Bill Text: IL HB4387 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Clerks of Courts Act. Makes a technical change in a Section concerning fees in counties of 3,000,000 or more.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4387 Detail]
Download: Illinois-2011-HB4387-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Clerks of Courts Act is amended by changing | |||||||||||||||||||
5 | Section 27.2a as follows:
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6 | (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
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7 | Sec. 27.2a. The
The fees of the clerks of the circuit court | |||||||||||||||||||
8 | in all
counties having a population of 3,000,000 or more | |||||||||||||||||||
9 | inhabitants in the
instances described in this Section shall be | |||||||||||||||||||
10 | as provided in this
Section. In those instances where a minimum | |||||||||||||||||||
11 | and maximum fee is stated, the
clerk of the circuit court must | |||||||||||||||||||
12 | charge the minimum fee listed
and may charge up to the maximum | |||||||||||||||||||
13 | fee if the county board has by resolution
increased the fee. | |||||||||||||||||||
14 | The fees shall be paid in advance and shall be as follows: | |||||||||||||||||||
15 | (a) Civil Cases.
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16 | The fee for filing a complaint, petition, or other | |||||||||||||||||||
17 | pleading
initiating a civil action, with the following | |||||||||||||||||||
18 | exceptions, shall be a minimum
of $190 and a maximum of | |||||||||||||||||||
19 | $240.
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20 | (A) When the amount of money or damages or the | |||||||||||||||||||
21 | value of personal
property claimed does not exceed | |||||||||||||||||||
22 | $250, a minimum of $15 and a maximum of
$22.
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23 | (B) When that amount exceeds $250 but does not |
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1 | exceed $1000, a minimum
of $40 and a maximum of $75.
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2 | (C) When that amount exceeds $1000 but does not | ||||||
3 | exceed $2500, a
minimum of $50 and a maximum of $80.
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4 | (D) When that amount exceeds $2500 but does not | ||||||
5 | exceed $5000, a
minimum of $100 and a maximum of $130.
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6 | (E) When that amount exceeds $5000 but does not | ||||||
7 | exceed $15,000, $150.
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8 | (F) For the exercise of eminent domain, $150. For | ||||||
9 | each additional
lot or tract of land or right or | ||||||
10 | interest therein subject to be condemned,
the damages | ||||||
11 | in respect to which shall require separate assessment | ||||||
12 | by a jury,
$150.
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13 | (G) For the final determination of parking, | ||||||
14 | standing, and compliance
violations and final | ||||||
15 | administrative decisions issued after hearings | ||||||
16 | regarding
vehicle immobilization and impoundment made | ||||||
17 | pursuant to Sections 3-704.1,
6-306.5, and 11-208.3 of | ||||||
18 | the Illinois Vehicle Code, $25.
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19 | (H) No fees shall be charged by the clerk to a | ||||||
20 | petitioner in any
order
of
protection including, but | ||||||
21 | not limited to, filing, modifying, withdrawing,
| ||||||
22 | certifying, or
photocopying petitions for orders of | ||||||
23 | protection, or for issuing alias summons,
or for any
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24 | related filing service, certifying, modifying, | ||||||
25 | vacating, or
photocopying any
orders of protection.
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26 | (b) Forcible Entry and Detainer.
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1 | In each forcible entry and detainer case when the | ||||||
2 | plaintiff seeks
possession only or unites with his or her | ||||||
3 | claim for possession of the property
a claim for rent or | ||||||
4 | damages or both in the amount of $15,000 or less, a
minimum | ||||||
5 | of $75 and a maximum of $140.
When the plaintiff unites his | ||||||
6 | or her claim for possession with a claim for
rent or | ||||||
7 | damages or both exceeding $15,000, a minimum of $225 and a
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8 | maximum of
$335.
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9 | (c) Counterclaim or Joining Third Party Defendant.
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10 | When any defendant files a counterclaim as part of his | ||||||
11 | or her answer or
otherwise or joins another party as a | ||||||
12 | third party defendant, or both, the
defendant shall pay a | ||||||
13 | fee for each counterclaim or third party action in an
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14 | amount equal to the fee he or she would have had to pay had | ||||||
15 | he or she
brought a separate action for the relief sought | ||||||
16 | in the counterclaim or
against the third party defendant, | ||||||
17 | less the amount of the appearance fee,
if that has been | ||||||
18 | paid.
