relief
7 sought in the counterclaim or against the third party
8 defendant, less the amount of the appearance fee, if that
9 has been paid.
10 (d) Confession of Judgment.
11 In a confession of judgment when the amount does not
12 exceed $1500, $50. When the amount exceeds $1500, but
13 does not exceed $15,000, $115. When the amount exceeds
14 $15,000, $200.
15 (e) Appearance.
16 The fee for filing an appearance in each civil case
17 shall be $50, except as follows:
18 (A) When the plaintiff in a forcible entry and
19 detainer case seeks possession only, $20.
20 (B) When the amount in the case does not
21 exceed $1500, $20.
22 (C) When that amount exceeds $1500 but does
23 not exceed $15,000, $40.
24 (f) Garnishment, Wage Deduction, and Citation.
25 In garnishment affidavit, wage deduction affidavit,
26 and citation petition when the amount does not exceed
27 $1,000, $10; when the amount exceeds $1,000 but does not
28 exceed $5,000, $20; and when the amount exceeds $5,000,
29 $30.
30 (g) Petition to Vacate or Modify.
31 (1) Petition to vacate or modify any final judgment
32 or order of court, except in forcible entry and detainer
33 cases and small claims cases or a petition to reopen an
34 estate, to modify, terminate, or enforce a judgment or
-13- LRB9105359LDmb
1 order for child or spousal support, or to modify,
2 suspend, or terminate an order for withholding, if filed
3 before 30 days after the entry of the judgment or order,
4 $40.
5 (2) Petition to vacate or modify any final judgment
6 or order of court, except a petition to modify,
7 terminate, or enforce a judgment or order for child or
8 spousal support or to modify, suspend, or terminate an
9 order for withholding, if filed later than 30 days after
10 the entry of the judgment or order, $60.
11 (3) Petition to vacate order of bond forfeiture,
12 $20.
13 (h) Mailing.
14 When the clerk is required to mail, the fee will be
15 $6, plus the cost of postage.
16 (i) Certified Copies.
17 Each certified copy of a judgment after the first,
18 except in small claims and forcible entry and detainer
19 cases, $10.
20 (j) Habeas Corpus.
21 For filing a petition for relief by habeas corpus,
22 $80.
23 (k) Certification, Authentication, and Reproduction.
24 (1) Each certification or authentication for taking
25 the acknowledgment of a deed or other instrument in
26 writing with the seal of office, $4.
27 (2) Court appeals when original documents are
28 forwarded, under 100 pages, plus delivery and costs, $50.
29 (3) Court appeals when original documents are
30 forwarded, over 100 pages, plus delivery and costs, $120.
31 (4) Court appeals when original documents are
32 forwarded, over 200 pages, an additional fee of 20 cents
33 per page.
34 (5) For reproduction of any document contained in
-14- LRB9105359LDmb
1 the clerk's files:
2 (A) First page, $2.
3 (B) Next 19 pages, 50 cents per page.
4 (C) All remaining pages, 25 cents per page.
5 (l) Remands.
6 In any cases remanded to the Circuit Court from the
7 Supreme Court or the Appellate Court for a new trial, the
8 clerk shall file the remanding order and reinstate the
9 case with either its original number or a new number. The
10 Clerk shall not charge any new or additional fee for the
11 reinstatement. Upon reinstatement the Clerk shall advise
12 the parties of the reinstatement. A party shall have the
13 same right to a jury trial on remand and reinstatement as
14 he or she had before the appeal, and no additional or new
15 fee or charge shall be made for a jury trial after
16 remand.
17 (m) Record Search.
18 For each record search, within a division or
19 municipal district, the clerk shall be entitled to a
20 search fee of $4 for each year searched.
21 (n) Hard Copy.
22 For each page of hard copy print output, when case
23 records are maintained on an automated medium, the clerk
24 shall be entitled to a fee of $4.
25 (o) Index Inquiry and Other Records.
26 No fee shall be charged for a single
27 plaintiff/defendant index inquiry or single case record
28 inquiry when this request is made in person and the
29 records are maintained in a current automated medium, and
30 when no hard copy print output is requested. The fees to
31 be charged for management records, multiple case records,
32 and multiple journal records may be specified by the
33 Chief Judge pursuant to the guidelines for access and
34 dissemination of information approved by the Supreme
-15- LRB9105359LDmb
1 Court.
2 (p) Commitment Petitions.
3 For filing commitment petitions under the Mental
4 Health and Developmental Disabilities Code and for filing
5 a transcript of commitment proceedings held in another
6 county, $25.
7 (q) Alias Summons.
8 For each alias summons or citation issued by the
9 clerk, $4.
10 (r) Other Fees.
11 Any fees not covered in this Section shall be set by
12 rule or administrative order of the Circuit Court with
13 the approval of the Administrative Office of the Illinois
14 Courts.
15 The clerk of the circuit court may provide
16 additional services for which there is no fee specified
17 by statute in connection with the operation of the
18 clerk's office as may be requested by the public and
19 agreed to by the clerk and approved by the chief judge of
20 the circuit court. Any charges for additional services
21 shall be as agreed to between the clerk and the party
22 making the request and approved by the chief judge of the
23 circuit court. Nothing in this subsection shall be
24 construed to require any clerk to provide any service not
25 otherwise required by law.
26 (s) Jury Services.
27 The clerk shall be entitled to receive, in addition
28 to other fees allowed by law, the sum of $180, as a fee
29 for the services of a jury in every civil action not
30 quasi-criminal in its nature and not a proceeding for the
31 exercise of the right of eminent domain and in every
32 other action wherein the right of trial by jury is or may
33 be given by law. The jury fee shall be paid by the party
34 demanding a jury at the time of filing the jury demand.
-16- LRB9105359LDmb
1 If the fee is not paid by either party, no jury shall be
2 called in the action or proceeding, and the same shall be
3 tried by the court without a jury.
4 (t) Voluntary Assignment.
5 For filing each deed of voluntary assignment, $10;
6 for recording the same, 25¢ for each 100 words.
7 Exceptions filed to claims presented to an assignee of a
8 debtor who has made a voluntary assignment for the
9 benefit of creditors shall be considered and treated, for
10 the purpose of taxing costs therein, as actions in which
11 the party or parties filing the exceptions shall be
12 considered as party or parties plaintiff, and the
13 claimant or claimants as party or parties defendant, and
14 those parties respectively shall pay to the clerk the
15 same fees as provided by this Section to be paid in other
16 actions.
17 (u) Expungement Petition.
