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(Source: P.A. 83‑346
.) 705 ILCS 105/26
(705 ILCS 105/26) (from Ch. 25, par. 26)
Sec. 26.
The judgment docket shall have an alphabetical index kept by the
clerk, both direct and indirect ‑ the direct memorandum in the index shall show
the name of the claimant, the name of the estate, and the page upon which
the claim will be found; the indirect memorandum in the index shall merely
be the name of the estate, opposite which shall be set down the various
pages upon which judgments are entered, either against or for the estate.
This section is subject to the provisions of "The Local Records Act",
approved August 18, 1961, as amended.
(Source: P.A. 83‑346.) 705 ILCS 105/27.1
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1.
(Repealed).
(Source: P.A. 93‑385, eff. 7‑25‑03; 93‑573, eff. 8‑21‑03. Repealed by P.A.
93‑39, eff. 7‑1‑03.) 705 ILCS 105/27.10
(705 ILCS 105/27.10)
Sec. 27.10.
Secretary of Financial and Professional Regulation.
Each clerk of the circuit court shall provide to the Secretary of Financial and Professional Regulation such information as the Secretary of Financial and Professional Regulation requests under Section 155.19 of the Illinois Insurance Code.
(Source: P.A. 94‑677, eff. 8‑25‑05.)705 ILCS 105/27.1a
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
(Text of Section from P.A. 93‑39)
Sec. 27.1a.
The fees of the clerks of the circuit court in all
counties having a population of not more than
500,000 inhabitants in the instances described in this Section
shall be as provided in this Section.
In those instances where a minimum and maximum fee is stated, the clerk of
the circuit court must charge the minimum fee listed and may charge up to the
maximum fee if the county board has by resolution increased the fee.
The fees shall be paid in advance and
shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following exceptions, shall be a minimum of $40 and a maximum of $160.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, a minimum of $10 and a maximum of $20.
(C) When that amount exceeds $500 but does not
exceed $2500, a minimum of $25 and a maximum of $40.
(D) When that amount exceeds $2500 but does not
exceed $15,000, a minimum of $25 and a maximum of $75.
(E) For the exercise of eminent domain, a
minimum of $45 and a maximum of $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, a minimum of $45 and a maximum of $150.
(a‑1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $10 and a maximum of $50. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $40 and a maximum of $160.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $20 and a maximum of $50. When the amount exceeds $1500, but does not exceed $15,000, a minimum of $40 and a maximum of $115. When the amount exceeds $15,000, a minimum of $40 and a maximum of $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $15 and a maximum of $60, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of $10 and a maximum of $50.
(B) When the amount in the case does not exceed
$1500, a minimum of $10 and a maximum of $30.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $15 and a maximum of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed $1,000, a minimum of $5 and a maximum of $15; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $5 and a maximum of $30; and when the amount exceeds $5,000, a minimum of $5 and a maximum of $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $20 and a maximum of $50.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $20 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $10 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $2 and a maximum of $10, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer cases, a minimum of $2 and a maximum of $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $60 and a maximum of $100.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $2 and a maximum of $6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a minimum of $20 and a maximum of $60.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a minimum of $50 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum of 20 cents and a maximum of 25 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, a minimum of $1 and a maximum of
$2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, a minimum of $25 and a maximum of $50.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $2 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of $62.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $10 and a maximum of $20; for recording the same, a minimum of 25 cents and a maximum of 50 cents for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $15 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a minimum of $50 and a maximum of $150, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $10 and a maximum of $40.
(C) For filing a petition to sell Real Estate,
$50.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20.
(C) For filing a Petition to sell Real Estate,
$50.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward, a minimum of $10 and a maximum of $25.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $25; when the amount claimed is $500 or more but less than $10,000, a minimum of $10 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $10 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $62.50
and a maximum of $137.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20.
(H) For each certified copy of letters of
office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50 cents and a maximum of $1 per page in excess of 3 pages for the document certified.
(I) For each exemplification, a minimum of $1
and a maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $40 and a
maximum of $100.
(B) Misdemeanor complaints, a minimum of $25 and
a maximum of $75.
(C) Business offense complaints, a minimum of
$25 and a maximum of $75.
(D) Petty offense complaints, a minimum of $25
and a maximum of $75.
(E) Minor traffic or ordinance violations, $10.
(F) When court appearance required, $15.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $40.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $20 and a maximum of $40.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $40.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of not more than
500,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $62.50 and a maximum of $137.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(2) The fee for the preparation and certification of
a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $10 and a maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, a minimum of $10 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $45 and a maximum of $200.
(2) For each additional parcel, add a fee of a
minimum of $10 and a maximum of $60.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support cases, a sum equal to a minimum of 2% and a maximum of 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $10 and a maximum of $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption
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$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an adoption proceeding.
(Source: P.A. 92‑16, eff. 6‑28‑01; 92‑521, eff. 6‑1‑02; 93‑39, eff.
7‑1‑03.)
(Text of Section from P.A. 93‑385)
Sec. 27.1a.
The fees of the clerks of the circuit court in all
counties having a population in excess of 180,000 but not more than
500,000 inhabitants in the instances described in this Section
shall be as provided in this Section. The fees shall be paid in advance and
shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does not
exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150.
(a‑1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not exceed
$1500, $20.
(C) When that amount exceeds $1500 but does not
exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50,
plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population in excess of
180,000 but not more than 500,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(2) The fee for the preparation and certification of
a record on a change of venue to another jurisdiction, when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption
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(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an adoption proceeding nor may any fee be charged for proceedings for the appointment of a confidential intermediary under the Adoption Act.
(Source: P.A. 91‑321, eff. 1‑1‑00; 91‑612, eff. 10‑1‑99; 92‑16, eff.
6‑28‑01; 92‑521, eff. 6‑1‑02; 93‑385, eff. 7‑25‑03.)
(Text of Section from P.A. 93‑573)
Sec. 27.1a.
The fees of the clerks of the circuit court in all
counties having a population in excess of 180,000 but not more than
500,000 inhabitants in the instances described in this Section
shall be as provided in this Section. The fees shall be paid in advance and
shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does not
exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150.
(a‑1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not exceed
$1500, $20.
(C) When that amount exceeds $1500 but does not
exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50,
plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, $10.