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19 | (d) Confession of Judgment.
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20 | In a confession of judgment when the amount does not | ||||||
21 | exceed $1500, a
minimum of $60 and a maximum of $70.
When | ||||||
22 | the amount exceeds $1500, but does not exceed $5000, a | ||||||
23 | minimum of $75
and a maximum of $150.
When the
amount | ||||||
24 | exceeds $5000, but does not exceed $15,000, a minimum of | ||||||
25 | $175 and
a
maximum of $260. When the
amount
exceeds | ||||||
26 | $15,000, a minimum of $250 and a maximum of $310.
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1 | (e) Appearance.
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2 | The fee for filing an appearance in each civil case | ||||||
3 | shall be a minimum
of
$75 and a maximum of $110,
except as | ||||||
4 | follows:
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5 | (A) When the plaintiff in a forcible entry and | ||||||
6 | detainer case seeks
possession only, a minimum of $40 | ||||||
7 | and a maximum of $80.
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8 | (B) When the amount in the case does not exceed | ||||||
9 | $1500, a minimum of
$40 and a maximum of $80.
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10 | (C) When that amount exceeds $1500 but does not | ||||||
11 | exceed $15,000, a
minimum of $60 and a maximum of $90.
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12 | (f) Garnishment, Wage Deduction, and Citation.
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13 | In garnishment affidavit, wage deduction affidavit, | ||||||
14 | and citation
petition when the amount does not exceed | ||||||
15 | $1,000, a minimum of $15 and a
maximum of $25; when the
| ||||||
16 | amount
exceeds $1,000 but does not exceed $5,000, a minimum | ||||||
17 | of $30 and a maximum
of
$45; and when the amount
exceeds
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18 | $5,000, a minimum of $50 and a maximum of $80.
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19 | (g) Petition to Vacate
or Modify.
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20 | (1) Petition to vacate
or modify any final judgment or | ||||||
21 | order of court,
except in forcible entry and detainer cases | ||||||
22 | and small claims cases or a
petition to reopen an estate, | ||||||
23 | to modify, terminate, or enforce a
judgment or order for | ||||||
24 | child or spousal support, or to modify, suspend, or
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25 | terminate an order for withholding, if filed before 30 days | ||||||
26 | after the entry
of the judgment or order, a minimum of $50 |
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1 | and a maximum of $60.
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2 | (2) Petition to vacate
or modify any final judgment
or | ||||||
3 | order of court, except a petition to modify, terminate, or | ||||||
4 | enforce a
judgment or order for child or spousal support or | ||||||
5 | to modify, suspend, or
terminate an order for withholding, | ||||||
6 | if filed later than 30 days
after the entry of the judgment | ||||||
7 | or order, a minimum of $75 and a maximum
of
$90.
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8 | (3) Petition to vacate order of bond forfeiture, a | ||||||
9 | minimum of $40
and a
maximum of $80.
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10 | (h) Mailing.
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11 | When the clerk is required to mail, the fee will be a | ||||||
12 | minimum of $10
and
a maximum of $15,
plus the cost of | ||||||
13 | postage.
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14 | (i) Certified Copies.
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15 | Each certified copy of a judgment after the first, | ||||||
16 | except in small
claims and forcible entry and detainer | ||||||
17 | cases, a minimum of $15 and a
maximum
of $20.
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18 | (j) Habeas Corpus.
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19 | For filing a petition for relief by habeas corpus, a | ||||||
20 | minimum of $125
and
a maximum of $190.
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21 | (k) Certification, Authentication, and Reproduction.
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22 | (1) Each certification or authentication for taking | ||||||
23 | the acknowledgment
of a deed or other instrument in writing | ||||||
24 | with the seal of office, a minimum
of $6 and a maximum of | ||||||
25 | $9.
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26 | (2) Court appeals when original documents are |
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1 | forwarded, under 100 pages,
plus delivery and costs, a | ||||||
2 | minimum of $75 and a maximum of $110.