18 The clerk shall be entitled to receive a fee of $30
19 for each expungement petition filed and an additional fee
20 of $2 for each certified copy of an order to expunge
21 arrest records.
22 (v) Probate.
23 The clerk is entitled to receive the fees specified in
24 this subsection (v), which shall be paid in advance, except
25 that, for good cause shown, the court may suspend, reduce, or
26 release the costs payable under this subsection:
27 (1) For administration of the estate of a decedent
28 (whether testate or intestate) or of a missing person,
29 $100, plus the fees specified in subsection (v)(3),
30 except:
31 (A) When the value of the real and personal
32 property does not exceed $15,000, the fee shall be
33 $25.
34 (B) When (i) proof of heirship alone is made,
-17- LRB9105359LDmb
1 (ii) a domestic or foreign will is admitted to
2 probate without administration (including proof of
3 heirship), or (iii) letters of office are issued for
4 a particular purpose without administration of the
5 estate, the fee shall be $25.
6 (2) For administration of the estate of a ward,
7 $50, plus the fees specified in subsection (v)(3),
8 except:
9 (A) When the value of the real and personal
10 property does not exceed $15,000, the fee shall be
11 $25.
12 (B) When (i) letters of office are issued to a
13 guardian of the person or persons, but not of the
14 estate or (ii) letters of office are issued in the
15 estate of a ward without administration of the
16 estate, including filing or joining in the filing of
17 a tax return or releasing a mortgage or consenting
18 to the marriage of the ward, the fee shall be $10.
19 (3) In addition to the fees payable under
20 subsection (v)(1) or (v)(2) of this Section, the
21 following fees are payable:
22 (A) For each account (other than one final
23 account) filed in the estate of a decedent, or ward,
24 $15.
25 (B) For filing a claim in an estate when the
26 amount claimed is $150 or more but less than $500,
27 $10; when the amount claimed is $500 or more but
28 less than $10,000, $25; when the amount claimed is
29 $10,000 or more, $40; provided that the court in
30 allowing a claim may add to the amount allowed the
31 filing fee paid by the claimant.
32 (C) For filing in an estate a claim, petition,
33 or supplemental proceeding based upon an action
34 seeking equitable relief including the construction
-18- LRB9105359LDmb
1 or contest of a will, enforcement of a contract to
2 make a will, and proceedings involving testamentary
3 trusts or the appointment of testamentary trustees,
4 $40.
5 (D) For filing in an estate (i) the appearance
6 of any person for the purpose of consent or (ii) the
7 appearance of an executor, administrator,
8 administrator to collect, guardian, guardian ad
9 litem, or special administrator, no fee.
10 (E) Except as provided in subsection
11 (v)(3)(D), for filing the appearance of any person
12 or persons, $10.
13 (F) For each jury demand, $90.
14 (G) For disposition of the collection of a
15 judgment or settlement of an action or claim for
16 wrongful death of a decedent or of any cause of
17 action of a ward, when there is no other
18 administration of the estate, $30, less any amount
19 paid under subsection (v)(1)(B) or (v)(2)(B) except
20 that if the amount involved does not exceed $5,000,
21 the fee, including any amount paid under subsection
22 (v)(1)(B) or (v)(2)(B), shall be $10.
23 (H) For each certified copy of letters of
24 office, of court order or other certification, $1,
25 plus 50¢ per page in excess of 3 pages for the
26 document certified.
27 (I) For each exemplification, $1, plus the fee
28 for certification.
29 (4) The executor, administrator, guardian,
30 petitioner, or other interested person or his or her
31 attorney shall pay the cost of publication by the clerk
32 directly to the newspaper.
33 (5) The person on whose behalf a charge is incurred
34 for witness, court reporter, appraiser, or other
-19- LRB9105359LDmb
1 miscellaneous fee shall pay the same directly to the
2 person entitled thereto.
3 (6) The executor, administrator, guardian,
4 petitioner, or other interested person or his or her
5 attorney shall pay to the clerk all postage charges
6 incurred by the clerk in mailing petitions, orders,
7 notices, or other documents pursuant to the provisions of
8 the Probate Act of 1975.
9 (w) Criminal and Quasi-Criminal Costs and Fees.
10 (1) The clerk shall be entitled to costs in all
11 criminal and quasi-criminal cases from each person
12 convicted or sentenced to supervision therein as follows:
13 (A) Felony complaints, $80.
14 (B) Misdemeanor complaints, $50.
15 (C) Business offense complaints, $50.
16 (D) Petty offense complaints, $50.
17 (E) Minor traffic or ordinance violations,
18 $20.
19 (F) When court appearance required, $30.
20 (G) Motions to vacate or amend final orders,
21 $20.
22 (H) Motions to vacate bond forfeiture orders,
23 $20.
24 (I) Motions to vacate ex parte judgments,
25 whenever filed, $20.
26 (J) Motions to vacate judgment on forfeitures,
27 whenever filed, $20.
28 (K) Motions to vacate "failure to appear" or
29 "failure to comply" notices sent to the Secretary of
30 State, $20.
31 (2) In counties having a population in excess of
32 180,000 but not more than 650,000 inhabitants, when the
33 violation complaint is issued by a municipal police
34 department, the clerk shall be entitled to costs from
-20- LRB9105359LDmb
1 each person convicted therein as follows:
2 (A) Minor traffic or ordinance violations,
3 $10.
4 (B) When court appearance required, $15.
5 (3) In ordinance violation cases punishable by fine
6 only, the clerk of the circuit court shall be entitled to
7 receive, unless the fee is excused upon a finding by the
8 court that the defendant is indigent, in addition to
9 other fees or costs allowed or imposed by law, the sum of
10 $50 as a fee for the services of a jury. The jury fee
11 shall be paid by the defendant at the time of filing his
12 or her jury demand. If the fee is not so paid by the
13 defendant, no jury shall be called, and the case shall be
14 tried by the court without a jury.
15 (x) Transcripts of Judgment.
16 For the filing of a transcript of judgment, the
17 clerk shall be entitled to the same fee as if it were the
18 commencement of a new suit.
19 (y) Change of Venue.
20 (1) For the filing of a change of case on a change
21 of venue, the clerk shall be entitled to the same fee as
22 if it were the commencement of a new suit.
23 (2) The fee for the preparation and certification
24 of a record on a change of venue to another jurisdiction,
25 when original documents are forwarded, $25.
26 (z) Tax objection complaints.
27 For each tax objection complaint containing one or
28 more tax objections, regardless of the number of parcels
29 involved or the number of taxpayers joining on the
30 complaint, $25.