(F) For each jury demand, $102.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population in excess of
180,000 but not more than 500,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(2) The fee for the preparation and certification of
a record on a change of venue to another jurisdiction, when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
(4) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code.
(ee) Adoptions.
(1) For an adoption
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$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an adoption proceeding.
(Source: P.A. 91‑321, eff. 1‑1‑00; 91‑612, eff. 10‑1‑99; 92‑16, eff.
6‑28‑01; 92‑521, eff. 6‑1‑02; 93‑573, eff. 8‑21‑03.) 705 ILCS 105/27.2
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2.
The fees of the clerks of the circuit court in all
counties having a population in excess of 500,000 inhabitants
but less than 3,000,000 inhabitants in the instances described in this Section
shall be as provided in this Section.
In those instances where a minimum and maximum fee is stated, counties with
more than 500,000 inhabitants but less than 3,000,000 inhabitants must charge
the minimum fee listed in this Section and may charge up to the maximum fee if
the county board has by resolution increased the fee.
In addition, the minimum fees authorized in this
Section shall apply to all units of local government and school districts
in counties with more than 3,000,000 inhabitants. The fees shall be paid
in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following exceptions, shall be a minimum of $150 and a maximum of $190.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed $250, a minimum of $10 and a maximum of $15.
(B) When that amount exceeds $250 but does not
exceed $1,000, a minimum of $20 and a maximum of $40.
(C) When that amount exceeds $1,000 but does not
exceed $2500, a minimum of $30 and a maximum of $50.
(D) When that amount exceeds $2500 but does not
exceed $5,000, a minimum of $75 and a maximum of $100.
(D‑5) When the amount exceeds $5,000 but does
not exceed $15,000, a minimum of $75 and a maximum of $150.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150.
(F) No fees shall be charged by the clerk to a
petitioner in any order of protection including, but not limited to, filing, modifying, withdrawing, certifying, or photocopying petitions for orders of protection, or for issuing alias summons, or for any related filing service, certifying, modifying, vacating, or photocopying any orders of protection.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $40 and a maximum of $75. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $150 and a maximum of $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $50 and a maximum of $60. When the amount exceeds $1500, but does not exceed $5,000, $75. When the amount exceeds $5,000, but does not exceed $15,000, $175. When the amount exceeds $15,000, a minimum of $200 and a maximum of $250.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $50 and a maximum of $75, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of $20 and a maximum of $40.
(B) When the amount in the case does not exceed
$1500, a minimum of $20 and a maximum of $40.
(C) When the amount in the case exceeds $1500
but does not exceed $15,000, a minimum of $40 and a maximum of $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed $1,000, a minimum of $10 and a maximum of $15; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $20 and a maximum of $30; and when the amount exceeds $5,000, a minimum of $30 and a maximum of $50.
(g) Petition to Vacate
or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $40 and a maximum of $50.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $60 and a maximum of $75.
(3) Petition to vacate order of bond forfeiture, a
minimum of $20 and a maximum of $40.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $6 and a maximum of $10, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer cases, a minimum of $10 and a maximum of $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $80 and a maximum of $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $4 and a maximum of $6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a minimum of $50 and a maximum of $75.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a minimum of $120 and a maximum of $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum of 20 and a maximum of 25 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $4 and a maximum of $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of $192.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $10 and a maximum of $20; for recording the same, a minimum of 25¢ and a maximum of 50¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $30 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a minimum of $100 and a maximum of $150, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $25 and a maximum of $40.
(2) For administration of the estate of a ward, a
minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward, a minimum of $15 and a maximum of $25.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $20; when the amount claimed is $500 or more but less than $10,000, a minimum of $25 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $40 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30.
(F) For each jury demand, a minimum of $102.50
and a maximum of $137.50.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20.
(H) For each certified copy of letters of
office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50¢ and a maximum of $1 per page in excess of 3 pages for the document certified.
(I) For each exemplification, a minimum of $1
and a maximum of $2, plus the fee for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $80 and a
maximum of $125.
(B) Misdemeanor complaints, a minimum of $50 and
a maximum of $75.
(C) Business offense complaints, a minimum of
$50 and a maximum of $75.
(D) Petty offense complaints, a minimum of $50
and a maximum of $75.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, a
minimum of $20 and a maximum of $40.
(H) Motions to vacate bond forfeiture orders, a
minimum of $20 and a maximum of $30.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $20 and a maximum of $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $20 and a maximum of $25.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40.
(2) In counties having a population of more than
500,000 but fewer than 3,000,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $50 and a maximum of $112.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the commencement of new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(2) The fee for the preparation and certification of
a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $25 and a maximum of $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $25 and a maximum of $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $150 and a maximum of $250.
(2) For each additional parcel, add a fee of a
minimum of $50 and a maximum of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support cases, a sum equal to a minimum of 2.5% and a maximum of 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $15 and a maximum of $25.
(dd) Exceptions.
The fee requirements of this Section shall not apply
to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
The fee requirements of this Section shall not apply
to the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code.
(ee) Adoptions.
(1) For an adoption
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$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an adoption proceeding nor may any fee be charged for proceedings for the appointment of a confidential intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is
implemented or the fee requirements of this Section are waived pursuant to court order, the clerk of the court may add to any unpaid fees and costs under this Section a delinquency amount equal to 5% of the unpaid fees that remain unpaid after 30 days, 10% of the unpaid fees that remain unpaid after 60 days, and 15% of the unpaid fees that remain unpaid after 90 days. Notice to those parties may be made by signage posting or publication. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the circuit court in collecting unpaid fees and costs.
(Source: P.A. 92‑16, eff. 6‑28‑01; 92‑521, eff. 6‑1‑02; 93‑385, eff. 7‑25‑03; 93‑573, eff. 8‑21‑03; 93‑760, eff. 1‑1‑05.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a.
The fees of the clerks of the circuit court in all
counties having a population of 3,000,000 or more inhabitants in the
instances described in this Section shall be as provided in this
Section. In those instances where a minimum and maximum fee is stated, the
clerk of the circuit court must charge the minimum fee listed
and may charge up to the maximum fee if the county board has by resolution
increased the fee. The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following exceptions, shall be a minimum of $190 and a maximum of $240.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed $250, a minimum of $15 and a maximum of $22.