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3 | (3) Court appeals when original documents are | ||||||
4 | forwarded, over 100 pages,
plus delivery and costs, a | ||||||
5 | minimum of $150 and a maximum of $185.
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6 | (4) Court appeals when original documents are | ||||||
7 | forwarded, over 200
pages, an additional fee of a minimum | ||||||
8 | of 25 and a maximum of 30 cents
per
page.
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9 | (5) For reproduction of any document contained in the | ||||||
10 | clerk's files:
| ||||||
11 | (A) First page, $2.
| ||||||
12 | (B) Next 19 pages, 50 cents per page.
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13 | (C) All remaining pages, 25 cents per page.
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14 | (l) Remands.
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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 case | ||||||
18 | with either its original number or a new
number. The Clerk
| ||||||
19 | shall not charge any new or additional fee for the | ||||||
20 | reinstatement. Upon
reinstatement the Clerk shall advise | ||||||
21 | the parties of the reinstatement. A
party shall have the | ||||||
22 | same right to a jury trial on remand and reinstatement
as | ||||||
23 | he or she had before the appeal, and no additional or new | ||||||
24 | fee or charge
shall be made for a jury trial after remand.
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25 | (m) Record Search.
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26 | For each record search, within a division or municipal |
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1 | district, the
clerk shall be entitled to a search fee of a | ||||||
2 | minimum of $6 and a maximum
of
$9 for each year
searched.
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3 | (n) Hard Copy.
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4 | For each page of hard copy print output, when case | ||||||
5 | records are
maintained on an automated medium, the clerk | ||||||
6 | shall be entitled to a fee of
a minimum of $6 and a maximum | ||||||
7 | of $9.
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8 | (o) Index Inquiry and Other Records.
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9 | No fee shall be charged for a single | ||||||
10 | plaintiff/defendant index inquiry
or single case record | ||||||
11 | inquiry when this request is made in person and the
records | ||||||
12 | are maintained in a current automated medium, and when no | ||||||
13 | hard copy
print output is requested. The fees to be charged | ||||||
14 | for management records,
multiple case records, and | ||||||
15 | multiple journal records may be specified by the
Chief | ||||||
16 | Judge pursuant to the guidelines for access and | ||||||
17 | dissemination of
information approved by the Supreme | ||||||
18 | Court.
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19 | (p) (Blank).
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20 | (q) Alias Summons.
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21 | For each alias summons or citation issued by the clerk, | ||||||
22 | a minimum of $5
and a maximum of $6.
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23 | (r) Other Fees.
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24 | Any fees not covered in this Section shall be set by | ||||||
25 | rule or
administrative order of the Circuit Court with the | ||||||
26 | approval of the
Administrative Office of the Illinois |
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1 | Courts.
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2 | The clerk of the circuit court may provide additional | ||||||
3 | services for
which there is no fee specified by statute in | ||||||
4 | connection with the operation
of the clerk's office as may | ||||||
5 | be requested by the public and agreed to by
the clerk and | ||||||
6 | approved by the chief judge of the circuit court. Any
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7 | charges for additional services shall be as agreed to
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8 | between the clerk and the party making the request and | ||||||
9 | approved by the
chief judge of the circuit court. Nothing | ||||||
10 | in this
subsection shall be construed to require any clerk | ||||||
11 | to provide any service
not otherwise required by law.
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12 | (s) Jury Services.
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13 | The clerk shall be entitled to receive, in
addition to | ||||||
14 | other fees allowed by law, the sum of a minimum of $212.50
| ||||||
15 | and
maximum of $230, as a
fee for the
services of a jury in | ||||||
16 | every civil action not quasi-criminal in its
nature and not | ||||||
17 | a proceeding for the exercise of the right of eminent
| ||||||
18 | domain and in every other action wherein the right of trial | ||||||
19 | by jury
is or may be given by law. The jury fee shall be | ||||||
20 | paid by the party
demanding a jury at the time of filing | ||||||
21 | the jury demand. If the fee is
not paid by either party, no | ||||||
22 | jury shall be called in the action or
proceeding, and the | ||||||
23 | same shall be tried by the court without a jury.
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24 | (t) Voluntary Assignment.