31 (aa) Tax Deeds.
32 (1) Petition for tax deed, if only one parcel is
33 involved, $150.
34 (2) For each additional parcel, add a fee of $50.
-21- LRB9105359LDmb
1 (bb) Collections.
2 (1) For all collections made of others, except the
3 State and county and except in maintenance or child
4 support cases, a sum equal to 2.5% of the amount
5 collected and turned over.
6 (2) Interest earned on any funds held by the clerk
7 shall be turned over to the county general fund as an
8 earning of the office.
9 (3) For any check, draft, or other bank instrument
10 returned to the clerk for non-sufficient funds, account
11 closed, or payment stopped, $25.
12 (4) In child support and maintenance cases, the
13 clerk, if authorized by an ordinance of the county board,
14 may collect an annual fee of up to $36 from the person
15 making payment for maintaining child support records and
16 the processing of support orders to the State of Illinois
17 KIDS system and the recording of payments issued by the
18 State Disbursement Unit for the official record of the
19 Court administering the collection and distribution of
20 maintenance and child support payments. This fee shall
21 be in addition to and separate from amounts ordered to be
22 paid as maintenance or child support and shall be
23 deposited into a Separate Maintenance and Child Support
24 Collection Fund, of which the clerk shall be the
25 custodian, ex-officio, to be used by the clerk to
26 maintain child support orders and record all payments
27 issued by the State Disbursement Unit for the official
28 record of the Court further maintenance and child
29 supports in his or her office. The clerk may recover from
30 the person making the maintenance or child support
31 payment any additional cost incurred in the collection
32 of this annual fee.
33 The clerk shall also be entitled to a fee of $5 for
34 certifications made to the Secretary of State as provided
-22- LRB9105359LDmb
1 in Section 7-703 of the Family Financial Responsibility
2 Law and these fees shall also be deposited into the
3 Separate Maintenance and Child Support Collection Fund.
4 (cc) Corrections of Numbers.
5 For correction of the case number, case title, or
6 attorney computer identification number, if required by
7 rule of court, on any document filed in the clerk's
8 office, to be charged against the party that filed the
9 document, $15.
10 (dd) Exceptions.
11 (1) The fee requirements of this Section shall not
12 apply to police departments or other law enforcement
13 agencies. In this Section, "law enforcement agency"
14 means an agency of the State or a unit of local
15 government which is vested by law or ordinance with the
16 duty to maintain public order and to enforce criminal
17 laws or ordinances. "Law enforcement agency" also means
18 the Attorney General or any state's attorney.
19 (2) No fee provided herein shall be charged to any
20 unit of local government or school district.
21 (3) The fee requirements of this Section shall not
22 apply to any action instituted under subsection (b) of
23 Section 11-31-1 of the Illinois Municipal Code by a
24 private owner or tenant of real property within 1200 feet
25 of a dangerous or unsafe building seeking an order
26 compelling the owner or owners of the building to take
27 any of the actions authorized under that subsection.
28 (ee) Adoptions.
29 (1) For an adoption.............................$65
30 (2) Upon good cause shown, the court may waive the
31 adoption filing fee in a special needs adoption. The
32 term "special needs adoption" shall have the meaning
33 ascribed to it by the Illinois Department of Children and
34 Family Services.
-23- LRB9105359LDmb
1 (ff) Adoption exemptions.
2 No fee other than that set forth in subsection (ee)
3 shall be charged to any person in connection with an
4 adoption proceeding.
5 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
6 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
7 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
8 Sec. 27.2. The fees of the clerks of the circuit court
9 in all counties having a population in excess of 650,000
10 inhabitants but less than 3,000,000 inhabitants in the
11 instances described in this Section shall be as provided in
12 this Section. In addition, the fees provided in this Section
13 shall apply to all units of local government and school
14 districts in counties with more than 3,000,000 inhabitants.
15 The fees shall be paid in advance and shall be as follows:
16 (a) Civil Cases.
17 The fee for filing a complaint, petition, or other
18 pleading initiating a civil action, with the following
19 exceptions, shall be $150.
20 (A) When the amount of money or damages or the
21 value of personal property claimed does not exceed
22 $250, $10.
23 (B) When that amount exceeds $250 but does not
24 exceed $500, $20.
25 (C) When that amount exceeds $500 but does not
26 exceed $2500, $30.
27 (D) When that amount exceeds $2500 but does
28 not exceed $15,000, $75.
29 (E) For the exercise of eminent domain, $150.
30 For each additional lot or tract of land or right or
31 interest therein subject to be condemned, the
32 damages in respect to which shall require separate
33 assessment by a jury, $150.
-24- LRB9105359LDmb
1 (b) Forcible Entry and Detainer.
2 In each forcible entry and detainer case when the
3 plaintiff seeks possession only or unites with his or her
4 claim for possession of the property a claim for rent or
5 damages or both in the amount of $15,000 or less, $40.
6 When the plaintiff unites his or her claim for possession
7 with a claim for rent or damages or both exceeding
8 $15,000, $150.
9 (c) Counterclaim or Joining Third Party Defendant.
10 When any defendant files a counterclaim as part of
11 his or her answer or otherwise or joins another party as
12 a third party defendant, or both, the defendant shall pay
13 a fee for each counterclaim or third party action in an
14 amount equal to the fee he or she would have had to pay
15 had he or she brought a separate action for the relief
16 sought in the counterclaim or against the third party
17 defendant, less the amount of the appearance fee, if that
18 has been paid.
19 (d) Confession of Judgment.
20 In a confession of judgment when the amount does not
21 exceed $1500, $50. When the amount exceeds $1500, but
22 does not exceed $15,000, $115. When the amount exceeds
23 $15,000, $200.
24 (e) Appearance.
25 The fee for filing an appearance in each civil case
26 shall be $50, except as follows:
27 (A) When the plaintiff in a forcible entry and
28 detainer case seeks possession only; $20.
29 (B) When the amount in the case does not
30 exceed $1500, $20.
31 (C) When that amount exceeds $1500 but does
32 not exceed $15,000, $40.
33 (f) Garnishment, Wage Deduction, and Citation.
34 In garnishment affidavit, wage deduction affidavit,
-25- LRB9105359LDmb
1 and citation petition when the amount does not exceed
2 $1,000, $10; when the amount exceeds $1,000 but does not
3 exceed $5,000, $20; and when the amount exceeds $5,000,
4 $30.
5 (g) Petition to Vacate or Modify.