(B) When that amount exceeds $250 but does not
exceed $1000, a minimum of $40 and a maximum of $75.
(C) When that amount exceeds $1000 but does not
exceed $2500, a minimum of $50 and a maximum of $80.
(D) When that amount exceeds $2500 but does not
exceed $5000, a minimum of $100 and a maximum of $130.
(E) When that amount exceeds $5000 but does not
exceed $15,000, $150.
(F) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150.
(G) For the final determination of parking,
standing, and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made pursuant to Sections 3‑704.1, 6‑306.5, and 11‑208.3 of the Illinois Vehicle Code, $25.
(H) No fees shall be charged by the clerk to a
petitioner in any order of protection including, but not limited to, filing, modifying, withdrawing, certifying, or photocopying petitions for orders of protection, or for issuing alias summons, or for any related filing service, certifying, modifying, vacating, or photocopying any orders of protection.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $75 and a maximum of $140. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $225 and a maximum of $335.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, a minimum of $60 and a maximum of $70. When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a maximum of $150. When the amount exceeds $5000, but does not exceed $15,000, a minimum of $175 and a maximum of $260. When the amount exceeds $15,000, a minimum of $250 and a maximum of $310.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be a minimum of $75 and a maximum of $110, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, a minimum of $40 and a maximum of $80.
(B) When the amount in the case does not exceed
$1500, a minimum of $40 and a maximum of $80.
(C) When that amount exceeds $1500 but does not
exceed $15,000, a minimum of $60 and a maximum of $90.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed $1,000, a minimum of $15 and a maximum of $25; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $30 and a maximum of $45; and when the amount exceeds $5,000, a minimum of $50 and a maximum of $80.
(g) Petition to Vacate
or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $50 and a maximum of $60.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $75 and a maximum of $90.
(3) Petition to vacate order of bond forfeiture, a
minimum of $40 and a maximum of $80.
(h) Mailing.
When the clerk is required to mail, the fee will be
a minimum of $10 and a maximum of $15, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer cases, a minimum of $15 and a maximum of $20.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, a
minimum of $125 and a maximum of $190.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $6 and a maximum of $9.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, a minimum of $75 and a maximum of $110.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, a minimum of $150 and a maximum of $185.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of a minimum of 25 and a maximum of 30 cents per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a search fee of a minimum of $6 and a maximum of $9 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $6 and a maximum of $9.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court.
(p) (Blank).
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, a minimum of $5 and a maximum of $6.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of a minimum of $212.50 and maximum of $230, as a fee for the services of a jury in every civil action not quasi‑criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, a
minimum of $20 and a maximum of $40; for recording the same, a minimum of 50¢ and a maximum of $0.80 for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of a
minimum of $60 and a maximum of $120 for each expungement petition filed and an additional fee of a minimum of $4 and a maximum of $8 for each certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified
in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a minimum of $150 and a maximum of $225, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $40 and a maximum of $65.
(2) For administration of the estate of a ward, a
minimum of $75 and a maximum of $110, plus the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $20 and a maximum of $40.
(3) In addition to the fees payable under subsection
(v)(1) or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward, a minimum of $25 and a maximum of $40.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500, a minimum of $20 and a maximum of $40; when the amount claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65; when the amount claimed is $10,000 or more, a minimum of $60 and a maximum of $90; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $60 and a maximum of $90.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(E) Except as provided in subsection (v)(3)(D),
for filing the appearance of any person or persons, a minimum of $30 and a maximum of $90.
(F) For each jury demand, a minimum of $137.50
and a maximum of $180.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $50 and a maximum of $80, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a maximum of $40.
(H) For each certified copy of letters of
office, of court order or other certification, a minimum of $2 and a maximum of $4, plus $1 per page in excess of 3 pages for the document certified.
(I) For each exemplification, $2, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(w) Criminal and Quasi‑Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi‑criminal cases from each person convicted or sentenced to supervision therein as follows:
(A) Felony complaints, a minimum of $125 and a
maximum of $190.
(B) Misdemeanor complaints, a minimum of $75 and
a maximum of $110.
(C) Business offense complaints, a minimum of
$75 and a maximum of $110.
(D) Petty offense complaints, a minimum of $75
and a maximum of $110.
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, a
minimum of $40 and a maximum of $80.
(H) Motions to vacate bond forfeiture orders, a
minimum of $30 and a maximum of $45.
(I) Motions to vacate ex parte judgments,
whenever filed, a minimum of $30 and a maximum of $45.
(J) Motions to vacate judgment on forfeitures,
whenever filed, a minimum of $25 and a maximum of $30.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of State, a minimum of $40 and a maximum of $50.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $112.50 and a maximum of $250 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit.
(2) The fee for the preparation and certification of
a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $40 and a maximum of $65.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $50 and a maximum of $100.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, a minimum of $250 and a maximum of $400.
(2) For each additional parcel, add a fee of a
minimum of $100 and a maximum of $200.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non‑sufficient funds, account closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex‑officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child
support payment any additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in Section 7‑703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $25 and a maximum of $40.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11‑31‑1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection.
(3) The fee requirements of this Section shall not
apply to the filing of any commitment petition or petition for an order authorizing the administration of authorized involuntary treatment in the form of medication under the Mental Health and Developmental Disabilities Code.
(ee) Adoption.
(1) For an adoption
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$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an adoption proceeding nor may any fee be charged for proceedings for the appointment of a confidential intermediary under the Adoption Act.
(gg) Unpaid fees.
Unless a court ordered payment schedule is
implemented or the fee requirements of this Section are waived pursuant to court order, the clerk of the court may add to any unpaid fees and costs under this Section a delinquency amount equal to 5% of the unpaid fees that remain unpaid after 30 days, 10% of the unpaid fees that remain unpaid after 60 days, and 15% of the unpaid fees that remain unpaid after 90 days. Notice to those parties may be made by signage posting or publication. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the circuit court in collecting unpaid fees and costs.
(Source: P.A. 92‑521, eff. 6‑1‑02; 93‑385, eff. 7‑25‑03; 93‑573, eff. 8‑21‑03; 93‑760, eff. 1‑1‑05.)