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25 | For filing each deed of voluntary assignment, a minimum | ||||||
26 | of $20 and a
maximum of $40; for
recording
the same, a |
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1 | minimum of 50¢ and a maximum of $0.80 for each 100 words.
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2 | Exceptions filed to claims
presented
to an assignee of a | ||||||
3 | debtor who has made a voluntary assignment for the
benefit | ||||||
4 | of creditors shall be considered and treated, for the | ||||||
5 | purpose of
taxing costs therein, as actions in which the | ||||||
6 | party or parties filing
the exceptions shall be considered | ||||||
7 | as party or parties plaintiff, and
the claimant or | ||||||
8 | claimants as party or parties defendant, and those
parties | ||||||
9 | respectively shall pay to the clerk the same fees
as | ||||||
10 | provided by this Section to be paid in other actions.
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11 | (u) Expungement Petition.
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12 | The clerk shall be entitled to receive a fee of a | ||||||
13 | minimum of $60 and
a
maximum of $120 for each
expungement | ||||||
14 | petition filed and an additional fee of a minimum of $4 and | ||||||
15 | a
maximum of $8 for each
certified
copy of an order to | ||||||
16 | expunge arrest records.
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17 | (v) Probate.
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18 | The clerk is entitled to receive the fees
specified in | ||||||
19 | this subsection (v), which shall be paid in advance,
except | ||||||
20 | that, for good cause shown, the court may suspend, reduce, | ||||||
21 | or
release the costs payable under this subsection:
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22 | (1) For administration of the estate of a decedent | ||||||
23 | (whether testate
or intestate) or of a missing person, a | ||||||
24 | minimum of $150 and a maximum of
$225, plus the fees
| ||||||
25 | specified in
subsection (v)(3), except:
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26 | (A) When the value of the real and personal |
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1 | property does not exceed
$15,000, the fee shall be a | ||||||
2 | minimum of $40 and a maximum of $65.
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3 | (B) When (i) proof of heirship alone is made, (ii) | ||||||
4 | a domestic or
foreign will is admitted to probate | ||||||
5 | without administration (including
proof of heirship), | ||||||
6 | or (iii) letters of office are issued for a particular
| ||||||
7 | purpose without administration of the estate, the fee | ||||||
8 | shall be a minimum of
$40 and a maximum of $65.
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9 | (2) For administration of the estate of a ward, a | ||||||
10 | minimum of $75 and
a
maximum of $110,
plus the fees | ||||||
11 | specified in subsection (v)(3), except:
| ||||||
12 | (A) When the value of the real and personal | ||||||
13 | property does not exceed
$15,000, the fee shall be a | ||||||
14 | minimum of $40 and a maximum of $65.
| ||||||
15 | (B) When (i) letters of office are issued to a | ||||||
16 | guardian of the person
or persons,
but not of the | ||||||
17 | estate or (ii) letters of office are issued in the | ||||||
18 | estate of
a ward without administration of the estate, | ||||||
19 | including filing or joining in
the filing of a tax | ||||||
20 | return or releasing a mortgage or consenting to the
| ||||||
21 | marriage of the ward, the fee shall be a minimum of $20 | ||||||
22 | and a maximum of
$40.
| ||||||
23 | (3) In addition to the fees payable under subsection | ||||||
24 | (v)(1) or
(v)(2) of this Section, the following fees are | ||||||
25 | payable:
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26 | (A) For each account (other than one final account) |
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1 | filed in the
estate of a decedent, or ward, a minimum | ||||||
2 | of $25 and a maximum of $40.
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3 | (B) For filing a claim in an estate when the amount | ||||||
4 | claimed is $150
or more but less than $500, a minimum | ||||||
5 | of $20 and a maximum of $40; when
the
amount claimed is | ||||||
6 | $500 or
more but less than $10,000, a minimum of $40 | ||||||
7 | and a maximum of $65; when
the
amount claimed is | ||||||
8 | $10,000
or more,
a minimum of $60 and a maximum of $90; | ||||||
9 | provided that the court in
allowing
a claim may add to | ||||||
10 | the
amount allowed
the filing fee paid by the claimant.