6 (1) Petition to vacate or modify any final judgment
7 or order of court, except in forcible entry and detainer
8 cases and small claims cases or a petition to reopen an
9 estate, to modify, terminate, or enforce a judgment or
10 order for child or spousal support, or to modify,
11 suspend, or terminate an order for withholding, if filed
12 before 30 days after the entry of the judgment or order,
13 $40.
14 (2) Petition to vacate or modify any final judgment
15 or order of court, except a petition to modify,
16 terminate, or enforce a judgment or order for child or
17 spousal support or to modify, suspend, or terminate an
18 order for withholding, if filed later than 30 days after
19 the entry of the judgment or order, $60.
20 (3) Petition to vacate order of bond forfeiture,
21 $20.
22 (h) Mailing.
23 When the clerk is required to mail, the fee will be
24 $6, plus the cost of postage.
25 (i) Certified Copies.
26 Each certified copy of a judgment after the first,
27 except in small claims and forcible entry and detainer
28 cases, $10.
29 (j) Habeas Corpus.
30 For filing a petition for relief by habeas corpus,
31 $80.
32 (k) Certification, Authentication, and Reproduction.
33 (1) Each certification or authentication for taking
34 the acknowledgment of a deed or other instrument in
-26- LRB9105359LDmb
1 writing with the seal of office, $4.
2 (2) Court appeals when original documents are
3 forwarded, under 100 pages, plus delivery and costs, $50.
4 (3) Court appeals when original documents are
5 forwarded, over 100 pages, plus delivery and costs, $120.
6 (4) Court appeals when original documents are
7 forwarded, over 200 pages, an additional fee of 20 cents
8 per page.
9 (5) For reproduction of any document contained in
10 the clerk's files:
11 (A) First page, $2.
12 (B) Next 19 pages, 50 cents per page.
13 (C) All remaining pages, 25 cents per page.
14 (l) Remands.
15 In any cases remanded to the Circuit Court from the
16 Supreme Court or the Appellate Court for a new trial, the
17 clerk shall file the remanding order and reinstate the
18 case with either its original number or a new number.
19 The Clerk shall not charge any new or additional fee for
20 the reinstatement. Upon reinstatement the Clerk shall
21 advise the parties of the reinstatement. A party shall
22 have the same right to a jury trial on remand and
23 reinstatement as he or she had before the appeal, and no
24 additional or new fee or charge shall be made for a jury
25 trial after remand.
26 (m) Record Search.
27 For each record search, within a division or
28 municipal district, the clerk shall be entitled to a
29 search fee of $4 for each year searched.
30 (n) Hard Copy.
31 For each page of hard copy print output, when case
32 records are maintained on an automated medium, the clerk
33 shall be entitled to a fee of $4.
34 (o) Index Inquiry and Other Records.
-27- LRB9105359LDmb
1 No fee shall be charged for a single
2 plaintiff/defendant index inquiry or single case record
3 inquiry when this request is made in person and the
4 records are maintained in a current automated medium, and
5 when no hard copy print output is requested. The fees to
6 be charged for management records, multiple case records,
7 and multiple journal records may be specified by the
8 Chief Judge pursuant to the guidelines for access and
9 dissemination of information approved by the Supreme
10 Court.
11 (p) Commitment Petitions.
12 For filing commitment petitions under the Mental
13 Health and Developmental Disabilities Code, $25.
14 (q) Alias Summons.
15 For each alias summons or citation issued by the
16 clerk, $4.
17 (r) Other Fees.
18 Any fees not covered in this Section shall be set by
19 rule or administrative order of the Circuit Court with
20 the approval of the Administrative Office of the Illinois
21 Courts.
22 The clerk of the circuit court may provide
23 additional services for which there is no fee specified
24 by statute in connection with the operation of the
25 clerk's office as may be requested by the public and
26 agreed to by the clerk and approved by the chief judge of
27 the circuit court. Any charges for additional services
28 shall be as agreed to between the clerk and the party
29 making the request and approved by the chief judge of the
30 circuit court. Nothing in this subsection shall be
31 construed to require any clerk to provide any service not
32 otherwise required by law.
33 (s) Jury Services.
34 The clerk shall be entitled to receive, in addition
-28- LRB9105359LDmb
1 to other fees allowed by law, the sum of $180, as a fee
2 for the services of a jury in every civil action not
3 quasi-criminal in its nature and not a proceeding for the
4 exercise of the right of eminent domain and in every
5 other action wherein the right of trial by jury is or may
6 be given by law. The jury fee shall be paid by the party
7 demanding a jury at the time of filing the jury demand.
8 If the fee is not paid by either party, no jury shall be
9 called in the action or proceeding, and the same shall be
10 tried by the court without a jury.
11 (t) Voluntary Assignment.
12 For filing each deed of voluntary assignment, $10;
13 for recording the same, 25¢ for each 100 words.
14 Exceptions filed to claims presented to an assignee of a
15 debtor who has made a voluntary assignment for the
16 benefit of creditors shall be considered and treated, for
17 the purpose of taxing costs therein, as actions in which
18 the party or parties filing the exceptions shall be
19 considered as party or parties plaintiff, and the
20 claimant or claimants as party or parties defendant, and
21 those parties respectively shall pay to the clerk the
22 same fees as provided by this Section to be paid in other
23 actions.
24 (u) Expungement Petition.
25 The clerk shall be entitled to receive a fee of $30
26 for each expungement petition filed and an additional fee
27 of $2 for each certified copy of an order to expunge
28 arrest records.
29 (v) Probate.
30 The clerk is entitled to receive the fees specified in
31 this subsection (v), which shall be paid in advance, except
32 that, for good cause shown, the court may suspend, reduce, or
33 release the costs payable under this subsection:
34 (1) For administration of the estate of a decedent
-29- LRB9105359LDmb
1 (whether testate or intestate) or of a missing person,
2 $100, plus the fees specified in subsection (v)(3),
3 except:
4 (A) When the value of the real and personal
5 property does not exceed $15,000, the fee shall be
6 $25.
7 (B) When (i) proof of heirship alone is made,
8 (ii) a domestic or foreign will is admitted to
9 probate without administration (including proof of
10 heirship), or (iii) letters of office are issued for
11 a particular purpose without administration of the
12 estate, the fee shall be $25.
13 (2) For administration of the estate of a ward,
14 $50, plus the fees specified in subsection (v)(3),
15 except:
16 (A) When the value of the real and personal
17 property does not exceed $15,000, the fee shall be
18 $25.