(705 ILCS 105/27.2b)
Sec. 27.2b.
State income tax refund
intercept.
The Clerk of the Circuit Court may enter
into an agreement with the Illinois Department of Revenue to establish
a pilot program for the purpose of collecting certain fees. The
purpose shall be to intercept, in whole or in part, State
income tax refunds due the persons who
owe past due fees to the Clerk of the Circuit Court in order to satisfy unpaid fees pursuant to the
fee requirements of Sections 27.1a, 27.2, and 27.2a of
this Act. The agreement shall include, but may not be limited to, a certification by the Clerk of the Circuit Court that the debt claims forwarded to the Department of Revenue are valid and that reasonable efforts have been made to notify persons of the delinquency of the debt. The agreement shall include provisions for payment of the intercept by the Department of Revenue to the Clerk of the Circuit Court and procedures for an appeal/protest by the debtor when an intercept occurs. The agreement may also include provisions to allow the Department of Revenue to recover its cost for administering the program.
Intercepts made pursuant to this Section shall not interfere with the collection of debts related to child support. During the collection of debts under this Section, when there are 2 or more debt claims certified to the Department at the same time, priority of collection shall be as provided in Section 911.3 of the Illinois Income Tax Act.
(Source: P.A. 93‑836, eff. 1‑1‑05.)
705 ILCS 105/27.3
(705 ILCS 105/27.3) (from Ch. 25, par. 27.3)
Sec. 27.3.
Compensation.
(a) The county board shall provide the
compensation of Clerks of
the Circuit Court, and the amount necessary for clerk hire, stationery,
fuel and other expenses. Beginning December 1, 1989, the compensation
per annum for Clerks of the Circuit Court shall be as follows:
In counties where the population is:
Less than 14,000
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at least $13,500
14,001‑30,000
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at least $14,500
30,001‑60,000
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at least $15,000
60,001‑100,000
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at least $15,000
100,001‑200,000
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at least $16,500
200,001‑300,000
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at least $18,000
300,001‑ 3,000,000
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at least $20,000
Over 3,000,000
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at least $55,000
(b) In counties in which the population is 3,000,000 or less,
"base salary" is the compensation paid for each Clerk of the Circuit Court,
respectively, before July 1, 1989.
(c) The Clerks of the Circuit Court, in counties in which the population
is 3,000,000 or less, shall be compensated as follows:
(1) Beginning December 1, 1989, base salary plus at
least 3% of base salary.
(2) Beginning December 1, 1990, base salary plus at
least 6% of base salary.
(3) Beginning December 1, 1991, base salary plus at
least 9% of base salary.
(4) Beginning December 1, 1992, base salary plus at
least 12% of base salary.
(d) In addition to the compensation provided by the county board, each
Clerk of the Circuit Court shall receive an award from
the State for the additional duties imposed by Sections 5‑9‑1 and 5‑9‑1.2
of the Unified Code of Corrections, Section 10 of the Violent Crime Victims
Assistance Act, Section 16‑104a of the Illinois Vehicle Code, and
other
laws, in the
following amount:
(1) $3,500 per year before January 1, 1997.
(2) $4,500 per year beginning January 1, 1997.
(3) $5,500 per year beginning January 1, 1998.
(4) $6,500 per year beginning January 1, 1999.
The total
amount required for such awards shall be appropriated each year by the
General Assembly to the Supreme Court, which shall distribute such awards
in annual lump sum payments to the Clerks of the Circuit Court in all
counties. This annual award, and any other award or stipend paid out of
State funds to the Clerks of the Circuit Court, shall not affect any other
compensation provided by law to be paid to Clerks of the Circuit Court.
(e) Also in addition to the compensation provided by the county board,
Clerks of the Circuit Court in counties in which one or more State
correctional institutions are located shall receive a minimum reimbursement
in the
amount of $2,500 per year for administrative assistance to perform services in
connection with the State correctional institution, payable
monthly from the State Treasury to the treasurer of the county in which the
additional staff is employed. Counties whose State correctional institution
inmate population exceeds 250
shall receive reimbursement in the amount of $2,500 per 250 inmates. This
subsection (e) shall not apply to staff
added before November 29, 1990.
For purposes of this subsection (e), "State correctional institution"
means any facility of the Department of Corrections, including without
limitation adult facilities, juvenile facilities, pre‑release centers,
community correction centers, and work camps.
(f) No county board may reduce or otherwise impair the compensation
payable from county funds to a Clerk of the Circuit Court if the reduction or
impairment is the result of the Clerk of the Circuit Court receiving an
award or stipend payable from State funds.
(Source: P.A. 92‑114, eff. 1‑1‑02.) (705 ILCS 105/27.3a) (from Ch. 25, par. 27.3a)
Sec. 27.3a.
Fees for automated record keeping.
1. The expense of establishing and maintaining automated record
keeping systems in the offices of the clerks of the circuit court shall
be borne by the county. To defray such expense in any county having
established such an automated system or which elects to establish such a
system, the county board may require the clerk of the circuit court in
their county to charge and collect a court automation fee of not less than
$1 nor more than $15 to be charged and collected by the clerk of the court.
Such fee shall be paid at the time of filing the first pleading, paper or
other appearance filed by each party in all civil cases or by the defendant
in any felony, traffic, misdemeanor, municipal ordinance, or conservation
case upon a judgment of guilty or grant of supervision, provided that
the record keeping system which processes the case
category for which the fee is charged is automated or has been approved for
automation by the county board, and provided further that no additional fee
shall be required if more than one party is presented in a single pleading,
paper or other appearance. Such fee shall be collected in the manner in
which all other fees or costs are collected.
2. Each clerk shall commence such charges and collections upon receipt
of written notice from the chairman of the county board together with a
certified copy of the board's resolution, which the clerk shall file of
record in his office.
3. Such fees shall be in addition to all other fees and charges of such
clerks, and assessable as costs, and may be waived only if the judge
specifically provides for the waiver of the court automation fee. The
fees shall be remitted monthly by such clerk to the county treasurer, to be
retained by him in a special fund designated as the court automation fund.
The fund shall be audited by the county auditor, and the board shall make
expenditure from the fund in payment of any cost related to the automation
of court records, including hardware, software, research and development
costs and personnel related thereto, provided that the expenditure is
approved by the clerk of the court and by the chief judge of the circuit
court or his designate.
