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91_HB2857
LRB9105363RCpr
1 AN ACT to amend the Clerks of Courts Act by changing
2 Sections 8, 13, and 16.
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 8, 13, and 16 as follows:
7 (705 ILCS 105/8) (from Ch. 25, par. 8)
8 Sec. 8. The clerks shall, in all cases, attend in person
9 to the duties of their offices, respectively, when it is
10 practicable so to do, and shall perform all the duties
11 thereof which can reasonably be performed by one person. In
12 the performance of the duties of the office of clerk of the
13 circuit court, any such clerk, after filing with the
14 Secretary of State his or her manual signature certified by
15 him or her under oath, may execute or cause to be executed
16 with a facsimile signature, in lieu of his or her original
17 signature, all forms of process and notices issued by his or
18 her office.
19 "Facsimile signature" means a reproduction by engraving,
20 imprinting, stamping, electronic or digital execution, or
21 other means of the manual signature of an authorized officer.
22 When the seal of the clerk of the circuit court is
23 required in the execution of any process or notice issued by
24 the clerk's office, the clerk may cause the seal to be
25 printed, engraved, stamped, electronically or digitally
26 imprinted, or otherwise placed in facsimile thereon. The
27 facsimile seal has the same effect as the impression of the
28 seal.
29 (Source: P.A. 83-346.)
30 (705 ILCS 105/13) (from Ch. 25, par. 13)
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1 Sec. 13. The clerks shall attend the sessions of their
2 respective courts, preserve all the files, and papers, and
3 electronic data thereof, make, keep and preserve complete
4 records of all the proceedings and determinations thereof,
5 whether those records are maintained in a documentary,
6 electronic, or digital format, except in cases otherwise
7 provided by law, and do and perform all other duties
8 pertaining to their offices, as may be required by law or the
9 rules and orders of their courts respectively.
10 Notwithstanding any other law, the right to access and
11 disseminate any court record as defined in this Act may not
12 be subject to an exclusive contract with another person or
13 entity. This Section is subject to the provisions of "The
14 Local Records Act", approved August 18, 1961, as amended.
15 (Source: P.A. 90-206, eff. 7-25-97.)
16 (705 ILCS 105/16) (from Ch. 25, par. 16)
17 Sec. 16. Records kept by the clerks of the circuit
18 courts are subject to the provisions of "The Local Records
19 Act", approved August 18, 1961, as amended.
20 Unless otherwise provided by rule or administrative order
21 of the Supreme Court, the respective clerks of the circuit
22 courts shall keep in their offices the following books or
23 electronic records:
24 1. A general or electronic docket, upon which shall be
25 entered all suits, in the order in which they are commenced.
26 2. Two well-bound books or clearly delineated electronic
27 database, to be denominated "Plaintiff's Index to Court
28 Records," and "Defendant's Index to Court Records" to be
29 maintained in an electronic format or ruled and printed
30 substantially in the following manner:
31 .............................................................
32 Plaintiffs Defendants Kind of Date Record Pages
33 Action Commenced Book
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1 .............................................................
2 .............................................................
3 .............................................................
4 Date of Judgment
5 judgment docket
6 .............................................................
7 Book Page
8 .............................................................
9 Certificate Satisfied
10 Certificate Certificate of or not Number
11 of levy of sale redemption satisfied of case
12 .............................................................
13 Fee Book Page Book Page Book Page
14 Book
15 .............................................................
16 All cases shall be entered in such books or electronic
17 database, in alphabetical order, by the name of each
18 plaintiff and defendant. The books or electronic database
19 shall set forth the names of the parties, kind of action,
20 date commenced, the record books and pages on which the cases
21 are recorded, the date of judgment, books and pages of the
22 judgment dockets, fee book, certificates of levy, sale and
23 redemption records on which they are entered satisfied or not
24 satisfied, and number of case. The defendant's index shall
25 be maintained in an electronic format or ruled and printed in
26 the same manner as the plaintiff's except the parties shall
27 be reversed.
28 3. Proper books of record, or electronic database with
29 indices, showing the names of all parties to any action or
30 judgment therein recorded, with a reference to the page where
31 it is recorded.
32 4. A judgment docket, in which all final judgments
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1 (except child support orders as hereinafter provided) shall
2 be minuted at the time they are entered, or within 60 days
3 thereafter in alphabetical order, by the name of every person
4 against whom the judgment is entered, showing, in the proper
5 columns ruled for that purpose, the names of the parties, the
6 date, nature of the judgment, amount of the judgment and
7 costs in separate items, for which it is issued, to whom
8 issued, when returned, and the manner of its enforcement; a
9 blank column shall be kept in which may be entered a note of
10 the satisfaction or other disposition of the judgment or
11 order and when satisfied by enforcement or otherwise, or set
12 aside or enjoined; the clerk shall enter a minute thereof in
13 such column, showing how disposed of, the date and the book
14 and page, where the evidence thereof is to be found. In the
15 case of child support orders or modifications of such orders
16 entered on or after May 1, 1987, the clerk shall minute such
17 orders or modifications in the manner and form provided
18 herein but shall not minute every child support installment
19 when due or every child support payment when made. Such
20 dockets may be searched by persons, at all reasonable times
21 without fee.
22 5. A fee book, in which shall be distinctly set down, in
23 items, the proper title of the cause and heads, the cost of
24 each action, including clerk's, sheriff's and witness' fees,
25 stating the name of each witness having claimed attendance in
26 respect of the trial or hearing of such action with the
27 number of days attended. It shall not be necessary to insert
28 the cost in the judgment; but whenever an action is
29 determined and final judgment entered, the costs of each
30 party litigant shall be made up and entered in such fee book,
31 which shall be considered a part of the record and judgment,
32 subject, however, at all times to be corrected by the court;
33 and the prevailing party shall be considered as having
34 recovered judgment for the amount of the costs so taxed in
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1 his or her favor, and the same shall be included in the
2 certified copy of such judgment, and a bill thereof
3 accompanying certified copy of the judgment. If any clerk
4 shall issue a fee bill or a bill of costs, with the certified
5 copy of the judgment without first entering the same in the
6 fee book, or if any such bill of costs or fee bill shall be
7 issued which shall not be in substance a copy of the recorded
8 bill, the same shall be void. Any person having paid such
9 bill of costs or fee bill, may recover from the clerk the
10 amount thereof, with costs of the action, in any circuit
11 court.
12 6. Such other books of record and entry as are provided
13 by law, or may be required in the proper performance of their
14 duties. All records, dockets and books required by law to be
15 kept by such clerks shall be deemed public records, and shall
16 at all times be open to inspection without fee or reward, and
17 all persons shall have free access for inspection and
18 examination to such records, docket and books, and also to
19 all papers on file in the different clerks' offices and shall
20 have the right to take memoranda and abstracts thereto.
21 7. Such other records maintained on an electronic
22 database or platform containing abbreviated forms of entries
23 on an electronic database or platform of the proceedings,
24 orders, judgments, or fees in any action of the circuit
25 court, which abbreviated forms are so prescribed, have the
26 same force and effect as if the proceedings, orders,
27 judgments, and fees were entered in full on the records of
28 the court in the form and manner set forth in this Section
29 16.
30 When a judicial circuit or county within a judicial
31 circuit has been automated, the keeping of a manual record in
32 the format provided in paragraph 1, 2, 3, 4, 5, and 6 of this
33 Section is not required. Electronic records may be
34 transferred to optical disk, digital storage media,
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1 microfilm, or microfiche for archival purposes.
2 (Source: P.A. 85-1156.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.