19 (B) When (i) letters of office are issued to a
20 guardian of the person or persons, but not of the
21 estate or (ii) letters of office are issued in the
22 estate of a ward without administration of the
23 estate, including filing or joining in the filing of
24 a tax return or releasing a mortgage or consenting
25 to the marriage of the ward, the fee shall be $10.
26 (3) In addition to the fees payable under
27 subsection (v)(1) or (v)(2) of this Section, the
28 following fees are payable:
29 (A) For each account (other than one final
30 account) filed in the estate of a decedent, or ward,
31 $15.
32 (B) For filing a claim in an estate when the
33 amount claimed is $150 or more but less than $500,
34 $10; when the amount claimed is $500 or more but
-30- LRB9105359LDmb
1 less than $10,000, $25; when the amount claimed is
2 $10,000 or more, $40; provided that the court in
3 allowing a claim may add to the amount allowed the
4 filing fee paid by the claimant.
5 (C) For filing in an estate a claim, petition,
6 or supplemental proceeding based upon an action
7 seeking equitable relief including the construction
8 or contest of a will, enforcement of a contract to
9 make a will, and proceedings involving testamentary
10 trusts or the appointment of testamentary trustees,
11 $40.
12 (D) For filing in an estate (i) the appearance
13 of any person for the purpose of consent or (ii) the
14 appearance of an executor, administrator,
15 administrator to collect, guardian, guardian ad
16 litem, or special administrator, no fee.
17 (E) Except as provided in subsection
18 (v)(3)(D), for filing the appearance of any person
19 or persons, $10.
20 (F) For each jury demand, $90.
21 (G) For disposition of the collection of a
22 judgment or settlement of an action or claim for
23 wrongful death of a decedent or of any cause of
24 action of a ward, when there is no other
25 administration of the estate, $30, less any amount
26 paid under subsection (v)(1)(B) or (v)(2)(B) except
27 that if the amount involved does not exceed $5,000,
28 the fee, including any amount paid under subsection
29 (v)(1)(B) or (v)(2)(B), shall be $10.
30 (H) For each certified copy of letters of
31 office, of court order or other certification, $1,
32 plus 50¢ per page in excess of 3 pages for the
33 document certified.
34 (I) For each exemplification, $1, plus the fee
-31- LRB9105359LDmb
1 for certification.
2 (4) The executor, administrator, guardian,
3 petitioner, or other interested person or his or her
4 attorney shall pay the cost of publication by the clerk
5 directly to the newspaper.
6 (5) The person on whose behalf a charge is incurred
7 for witness, court reporter, appraiser, or other
8 miscellaneous fee shall pay the same directly to the
9 person entitled thereto.
10 (6) The executor, administrator, guardian,
11 petitioner, or other interested person or his attorney
12 shall pay to the clerk all postage charges incurred by
13 the clerk in mailing petitions, orders, notices, or other
14 documents pursuant to the provisions of the Probate Act
15 of 1975.
16 (w) Criminal and Quasi-Criminal Costs and Fees.
17 (1) The clerk shall be entitled to costs in all
18 criminal and quasi-criminal cases from each person
19 convicted or sentenced to supervision therein as follows:
20 (A) Felony complaints, $80.
21 (B) Misdemeanor complaints, $50.
22 (C) Business offense complaints, $50.
23 (D) Petty offense complaints, $50.
24 (E) Minor traffic or ordinance violations,
25 $20.
26 (F) When court appearance required, $30.
27 (G) Motions to vacate or amend final orders,
28 $20.
29 (H) Motions to vacate bond forfeiture orders,
30 $20.
31 (I) Motions to vacate ex parte judgments,
32 whenever filed, $20.
33 (J) Motions to vacate judgment on forfeitures,
34 whenever filed, $20.
-32- LRB9105359LDmb
1 (K) Motions to vacate "failure to appear" or
2 "failure to comply" notices sent to the Secretary of
3 State, $20.
4 (2) In counties having a population of more than
5 650,000 but fewer than 3,000,000 inhabitants, when the
6 violation complaint is issued by a municipal police
7 department, the clerk shall be entitled to costs from
8 each person convicted therein as follows:
9 (A) Minor traffic or ordinance violations,
10 $10.
11 (B) When court appearance required, $15.
12 (3) In ordinance violation cases punishable by fine
13 only, the clerk of the circuit court shall be entitled to
14 receive, unless the fee is excused upon a finding by the
15 court that the defendant is indigent, in addition to
16 other fees or costs allowed or imposed by law, the sum of
17 $50 as a fee for the services of a jury. The jury fee
18 shall be paid by the defendant at the time of filing his
19 or her jury demand. If the fee is not so paid by the
20 defendant, no jury shall be called, and the case shall be
21 tried by the court without a jury.
22 (x) Transcripts of Judgment.
23 For the filing of a transcript of judgment, the
24 clerk shall be entitled to the same fee as if it were the
25 commencement of new suit.
26 (y) Change of Venue.
27 (1) For the filing of a change of case on a change
28 of venue, the clerk shall be entitled to the same fee as
29 if it were the commencement of a new suit.
30 (2) The fee for the preparation and certification
31 of a record on a change of venue to another jurisdiction,
32 when original documents are forwarded, $25.
33 (z) Tax objection complaints.
34 For each tax objection complaint containing one or
-33- LRB9105359LDmb
1 more tax objections, regardless of the number of parcels
2 involved or the number of taxpayers joining in the
3 complaint, $25.
4 (aa) Tax Deeds.
5 (1) Petition for tax deed, if only one parcel is
6 involved, $150.
7 (2) For each additional parcel, add a fee of $50.
8 (bb) Collections.
9 (1) For all collections made of others, except the
10 State and county and except in maintenance or child
11 support cases, a sum equal to 2.5% of the amount
12 collected and turned over.
13 (2) Interest earned on any funds held by the clerk
14 shall be turned over to the county general fund as an
15 earning of the office.
16 (3) For any check, draft, or other bank instrument
17 returned to the clerk for non-sufficient funds, account
18 closed, or payment stopped, $25.
19 (4) In child support and maintenance cases, the
20 clerk, if authorized by an ordinance of the county board,
21 may collect an annual fee of up to $36 from the person
22 making payment for maintaining child support records and
23 the processing of support orders to the State of Illinois
24 KIDS system and the recording of payments issued by the
25 State Disbursement Unit for the official record of the
26 Court administering the collection and distribution of
27 maintenance and child support payments. This fee shall
28 be in addition to and separate from amounts ordered to be
29 paid as maintenance or child support and shall be
30 deposited into a Separate Maintenance and Child Support
31 Collection Fund, of which the clerk shall be the
32 custodian, ex-officio, to be used by the clerk to
33 maintain child support orders and record all payments
34 issued by the State Disbursement Unit for the official
-34- LRB9105359LDmb
1 record of the Court further maintenance and child
2 supports in his or her office. The clerk may recover from
3 the person making the maintenance or child support
4 payment any additional cost incurred in the collection of
5 this annual fee.