4. Such fees shall not be charged in any matter coming to any such clerk
on change of venue, nor in any proceeding to review the decision of any
administrative officer, agency or body.
(Source: P.A. 94‑595, eff. 1‑1‑06.) (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
(Text of Section from P.A. 93‑760)
Sec. 27.3b.
The clerk of court may accept payment of fines, penalties,
or costs
by credit card
or debit card
approved by the clerk from an offender who has been
convicted of or placed on court supervision for a traffic
offense, petty offense, ordinance offense, or misdemeanor or who has been
convicted of a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or costs from
offenders on voluntary electronic pleas of guilty in minor traffic and
conservation offenses to satisfy the requirement of written pleas of guilty as
provided in Illinois Supreme Court Rule 529. The clerk of the court may also
accept
payment of statutory fees by a credit card or debit card.
The clerk of the court may
also accept the credit card
or debit card
for the cash deposit of bail bond fees.
The Clerk of the circuit court is authorized to enter into contracts
with credit card
or debit card
companies approved by the clerk and to pay those companies
fees normally charged by those companies for allowing the clerk of the circuit
court to accept their credit cards
or debit cards
in payment as authorized herein. Where the
offender pays fines, penalties, or costs by credit card or debit card,
or anyone paying
statutory fees of
the circuit court clerk or the posting of cash bail, the clerk shall
collect a service fee of up to $5 or the amount charged to the clerk for use of
its services by
the credit card or debit card issuer. This service fee shall be
in addition to any other fines, penalties, or
costs.
(Source: P.A. 93‑391, eff. 1‑1‑04; 93‑760, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑836)
Sec. 27.3b.
The clerk of court may accept payment of fines, penalties,
or costs
by credit card
or debit card
approved by the clerk from an offender who has been
convicted of or placed on court supervision for a traffic
offense, petty offense, ordinance offense, or misdemeanor or who has been
convicted of a felony offense. The clerk of the circuit court may accept
credit card payments over the Internet for fines, penalties, or costs from
offenders on voluntary electronic pleas of guilty in minor traffic and
conservation offenses to satisfy the requirement of written pleas of guilty as
provided in Illinois Supreme Court Rule 529. The clerk of the court may also
accept
payment of statutory fees by a credit card or debit card.
The clerk of the court may
also accept the credit card
or debit card
for the cash deposit of bail bond fees up to
$300.
The Clerk of the circuit court is authorized to enter into contracts
with credit card
or debit card
companies approved by the clerk and to negotiate the payment of convenience
and administrative fees normally charged by those companies for allowing the clerk of the circuit
court to accept their credit cards
or debit cards
in payment as authorized herein. The clerk of the circuit court is authorized
to enter into contracts with third party fund guarantors, facilitators, and
service providers under which those entities may contract directly with
customers of
the clerk of the circuit court and guarantee and remit the payments to the
clerk of the circuit court. Where the
offender pays fines, penalties, or costs by credit card or debit card or through a third party fund guarantor, facilitator, or service
provider,
or anyone paying
statutory fees of
the circuit court clerk or the posting of cash bail, the clerk shall
collect a service fee of up to $5 or the amount charged to the clerk for use of
its services by
the credit card or debit card issuer, third party fund guarantor,
facilitator, or service provider. This service fee shall be
in addition to any other fines, penalties, or
costs. The clerk of the circuit court is authorized to negotiate the
assessment of convenience and administrative fees by the third party fund
guarantors, facilitators, and service providers with the revenue earned by the
clerk of the circuit court to be remitted
to the
county general revenue fund.
(Source: P.A. 93‑391, eff. 1‑1‑04; 93‑836, eff. 1‑1‑05.)
(705 ILCS 105/27.3c) (from Ch. 25, par. 27.3c)
Sec. 27.3c.
Document storage system.
(a) The expense of establishing and maintaining a document storage
system in the offices of the circuit court clerks in the several counties
of this State shall be borne by the county. To defray the expense in any
county that elects to establish a document storage system and convert the
records of the circuit court clerk to electronic or micrographic storage,
the county board may require the clerk of the circuit court in its county
to collect a court document fee of not less than $1 nor more than $15, to
be charged and collected by the clerk of the court. The fee shall be paid
at the time of filing the first pleading, paper, or other appearance filed
by each party in all civil cases or by the defendant in any felony,
misdemeanor, traffic, ordinance, or conservation matter on a judgment of
guilty or grant of supervision, provided that the document storage system
is in place or has been authorized by the county board and further that no
additional fee shall be required if more than one party is presented in a
single pleading, paper, or other appearance. The fee shall
be collected in the manner in which all other fees or costs are
collected.
(b) Each clerk shall commence charges and collections of a court
document fee upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's resolution,
which the clerk shall file of record in his or her office.
(c) Court document fees shall be in addition to other fees and charges
of the clerk, shall be assessable as costs, and may be waived only if the
judge specifically provides for the waiver of the court document storage
fee. The fees shall be remitted monthly
by the clerk to the county treasurer, to be retained by the treasurer in a
special fund designated as the Court Document Storage Fund. The fund shall
be audited by the county auditor, and the board shall make expenditures
from the fund in payment of any costs relative to the storage of court records,
including hardware, software, research and development costs, and related
personnel, provided that the expenditure is approved by the clerk of the
circuit court.
(d) A court document fee shall not be charged in any matter coming to
the clerk on change of venue or in any proceeding to review the
decision of any administrative officer, agency, or body.
(Source: P.A. 94‑596, eff. 1‑1‑06.) 705 ILCS 105/27.4
(705 ILCS 105/27.4) (from Ch. 25, par. 27.4)
Sec. 27.4.
The population of all counties for the purpose of fixing
fees and compensation under Sections 27.1 through 27.3 shall be based upon the
results of the last Federal census immediately previous to the election of the
Clerk of the Circuit Court in each county.
(Source: P.A. 79‑1445.) 705 ILCS 105/27.5
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5.