| ||||||
11 | (C) For filing in an estate a claim, petition, or | ||||||
12 | supplemental
proceeding based upon an action seeking | ||||||
13 | equitable relief including the
construction or contest | ||||||
14 | of a will, enforcement of a contract to make a
will, | ||||||
15 | and proceedings involving testamentary trusts or the | ||||||
16 | appointment of
testamentary trustees, a minimum of $60 | ||||||
17 | and a maximum of $90.
| ||||||
18 | (D) For filing in an estate (i) the appearance of | ||||||
19 | any person for the
purpose of consent or (ii) the | ||||||
20 | appearance of an executor, administrator,
| ||||||
21 | administrator to collect, guardian, guardian ad litem, | ||||||
22 | or special
administrator, no fee.
| ||||||
23 | (E) Except as provided in subsection (v)(3)(D), | ||||||
24 | for filing the
appearance of any person or persons, a | ||||||
25 | minimum of $30 and a maximum of
$90.
| ||||||
26 | (F) For each jury demand, a minimum of $137.50 and |
| |||||||
| |||||||
1 | a maximum of
$180.
| ||||||
2 | (G) For disposition of the collection of a judgment | ||||||
3 | or settlement of
an action or claim for wrongful death | ||||||
4 | of a decedent or of any cause of
action of a ward, when | ||||||
5 | there is no other administration
of the estate, a | ||||||
6 | minimum of $50 and a maximum of $80, less any amount
| ||||||
7 | paid
under subsection (v)(1)(B)
or (v)(2)(B) except | ||||||
8 | that if the amount involved does not exceed
$5,000, the | ||||||
9 | fee, including any amount paid under subsection
| ||||||
10 | (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a | ||||||
11 | maximum of $40.
| ||||||
12 | (H) For each certified copy of letters of office, | ||||||
13 | of court order or
other certification, a minimum of $2 | ||||||
14 | and a maximum of $4, plus $1 per
page
in excess
of 3 | ||||||
15 | pages for the document certified.
| ||||||
16 | (I) For each exemplification, $2, plus the fee for | ||||||
17 | certification.
| ||||||
18 | (4) The executor, administrator, guardian, petitioner,
| ||||||
19 | or other interested person or his or her attorney shall pay | ||||||
20 | the cost of
publication by the clerk directly to the | ||||||
21 | newspaper.
| ||||||
22 | (5) The person on whose behalf a charge is incurred for | ||||||
23 | witness,
court reporter, appraiser, or other miscellaneous | ||||||
24 | fee shall pay the same
directly to the person entitled | ||||||
25 | thereto.
| ||||||
26 | (6) The executor, administrator, guardian, petitioner, |
| |||||||
| |||||||
1 | or other
interested person or his or her attorney shall pay | ||||||
2 | to the clerk all postage
charges incurred by the clerk in | ||||||
3 | mailing petitions, orders, notices, or
other documents | ||||||
4 | pursuant to the provisions of the Probate Act of 1975.
| ||||||
5 | (w) Criminal and Quasi-Criminal Costs and Fees.
| ||||||
6 | (1) The clerk shall be entitled to costs in all | ||||||
7 | criminal
and quasi-criminal cases from each person | ||||||
8 | convicted or sentenced to
supervision therein as follows:
| ||||||
9 | (A) Felony complaints, a minimum of $125 and a | ||||||
10 | maximum of $190.
| ||||||
11 | (B) Misdemeanor complaints, a minimum of $75 and a | ||||||
12 | maximum of
$110.
| ||||||
13 | (C) Business offense complaints, a minimum of $75 | ||||||
14 | and a maximum of
$110.
| ||||||
15 | (D) Petty offense complaints, a minimum of $75 and | ||||||
16 | a maximum of
$110.
| ||||||
17 | (E) Minor traffic or ordinance violations, $30.
| ||||||
18 | (F) When court appearance required, $50.
| ||||||
19 | (G) Motions to vacate or amend final orders, a | ||||||
20 | minimum of $40 and
a
maximum of $80.
| ||||||
21 | (H) Motions to vacate bond forfeiture orders, a | ||||||
22 | minimum of $30 and
a
maximum of $45.
| ||||||
23 | (I) Motions to vacate ex parte judgments, whenever | ||||||
24 | filed, a minimum
of
$30 and a maximum of $45.