6 The clerk shall also be entitled to a fee of $5 for
7 certifications made to the Secretary of State as provided
8 in Section 7-703 of the Family Financial Responsibility
9 Law and these fees shall also be deposited into the
10 Separate Maintenance and Child Support Collection Fund.
11 (cc) Corrections of Numbers.
12 For correction of the case number, case title, or
13 attorney computer identification number, if required by
14 rule of court, on any document filed in the clerk's
15 office, to be charged against the party that filed the
16 document, $15.
17 (dd) Exceptions.
18 The fee requirements of this Section shall not apply
19 to police departments or other law enforcement agencies.
20 In this Section, "law enforcement agency" means an agency
21 of the State or a unit of local government which is
22 vested by law or ordinance with the duty to maintain
23 public order and to enforce criminal laws or ordinances.
24 "Law enforcement agency" also means the Attorney General
25 or any state's attorney. The fee requirements of this
26 Section shall not apply to any action instituted under
27 subsection (b) of Section 11-31-1 of the Illinois
28 Municipal Code by a private owner or tenant of real
29 property within 1200 feet of a dangerous or unsafe
30 building seeking an order compelling the owner or owners
31 of the building to take any of the actions authorized
32 under that subsection.
33 (ee) Adoptions.
34 (1) For an adoption.............................$65
-35- LRB9105359LDmb
1 (2) Upon good cause shown, the court may waive the
2 adoption filing fee in a special needs adoption. The
3 term "special needs adoption" shall have the meaning
4 ascribed to it by the Illinois Department of Children and
5 Family Services.
6 (ff) Adoption exemptions.
7 No fee other than that set forth in subsection (ee)
8 shall be charged to any person in connection with an
9 adoption proceeding.
10 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
11 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
12 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
13 Sec. 27.2a. The fees of the clerks of the circuit court
14 in all counties having a population of 3,000,000 or more
15 inhabitants in the instances described in this Section shall
16 be as provided in this Section. The fees shall be paid in
17 advance and shall be as follows:
18 (a) Civil Cases.
19 The fee for filing a complaint, petition, or other
20 pleading initiating a civil action, with the following
21 exceptions, shall be $190.
22 (A) When the amount of money or damages or the
23 value of personal property claimed does not exceed
24 $250, $15.
25 (B) When that amount exceeds $250 but does not
26 exceed $1000, $40.
27 (C) When that amount exceeds $1000 but does
28 not exceed $2500, $50.
29 (D) When that amount exceeds $2500 but does
30 not exceed $5000, $100.
31 (E) When that amount exceeds $5000 but does
32 not exceed $15,000, $150.
33 (F) For the exercise of eminent domain, $150.
-36- LRB9105359LDmb
1 For each additional lot or tract of land or right or
2 interest therein subject to be condemned, the
3 damages in respect to which shall require separate
4 assessment by a jury, $150.
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, $75.
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, $225.
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, $60. When the amount exceeds $1500, but
26 does not exceed $5000, $75. When the amount exceeds
27 $5000, but does not exceed $15,000, $175. When the amount
28 exceeds $15,000, $250.
29 (e) Appearance.
30 The fee for filing an appearance in each civil case
31 shall be $75, except as follows:
32 (A) When the plaintiff in a forcible entry and
33 detainer case seeks possession only, $40.
34 (B) When the amount in the case does not
-37- LRB9105359LDmb
1 exceed $1500, $40.
2 (C) When that amount exceeds $1500 but does
3 not exceed $15,000, $60.
4 (f) Garnishment, Wage Deduction, and Citation.
5 In garnishment affidavit, wage deduction affidavit,
6 and citation petition when the amount does not exceed
7 $1,000, $15; when the amount exceeds $1,000 but does not
8 exceed $5,000, $30; and when the amount exceeds $5,000,
9 $50.
10 (g) Petition to Vacate or Modify.
11 (1) Petition to vacate or modify any final judgment
12 or order of court, except in forcible entry and detainer
13 cases and small claims cases or a petition to reopen an
14 estate, to modify, terminate, or enforce a judgment or
15 order for child or spousal support, or to modify,
16 suspend, or terminate an order for withholding, if filed
17 before 30 days after the entry of the judgment or order,
18 $50.
19 (2) Petition to vacate or modify any final judgment
20 or order of court, except a petition to modify,
21 terminate, or enforce a judgment or order for child or
22 spousal support or to modify, suspend, or terminate an
23 order for withholding, if filed later than 30 days after
24 the entry of the judgment or order, $75.
25 (3) Petition to vacate order of bond forfeiture,
26 $40.
27 (h) Mailing.
28 When the clerk is required to mail, the fee will be
29 $10, plus the cost of postage.
30 (i) Certified Copies.
31 Each certified copy of a judgment after the first,
32 except in small claims and forcible entry and detainer
33 cases, $15.
34 (j) Habeas Corpus.
-38- LRB9105359LDmb
1 For filing a petition for relief by habeas corpus,
2 $125.
3 (k) Certification, Authentication, and Reproduction.
4 (1) Each certification or authentication for taking
5 the acknowledgment of a deed or other instrument in
6 writing with the seal of office, $6.
7 (2) Court appeals when original documents are
8 forwarded, under 100 pages, plus delivery and costs, $75.
9 (3) Court appeals when original documents are
10 forwarded, over 100 pages, plus delivery and costs, $150.
11 (4) Court appeals when original documents are
12 forwarded, over 200 pages, an additional fee of 25 cents
13 per page.
14 (5) For reproduction of any document contained in
15 the clerk's files:
16 (A) First page, $2.
17 (B) Next 19 pages, 50 cents per page.
18 (C) All remaining pages, 25 cents per page.
19 (l) Remands.
20 In any cases remanded to the Circuit Court from the
21 Supreme Court or the Appellate Court for a new trial, the
22 clerk shall file the remanding order and reinstate the
23 case with either its original number or a new number.
24 The Clerk shall not charge any new or additional fee for
25 the reinstatement. Upon reinstatement the Clerk shall
26 advise the parties of the reinstatement. A party shall
27 have the same right to a jury trial on remand and
28 reinstatement as he or she had before the appeal, and no
29 additional or new fee or charge shall be made for a jury
30 trial after remand.