(a) All fees, fines, costs, additional penalties, bail balances
assessed or forfeited, and any other amount paid by a person to the circuit
clerk that equals an amount less than $55, except restitution under Section
5‑5‑6 of the Unified Code of Corrections, reimbursement for the costs of an
emergency response as provided under Section 11‑501 of the Illinois Vehicle
Code, any fees collected for attending a traffic safety program under
paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a
State's Attorney under Section 4‑2002 of the Counties Code or a sheriff under
Section 4‑5001 of the Counties Code, or any cost imposed under Section 124A‑5
of the Code of Criminal Procedure of 1963, for convictions, orders of
supervision, or any other disposition for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a similar provision of a local
ordinance, and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided in subsection
(b) shall be disbursed within 60 days after receipt by the circuit
clerk as follows: 47% shall be disbursed to the entity authorized by law to
receive the fine imposed in the case; 12% shall be disbursed to the State
Treasurer; and 41% shall be disbursed to the county's general corporate fund.
Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the
State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be
deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall be deposited into the Drivers Education Fund. For fiscal years 1992 and
1993, amounts deposited into the Violent Crime Victims Assistance Fund, the
Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund
shall not exceed 110% of the amounts deposited into those funds in fiscal year
1991. Any amount that exceeds the 110% limit shall be distributed as follows:
50% shall be disbursed to the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine imposed in the
case. Not later than March 1 of each year the circuit clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall be subject
to this Section, except that counties with a population under 2,000,000
may, by ordinance, elect not to be subject to this Section. For offenses
subject to this Section, judges shall impose one total sum of money payable
for violations. The circuit clerk may add on no additional amounts except
for amounts that are required by Sections 27.3a and 27.3c of
this Act, unless those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result of
forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme
Court Rule 529, the circuit clerk shall first deduct and pay amounts
required by Sections 27.3a and 27.3c of this Act. This Section is a denial
and limitation of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State Treasurer for
deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and
Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961.
(Source: P.A. 92‑454, eff. 1‑1‑02; 92‑650, eff. 7‑11‑02; 93‑800, eff. 1‑1‑05.) 705 ILCS 105/27.6
(705 ILCS 105/27.6)
Sec. 27.6.
(a) All fees, fines, costs, additional penalties, bail balances
assessed or forfeited, and any other amount paid by a person to the circuit
clerk equalling an amount of $55 or more, except the additional fee required
by subsections (b) and (c), restitution under Section 5‑5‑6 of the
Unified Code of Corrections, reimbursement for the costs of an emergency
response as provided under Section 11‑501 of the Illinois Vehicle Code,
any fees collected for attending a traffic safety program under paragraph (c)
of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney
under Section 4‑2002 of the Counties Code or a sheriff under Section 4‑5001
of the Counties Code, or any cost imposed under Section 124A‑5 of the Code of
Criminal Procedure of 1963, for convictions, orders of supervision, or any
other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as provided in subsection (d) shall be disbursed
within 60 days after receipt by the circuit
clerk as follows: 44.5% shall be disbursed to the entity authorized by law to
receive the fine imposed in the case; 16.825% shall be disbursed to the State
Treasurer; and 38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited
by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17
shall be deposited into the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be
deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the
Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall
be disbursed to the Department of Public Health and 50% shall be disbursed to
the Department of Public Aid. For fiscal year 1993, amounts deposited into
the Violent Crime Victims Assistance Fund, the Traffic and Criminal
Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110%
of the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as follows: 50%
shall be disbursed to the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine imposed in
the case. Not later than March 1 of each year the circuit clerk
shall submit a report of the amount of funds remitted to the State
Treasurer under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall be subject
to this Section, except that counties with a population under 2,000,000
may, by ordinance, elect not to be subject to this Section. For offenses
subject to this Section, judges shall impose one total sum of money payable
for violations. The circuit clerk may add on no additional amounts except
for amounts that are required by Sections 27.3a and 27.3c of
this Act, unless those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result of
forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme
Court Rule 529, the circuit clerk shall first deduct and pay amounts
required by Sections 27.3a and 27.3c of this Act. This Section is a denial
and limitation of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs assessed by the courts,
any person convicted or receiving an order of supervision for driving under
the influence of alcohol or drugs shall pay an additional fee of $100 to the
clerk of the circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be remitted by the
clerk to the Treasurer within 60 days after receipt for deposit into the Trauma
Center Fund. This additional fee of $100 shall not be considered a part of the
fine for purposes of any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the Circuit Clerk shall
submit a report of the amount of funds remitted to the State Treasurer under
this subsection during the preceding calendar year.
(b‑1) In addition to any other fines and court costs assessed by the courts,
any person convicted or receiving an order of supervision for driving under the
influence of alcohol or drugs shall pay an additional fee of $5 to the clerk
of the circuit court. This amount, less
2 1/2% that shall be used to defray administrative costs incurred by the clerk,
shall be remitted by the clerk to the Treasurer within 60 days after receipt
for deposit into the Spinal Cord Injury Paralysis Cure Research Trust Fund.
This additional fee of $5 shall not
be considered a part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of funds remitted to
the State Treasurer under this subsection during the preceding calendar
year.
(c) In addition to any other fines and court costs assessed by the courts,
any person convicted for a violation of Sections 24‑1.1, 24‑1.2, or 24‑1.5 of
the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis
Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act
shall pay an additional fee of $100 to the clerk
of the circuit court. This amount, less
2 1/2% that shall be used to defray administrative costs incurred by the clerk,
shall be remitted by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee of $100 shall not
be considered a part of the fine for purposes of any reduction in the fine for
time served either before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of funds remitted to
the State Treasurer under this subsection during the preceding calendar year.
(c‑1) In addition to any other fines and court costs assessed by the
courts, any person sentenced for a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall pay an additional fee of $5 to the
clerk of the circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be remitted by the
clerk to the Treasurer within 60 days after receipt for deposit into the Spinal
Cord Injury Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any reduction in the
fine for time served either before or after sentencing. Not later than March 1
of each year the Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during the preceding
calendar year.
(d) The following amounts must be remitted to the State Treasurer for
deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and
Class B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, 5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care for Animals Act and Section 26‑5 of the Criminal Code of 1961.
(Source: P.A. 93‑800, eff. 1‑1‑05; 94‑556, eff. 9‑11‑05.) 705 ILCS 105/27.7
(705 ILCS 105/27.7)
Sec. 27.7.
Children's waiting room.