| ||||||
25 | (J) Motions to vacate judgment on forfeitures, | ||||||
26 | whenever filed, a
minimum of $25 and a maximum of $30.
|
| |||||||
| |||||||
1 | (K) Motions to vacate "failure to appear" or | ||||||
2 | "failure to comply"
notices sent to the Secretary of | ||||||
3 | State, a minimum of $40 and a maximum of
$50.
| ||||||
4 | (2) In counties having a population of 3,000,000 or | ||||||
5 | more,
when the violation complaint is issued by a municipal
| ||||||
6 | police department, the clerk shall be entitled to costs | ||||||
7 | from each person
convicted therein as follows:
| ||||||
8 | (A) Minor traffic or ordinance violations, $30.
| ||||||
9 | (B) When court appearance required, $50.
| ||||||
10 | (3) In ordinance violation cases punishable by fine | ||||||
11 | only, the clerk
of the circuit court shall be entitled to | ||||||
12 | receive, unless the fee is
excused upon a finding by the | ||||||
13 | court that the defendant is indigent, in
addition to other | ||||||
14 | fees or costs allowed or imposed by law, the sum of a
| ||||||
15 | minimum of
$112.50 and a maximum of $250
as a fee for the | ||||||
16 | services of a jury. The jury fee shall be paid by the
| ||||||
17 | defendant at the time of filing his or her jury demand. If | ||||||
18 | the fee is not
so paid by the defendant, no jury shall be | ||||||
19 | called, and the case shall be
tried by the court without a | ||||||
20 | jury.
| ||||||
21 | (x) Transcripts of Judgment.
| ||||||
22 | For the filing of a transcript of judgment, the clerk | ||||||
23 | shall be entitled
to the same fee as if it were the | ||||||
24 | commencement of a new suit.
| ||||||
25 | (y) Change of Venue.
| ||||||
26 | (1) For the filing of a change of case on a change of |
| |||||||
| |||||||
1 | venue, the clerk
shall be entitled to the same fee as if it | ||||||
2 | were the commencement of a new suit.
| ||||||
3 | (2) The fee for the preparation and certification of a | ||||||
4 | record on a
change of venue to another jurisdiction, when | ||||||
5 | original documents are
forwarded, a minimum of $40 and a | ||||||
6 | maximum of $65.
| ||||||
7 | (z) Tax objection complaints.
| ||||||
8 | For each tax objection complaint containing one or more | ||||||
9 | tax
objections, regardless of the number of parcels | ||||||
10 | involved or the number of
taxpayers joining in the | ||||||
11 | complaint, a minimum of $50 and a maximum of
$100.
| ||||||
12 | (aa) Tax Deeds.
| ||||||
13 | (1) Petition for tax deed, if only one parcel is | ||||||
14 | involved, a minimum
of
$250 and a maximum of $400.
| ||||||
15 | (2) For each additional parcel, add a fee of a minimum | ||||||
16 | of $100 and a
maximum of $200.
| ||||||
17 | (bb) Collections.
| ||||||
18 | (1) For all collections made of others, except the | ||||||
19 | State and county
and except in maintenance or child support | ||||||
20 | cases, a sum equal to 3.0% of
the amount collected and | ||||||
21 | turned over.
| ||||||
22 | (2) Interest earned on any funds held by the clerk | ||||||
23 | shall be turned
over to the county general fund as an | ||||||
24 | earning of the office.
| ||||||
25 | (3) For any check, draft, or other bank instrument | ||||||
26 | returned to the
clerk for non-sufficient funds, account |
| |||||||
| |||||||
1 | closed, or payment stopped, $25.
| ||||||
2 | (4) In child support and maintenance cases, the clerk, | ||||||
3 | if authorized by an
ordinance of the county board, may | ||||||
4 | collect an annual fee of up to $36 from
the person making | ||||||
5 | payment for maintaining child support records and the
| ||||||
6 | processing of support orders to the State of Illinois KIDS | ||||||
7 | system and the
recording of payments issued by the State | ||||||
8 | Disbursement Unit for the official
record of the Court. | ||||||
9 | This fee shall be in addition
to and separate from amounts | ||||||
10 | ordered to be paid as maintenance or child
support and | ||||||
11 | shall be deposited into a Separate Maintenance and Child | ||||||
12 | Support
Collection Fund, of which the clerk shall be the | ||||||
13 | custodian, ex-officio, to
be used by the clerk to maintain | ||||||
14 | child support orders and record all payments
issued by the | ||||||
15 | State Disbursement Unit for the official record of the | ||||||
16 | Court.