31 (m) Record Search.
32 For each record search, within a division or
33 municipal district, the clerk shall be entitled to a
34 search fee of $6 for each year searched.
-39- LRB9105359LDmb
1 (n) Hard Copy.
2 For each page of hard copy print output, when case
3 records are maintained on an automated medium, the clerk
4 shall be entitled to a fee of $6.
5 (o) Index Inquiry and Other Records.
6 No fee shall be charged for a single
7 plaintiff/defendant index inquiry or single case record
8 inquiry when this request is made in person and the
9 records are maintained in a current automated medium, and
10 when no hard copy print output is requested. The fees to
11 be charged for management records, multiple case records,
12 and multiple journal records may be specified by the
13 Chief Judge pursuant to the guidelines for access and
14 dissemination of information approved by the Supreme
15 Court.
16 (p) Commitment Petitions.
17 For filing commitment petitions under the Mental
18 Health and Developmental Disabilities Code, $50.
19 (q) Alias Summons.
20 For each alias summons or citation issued by the
21 clerk, $5.
22 (r) Other Fees.
23 Any fees not covered in this Section shall be set by
24 rule or administrative order of the Circuit Court with
25 the approval of the Administrative Office of the Illinois
26 Courts.
27 The clerk of the circuit court may provide
28 additional services for which there is no fee specified
29 by statute in connection with the operation of the
30 clerk's office as may be requested by the public and
31 agreed to by the clerk and approved by the chief judge of
32 the circuit court. Any charges for additional services
33 shall be as agreed to between the clerk and the party
34 making the request and approved by the chief judge of the
-40- LRB9105359LDmb
1 circuit court. Nothing in this subsection shall be
2 construed to require any clerk to provide any service not
3 otherwise required by law.
4 (s) Jury Services.
5 The clerk shall be entitled to receive, in addition
6 to other fees allowed by law, the sum of $200, as a fee
7 for the services of a jury in every civil action not
8 quasi-criminal in its nature and not a proceeding for the
9 exercise of the right of eminent domain and in every
10 other action wherein the right of trial by jury is or may
11 be given by law. The jury fee shall be paid by the party
12 demanding a jury at the time of filing the jury demand.
13 If the fee is not paid by either party, no jury shall be
14 called in the action or proceeding, and the same shall be
15 tried by the court without a jury.
16 (t) Voluntary Assignment.
17 For filing each deed of voluntary assignment, $20;
18 for recording the same, 50¢ for each 100 words.
19 Exceptions filed to claims presented to an assignee of a
20 debtor who has made a voluntary assignment for the
21 benefit of creditors shall be considered and treated, for
22 the purpose of taxing costs therein, as actions in which
23 the party or parties filing the exceptions shall be
24 considered as party or parties plaintiff, and the
25 claimant or claimants as party or parties defendant, and
26 those parties respectively shall pay to the clerk the
27 same fees as provided by this Section to be paid in other
28 actions.
29 (u) Expungement Petition.
30 The clerk shall be entitled to receive a fee of $60
31 for each expungement petition filed and an additional fee
32 of $4 for each certified copy of an order to expunge
33 arrest records.
34 (v) Probate.
-41- LRB9105359LDmb
1 The clerk is entitled to receive the fees specified in
2 this subsection (v), which shall be paid in advance, except
3 that, for good cause shown, the court may suspend, reduce, or
4 release the costs payable under this subsection:
5 (1) For administration of the estate of a decedent
6 (whether testate or intestate) or of a missing person,
7 $150, plus the fees specified in subsection (v)(3),
8 except:
9 (A) When the value of the real and personal
10 property does not exceed $15,000, the fee shall be
11 $40.
12 (B) When (i) proof of heirship alone is made,
13 (ii) a domestic or foreign will is admitted to
14 probate without administration (including proof of
15 heirship), or (iii) letters of office are issued for
16 a particular purpose without administration of the
17 estate, the fee shall be $40.
18 (2) For administration of the estate of a ward,
19 $75, plus the fees specified in subsection (v)(3),
20 except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be
23 $40.
24 (B) When (i) letters of office are issued to a
25 guardian of the person or persons, but not of the
26 estate or (ii) letters of office are issued in the
27 estate of a ward without administration of the
28 estate, including filing or joining in the filing of
29 a tax return or releasing a mortgage or consenting
30 to the marriage of the ward, the fee shall be $20.
31 (3) In addition to the fees payable under
32 subsection (v)(1) or (v)(2) of this Section, the
33 following fees are payable:
34 (A) For each account (other than one final
-42- LRB9105359LDmb
1 account) filed in the estate of a decedent, or ward,
2 $25.
3 (B) For filing a claim in an estate when the
4 amount claimed is $150 or more but less than $500,
5 $20; when the amount claimed is $500 or more but
6 less than $10,000, $40; when the amount claimed is
7 $10,000 or more, $60; provided that the court in
8 allowing a claim may add to the amount allowed the
9 filing fee paid by the claimant.
10 (C) For filing in an estate a claim, petition,
11 or supplemental proceeding based upon an action
12 seeking equitable relief including the construction
13 or contest of a will, enforcement of a contract to
14 make a will, and proceedings involving testamentary
15 trusts or the appointment of testamentary trustees,
16 $60.
17 (D) For filing in an estate (i) the appearance
18 of any person for the purpose of consent or (ii) the
19 appearance of an executor, administrator,
20 administrator to collect, guardian, guardian ad
21 litem, or special administrator, no fee.
22 (E) Except as provided in subsection
23 (v)(3)(D), for filing the appearance of any person
24 or persons, $30.
25 (F) For each jury demand, $125.
26 (G) For disposition of the collection of a
27 judgment or settlement of an action or claim for
28 wrongful death of a decedent or of any cause of
29 action of a ward, when there is no other
30 administration of the estate, $50, less any amount
31 paid under subsection (v)(1)(B) or (v)(2)(B) except
32 that if the amount involved does not exceed $5,000,
33 the fee, including any amount paid under subsection
34 (v)(1)(B) or (v)(2)(B), shall be $20.
-43- LRB9105359LDmb
1 (H) For each certified copy of letters of
2 office, of court order or other certification, $2,
3 plus $1 per page in excess of 3 pages for the
4 document certified.
5 (I) For each exemplification, $2, plus the fee
6 for certification.
7 (4) The executor, administrator, guardian,
8 petitioner, or other interested person or his or her
9 attorney shall pay the cost of publication by the clerk
10 directly to the newspaper.