The expense of establishing and maintaining a children's waiting room
for children whose parents or guardians are attending a court hearing as a
litigant, witness, or for other court purposes as determined by
the court may be borne by the county. To defray that expense in
any county having established a children's waiting room or that elects to
establish such a system, the county board may require the clerk of the circuit
court in the county to charge and collect a children's waiting room fee of not
more than $5.
The fee shall be paid at the time of filing the first pleading, paper,
or other appearance filed by each party in all civil cases.
No additional fee shall be required if more than one party is presented in
a single pleading, paper, or other appearance. The fee shall be collected in
the manner in which all other fees or costs are collected.
Each clerk shall commence the charges and collection upon receipt of written
notice from the chairman of the county board together with a certified copy of
the board's resolution. The clerk shall file the resolution of record in his
or her
office.
The fees shall be in addition to all other fees and charges of the clerks,
shall be assessable as costs, and may be waived only if the judge specifically
provides
for the waiver of the children's waiting room fee. The fees shall be remitted
monthly by the clerk to the county treasurer, to be retained by the treasurer
in a special fund designated as the children's waiting room fund. The fund
shall be audited by the county auditor, and the county board shall make
expenditure
from the fund in payment of any cost related to the establishment and
maintenance of the children's waiting room, including personnel, heat, light,
telephone, security, rental of space, or any other item in connection with the
operation of a children's waiting room.
The fees shall not be charged in any matter coming to the clerk on a
change of venue, nor in any proceeding to review the decision of any
administrative officer, agency, or body.
(Source: P.A. 89‑717, eff. 1‑1‑98; 90‑117, eff. 1‑1‑98; 90‑655, eff. 7‑30‑98.) 705 ILCS 105/27.8
(705 ILCS 105/27.8)
Sec. 27.8.
Annual audit.
(a) Beginning with fiscal years ending in 1999 and all fiscal years
thereafter, in addition to any other audits required by law, the county board
of each county shall cause an audit of the office of the circuit clerk to be
made annually at the close of the county's fiscal year by a licensed public
accountant. The county auditor and his or her staff may assist with the audit.
The audit shall
consist of a letter report that expresses an opinion on
the financial statements of the circuit clerk, a letter report that expresses
an
opinion on internal controls of the circuit clerk, a letter report on the
circuit clerk's compliance with applicable statutes, rules, and procedures
relating to assessment, collection, and distribution of funds, including the
timeliness of those actions, any documentation or statements necessary to
support the findings and opinions of the auditors, and any supplemental
schedules or other documents required by the audit guidelines. A listing
of applicable
legal requirements shall be compiled by the Administrative Office of the
Illinois Courts and made available to auditors
for their compliance testing.
The county board may include additional
requirements in the audit.
(b) The audits shall be completed in accordance with generally accepted
government auditing standards and generally accepted auditing standards. The
audit shall be completed within 6 months after the end of the fiscal year. The
county board may grant an extension of up to 6 months for the completion of the
audit.
(c) The expenses of conducting and filing the audit shall be paid by the
county from the circuit clerk's appropriations, and the county board shall make
provisions for the payment unless
another person or entity agrees, in writing, to pay the expenses.
(d) The audit shall be filed with the Administrative Office of the Illinois
Courts, the State Comptroller, the circuit clerk,
and the county board within one month after the completion of the audit.
(e) The Administrative Office of the Illinois Courts shall disseminate
auditing guidelines to the county boards and the circuit clerks. The Auditor
General's Office shall update, with the assistance of the Administrative Office
of the Illinois Courts, the auditing
guidelines as
necessary from time to time. Revised guidelines shall be available to the
Administrative Office of the Illinois Courts for dissemination to the county
boards and the circuit clerks.
(f) The auditing requirements of this Section may be included in the audit
required by Section 6‑31003 of the Counties Code.
(g) This Section is intended to require a comprehensive audit of the circuit
clerks and to eliminate duplicative audits of the circuit clerk. The audit
performed under this Section shall be available, upon request, to the public.
(Source: P.A. 90‑350, eff. 1‑1‑98; 90‑655, eff. 7‑30‑98.) 705 ILCS 105/27.9
(705 ILCS 105/27.9)
Sec. 27.9.
Frivolous lawsuits filed by prisoners.
(a) The fees of the
clerks of the circuit court shall not be waived for a petitioner who is a
prisoner in an Illinois Department of Corrections facility who files a
pleading, motion, or other filing which purports to be a legal document in a
lawsuit seeking post‑conviction relief
under Article 122 of the Code of Criminal Procedure of 1963, pursuant
to Section 116‑3 of the Code of Criminal Procedure of 1963, or in a habeas
corpus
action under Article X of the Code of Civil Procedure and the defendant is the
State, the Illinois Department of Corrections, or the Prisoner Review Board or
any of their officers or employees, and the court makes a specific finding that
the pleading, motion, or other filing which purports to be a legal document is
frivolous.
(b) "Frivolous" means that a pleading, motion, or other filing which
purports to be a legal document filed by a prisoner in his or her lawsuit meets
any or all of the following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(4) the allegations and other factual contentions do
not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
(Source: P.A. 90‑505, eff. 8‑19‑97; 90‑655, eff. 7‑30‑98.) 705 ILCS 105/27
(705 ILCS 105/27) (from Ch. 25, par. 27)
Sec. 27.
Clerks shall provide well bound books in which to record bonds
and letters of administrators, executors and guardians; inventories,
appraisement bills and sale bills of estates; relinquishments and
selections of surviving spouses; inventories of property of minors; wills
and the probate thereof; annual and final reports of administrators,
executors and guardians; and such other exhibits or writings as are
required by law to be recorded.
Clerks shall also provide a book to be called a ledger, in which shall be
kept the accounts of all executors, administrators and guardians. The
debit side shall be made up of all items with which the executor,
administrator or guardian is charged, with a memorandum opposite each item
of charge of the book and page in which the original entry is made. The
credit side shall be made up of all sums properly paid by the executor,
administrator or guardian, under the laws of this State, which have been
allowed by the court; opposite each item of credit a like memorandum shall
be made, showing the book and page where the original entry is to be found.
Each of the books required to be kept by this Section shall have an
alphabetical index, with proper entries, so that the contents may be
readily found.