The clerk may recover from the person making the | ||||||
17 | maintenance or child
support payment any additional cost | ||||||
18 | incurred in the collection of 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 Law | ||||||
22 | and these fees shall also be deposited into the
Separate | ||||||
23 | 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 |
| |||||||
| |||||||
1 | rule of court, on any document filed
in the clerk's office, | ||||||
2 | to be charged against the party that filed the document,
a | ||||||
3 | minimum of $25 and a maximum of $40.
| ||||||
4 | (dd) Exceptions.
| ||||||
5 | (1) The fee requirements of this Section shall not | ||||||
6 | apply to police
departments or other law enforcement | ||||||
7 | agencies. In this Section, "law
enforcement agency" means | ||||||
8 | an agency of the State or a unit of local
government which | ||||||
9 | is vested by law or ordinance with the duty to maintain
| ||||||
10 | public order and to enforce criminal laws or ordinances. | ||||||
11 | "Law enforcement
agency" also means the Attorney General or | ||||||
12 | any state's attorney.
| ||||||
13 | (2) No fee provided herein shall be charged to any unit | ||||||
14 | of
local government or school district.
The fee | ||||||
15 | requirements of this Section shall not apply to any action | ||||||
16 | instituted
under subsection (b) of Section 11-31-1 of the | ||||||
17 | Illinois Municipal Code by a
private owner or tenant of | ||||||
18 | real property within 1200 feet of a dangerous or
unsafe | ||||||
19 | building seeking an order compelling the owner or owners of | ||||||
20 | the building
to take any of the actions authorized under | ||||||
21 | that subsection.
| ||||||
22 | (3) The fee requirements of this Section shall not | ||||||
23 | apply to the filing
of any
commitment petition or petition | ||||||
24 | for an order authorizing the administration of | ||||||
25 | psychotropic medication or electroconvulsive therapy
under | ||||||
26 | the Mental Health and
Developmental Disabilities Code.
|
| |||||||
| |||||||
1 | (ee) Adoption.
| ||||||
2 | (1) For an adoption ...............................$65
| ||||||
3 | (2) Upon good cause shown, the court may waive the | ||||||
4 | adoption filing fee
in a special needs adoption. The term | ||||||
5 | "special needs adoption" shall have
the meaning ascribed to | ||||||
6 | it by the Illinois Department of Children and Family
| ||||||
7 | Services.
| ||||||
8 | (ff) Adoption exemptions.
| ||||||
9 | No fee other than that set forth in subsection (ee) | ||||||
10 | shall be charged to
any person in connection with an | ||||||
11 | adoption proceeding
nor may any fee be
charged for | ||||||
12 | proceedings for
the appointment of a confidential | ||||||
13 | intermediary under the Adoption Act.
| ||||||
14 | (gg) Unpaid fees.
| ||||||
15 | Unless a court ordered payment schedule is implemented | ||||||
16 | or the fee
requirements of this Section are waived pursuant | ||||||
17 | to court order, the clerk of
the court may add to any | ||||||
18 | unpaid fees and costs under this Section a delinquency
| ||||||
19 | amount equal to 5% of the unpaid fees that remain unpaid | ||||||
20 | after 30 days, 10% of
the unpaid fees that remain unpaid | ||||||
21 | after 60 days, and 15% of the unpaid fees
that remain | ||||||
22 | unpaid after 90 days. Notice to those parties may be made | ||||||
23 | by
signage posting or publication. The additional | ||||||
24 | delinquency amounts collected under this Section shall
be | ||||||
25 | used to defray additional administrative costs incurred by | ||||||
26 | the clerk of the
circuit court in collecting unpaid fees |
| |||||||
| |||||||
1 | and costs.
| ||||||
2 | (Source: P.A. 95-172, eff. 8-14-07.)
|