11 (5) The person on whose behalf a charge is incurred
12 for witness, court reporter, appraiser, or other
13 miscellaneous fee shall pay the same directly to the
14 person entitled thereto.
15 (6) The executor, administrator, guardian,
16 petitioner, or other interested person or his or her
17 attorney shall pay to the clerk all postage charges
18 incurred by the clerk in mailing petitions, orders,
19 notices, or other documents pursuant to the provisions of
20 the Probate Act of 1975.
21 (w) Criminal and Quasi-Criminal Costs and Fees.
22 (1) The clerk shall be entitled to costs in all
23 criminal and quasi-criminal cases from each person
24 convicted or sentenced to supervision therein as follows:
25 (A) Felony complaints, $125.
26 (B) Misdemeanor complaints, $75.
27 (C) Business offense complaints, $75.
28 (D) Petty offense complaints, $75.
29 (E) Minor traffic or ordinance violations,
30 $30.
31 (F) When court appearance required, $50.
32 (G) Motions to vacate or amend final orders,
33 $40.
34 (H) Motions to vacate bond forfeiture orders,
-44- LRB9105359LDmb
1 $30.
2 (I) Motions to vacate ex parte judgments,
3 whenever filed, $30.
4 (J) Motions to vacate judgment on forfeitures,
5 whenever filed, $25.
6 (K) Motions to vacate "failure to appear" or
7 "failure to comply" notices sent to the Secretary of
8 State, $40.
9 (2) In counties having a population of 3,000,000 or
10 more, when the violation complaint is issued by a
11 municipal police department, the clerk shall be entitled
12 to costs from each person convicted therein as follows:
13 (A) Minor traffic or ordinance violations,
14 $30.
15 (B) When court appearance required, $50.
16 (3) In ordinance violation cases punishable by fine
17 only, the clerk of the circuit court shall be entitled to
18 receive, unless the fee is excused upon a finding by the
19 court that the defendant is indigent, in addition to
20 other fees or costs allowed or imposed by law, the sum of
21 $100 as a fee for the services of a jury. The jury fee
22 shall be paid by the defendant at the time of filing his
23 or her jury demand. If the fee is not so paid by the
24 defendant, no jury shall be called, and the case shall be
25 tried by the court without a jury.
26 (x) Transcripts of Judgment.
27 For the filing of a transcript of judgment, the
28 clerk shall be entitled to the same fee as if it were the
29 commencement of a new suit.
30 (y) Change of Venue.
31 (1) For the filing of a change of case on a change
32 of venue, the clerk shall be entitled to the same fee as
33 if it were the commencement of a new suit.
34 (2) The fee for the preparation and certification
-45- LRB9105359LDmb
1 of a record on a change of venue to another jurisdiction,
2 when original documents are forwarded, $40.
3 (z) Tax objection complaints.
4 For each tax objection complaint containing one or
5 more tax objections, regardless of the number of parcels
6 involved or the number of taxpayers joining in the
7 complaint, $50.
8 (aa) Tax Deeds.
9 (1) Petition for tax deed, if only one parcel is
10 involved, $250.
11 (2) For each additional parcel, add a fee of $100.
12 (bb) Collections.
13 (1) For all collections made of others, except the
14 State and county and except in maintenance or child
15 support cases, a sum equal to 3.0% of the amount
16 collected and turned over.
17 (2) Interest earned on any funds held by the clerk
18 shall be turned over to the county general fund as an
19 earning of the office.
20 (3) For any check, draft, or other bank instrument
21 returned to the clerk for non-sufficient funds, account
22 closed, or payment stopped, $25.
23 (4) In child support and maintenance cases, the
24 clerk, if authorized by an ordinance of the county board,
25 may collect an annual fee of up to $36 from the person
26 making payment for maintaining child support records and
27 the processing of support orders to the State of Illinois
28 KIDS system and the recording of payments issued by the
29 State Disbursement Unit for the official record of the
30 Court administering the collection and distribution of
31 maintenance and child support payments. This fee shall
32 be in addition to and separate from amounts ordered to be
33 paid as maintenance or child support and shall be
34 deposited into a Separate Maintenance and Child Support
-46- LRB9105359LDmb
1 Collection Fund, of which the clerk shall be the
2 custodian, ex-officio, to be used by the clerk to
3 maintain child support orders and record all payments
4 issued by the State Disbursement Unit for the official
5 record of the Court further maintenance and child
6 supports in his or her office. The clerk may recover
7 from the person making the maintenance or child support
8 payment any additional cost incurred in the collection of
9 this annual fee.
10 The clerk shall also be entitled to a fee of $5 for
11 certifications made to the Secretary of State as provided
12 in Section 7-703 of the Family Financial Responsibility
13 Law and these fees shall also be deposited into the
14 Separate Maintenance and Child Support Collection Fund.
15 (cc) Corrections of Numbers.
16 For correction of the case number, case title, or
17 attorney computer identification number, if required by
18 rule of court, on any document filed in the clerk's
19 office, to be charged against the party that filed the
20 document, $25.
21 (dd) Exceptions.
22 (1) The fee requirements of this Section shall not
23 apply to police departments or other law enforcement
24 agencies. In this Section, "law enforcement agency"
25 means an agency of the State or a unit of local
26 government which is vested by law or ordinance with the
27 duty to maintain public order and to enforce criminal
28 laws or ordinances. "Law enforcement agency" also means
29 the Attorney General or any state's attorney.
30 (2) No fee provided herein shall be charged to any
31 unit of local government or school district. The fee
32 requirements of this Section shall not apply to any
33 action instituted under subsection (b) of Section 11-31-1
34 of the Illinois Municipal Code by a private owner or
-47- LRB9105359LDmb
1 tenant of real property within 1200 feet of a dangerous
2 or unsafe building seeking an order compelling the owner
3 or owners of the building to take any of the actions
4 authorized under that subsection.
5 (ee) Adoption.
6 (1) For an adoption.............................$65
7 (2) Upon good cause shown, the court may waive the
8 adoption filing fee in a special needs adoption. The
9 term "special needs adoption" shall have the meaning
10 ascribed to it by the Illinois Department of Children and
11 Family Services.
12 (ff) Adoption exemptions.
13 No fee other than that set forth in subsection (ee)
14 shall be charged to any person in connection with an
15 adoption proceeding.
16 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
17 90-466, eff. 8-17-97; 90-796, eff. 12-15-98.)
18 Section 99. Effective date. This Act takes effect
19 October 1, 1999.