Clerks shall keep a journal of the proceedings of the court. A full
summary of all settlements made by executors, administrators or guardians
shall be entered in the journal. The journal shall have a copious
alphabetical index of all entries made therein.
This Section is subject to the provisions of the Local Records Act.
(Source: P.A. 87‑828.) 705 ILCS 105/28
(705 ILCS 105/28)
Sec. 28.
Supreme Court Clerk; fees.
At the time of filing a petition or
record, the petitioner or appellant shall pay to the Clerk of the Supreme Court
the sum of $25. That sum shall be in full payment of all services of the clerk
on behalf of the petitioner or appellant, except the making of a complete
record, or copies of records, papers, or orders. The respondent or appellee,
before entering an appearance or filing any paper, shall pay to the Clerk of
the Supreme Court the sum of $15, which sum shall be in full payment of all
services of the clerk on behalf of the respondent or appellee, except the
making of a complete record, or copies of records, papers, or orders.
The fee for each official certificate and seal is $1.
The fee for making a complete record, copy of a record, or other papers
in this office is a reasonable fee per page as established by the
Supreme Court, except that the clerk shall
furnish without cost, to parties in interest or their attorneys of
record, copies of opinions or orders. In furtherance of the
public interest, the clerk may furnish copies of opinions or orders without
cost to other individuals or entities.
The fee for preparing a law license, certifying it with the seal,
administering the oath, and transcribing the name on the roll of attorneys is
$5.
In no event shall the clerk charge or receive any other or
different fees than those specified in this Section, except as otherwise
authorized by statute.
(Source: P.A. 88‑691; 89‑233, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96; 89‑686, eff.
12‑31‑96.) 705 ILCS 105/29
(705 ILCS 105/29)
Sec. 29.
Salary; disposition of fees; expenditures.
The ordinary
and contingent expenses of operating the Office of the Clerk of the Supreme
Court, including salaries, shall be determined by the Supreme Court and
paid from the State treasury on the warrant of the Comptroller out of
appropriations made for that purpose by the General Assembly.
All fees and costs paid to or received by the Clerk of the Supreme
Court shall be paid into the State Treasury.
(Source: P.A. 89‑233, eff. 1‑1‑96.) 705 ILCS 105/3
(705 ILCS 105/3) (from Ch. 25, par. 3)
Sec. 3.
The clerks shall be commissioned by the governor.
(Source: P.A. 83‑346.) 705 ILCS 105/4.1
(705 ILCS 105/4.1) (from Ch. 25, par. 4.1)
Sec. 4.1.
At the request of the clerk of the circuit court in any county the
county board of that county shall designate one or more banks or savings
and loan associations in which funds and moneys in the custody of such clerk may be
kept. Except as provided below, the clerk of the circuit court shall be
discharged from responsibility for all funds and moneys which he or she
deposits in that designated depository, while such funds and moneys are on deposit
therein. When a bank or savings and loan association
has been designated as a depository it
shall continue as such until 10 days after a new depository is designated
and has qualified as provided above. When a new depository is designated,
the county board shall notify the sureties of the clerk of the circuit
court of that fact, in writing, at least 5 days before the transfer of
funds.
No bank or savings and loan association shall receive public funds as permitted
by this Section, unless it has complied with the requirements established
pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83‑1362.) 705 ILCS 105/4
(705 ILCS 105/4) (from Ch. 25, par. 4)
Sec. 4.
Every clerk shall, before entering upon the duties of office, give
bond, with one or more sureties (or, if the county is self‑insured, the
county through its self‑insurance program may provide bonding), to be
approved by any two of the judges of his or her court, which bond shall be in
such penalty, not less than $5,000, as may be agreed by such judges, payable to
the People of the State of Illinois, and conditioned for the faithful
performance of the duties of office, and to pay over all moneys that may come
into his or her possession or custody by virtue of office, to the parties
entitled thereto, and to deliver up all moneys, papers, books, records, and
other things appertaining to the office, whole, safe and undefaced, when
lawfully required so to do. The bond shall be filed in the office of the
Secretary of State. The clerk shall also, before entering upon the duties of
his office, take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be) that I will support
the constitution of the United States and the constitution of the State of
Illinois, and that I will faithfully discharge the duties of the office of
clerk of ...., according to the best of my ability.
The oath shall be filed in the office of the Secretary of State.
(Source: P.A. 88‑387.) 705 ILCS 105/6
(705 ILCS 105/6) (from Ch. 25, par. 6)
Sec. 6.
The clerks of the Circuit Courts shall keep their offices at the
court house of their respective counties, and shall keep their offices open
and attend to the duties thereof during such hours on each day, and on such
days as may be ordered by the rule of the court in such county, which rule
may be changed from time to time as the court may see fit.
(Source: Laws 1965, p. 3395.) 705 ILCS 105/7
(705 ILCS 105/7) (from Ch. 25, par. 7)
Sec. 7.
The clerks of the several circuit courts shall be keepers of the
seals of their respective courts.
(Source: P.A. 87‑845.) 705 ILCS 105/8
(705 ILCS 105/8) (from Ch. 25, par. 8)
Sec. 8.
The clerks shall, in all cases, attend in person
to the duties of their
offices, respectively, when it is practicable so to do, and shall perform
all the duties thereof which can reasonably be performed by one person. In
the performance of the duties of the office of clerk of the circuit court,
any such clerk, after filing with the Secretary of State his or her manual
signature certified by him or her under oath, may execute or cause to
be executed with a facsimile signature, in lieu of his or her original
signature, all forms of process and notices issued by his or her office.
"Facsimile signature" means a reproduction by engraving, imprinting,
stamping, or other means of the manual signature of an authorized officer.
When the seal of the clerk of the circuit court is required in the
execution of any process or notice issued by the clerk's office,
the clerk may cause the
seal to be printed, engraved, stamped or otherwise placed in facsimile
thereon. The facsimile seal has the same effect as the impression of the
seal.
(Source: P.A. 83‑346.) 705 ILCS 105/9
(705 ILCS 105/9) (from Ch. 25, par. 9)
Sec. 9.
The clerks may, when necessary, appoint deputies, who shall take the same
oath or affirmation as is required of the principal clerk, which shall be
entered into the records of their office.
(Source: P.A. 83‑1362.)
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