(A) Civil cases.
(1) General fee. The fee for filing a complaint, petition or other pleading initiating a civil action, with the following exceptions, shall be $160.
(2) Exceptions.
Exceptions | Fee |
When the amount of money, or damages or the value of personal property claimed, does not exceed $250 | $10 |
When the amount of money or damages or the value of personal property exceeds $250 but does not exceed $500 | $20 |
When the amount of money or damages or the value of personal property exceeds $500 but does not exceed $2,500 | $40 |
When the amount of money or damages or the value of personal property exceeds $2,500 but does not exceed $15,000 | $50 |
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 |
(B) Family.
Petition or Service | Fee |
For filing a petition under 705 ILCS 405, 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 705 ILCS 45, State Parentage Act of 1984 | $40 |
(C) Forcible entry and detainer.
Condition | Fee |
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 | $50 |
Plaintiff unites his or her claim for possession with a claim for rent or damages, or both, exceeding $15,000 | $160 |
(D) 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.
(E) Confession of judgment.
Condition | Fee |
Amount does not exceed $1,500 | $50 |
Amount exceeds $1,500, but does not exceed $15,000 | $115 |
Amount exceeds $15,000 | $200 |
(F) Appearance. The fee for filing an appearance in each civil case shall be $60, except as follows.
Exception | Fee |
When the plaintiff in a forcible entry and detainer case seeks possession only | $50 |
When the amount in the case does not exceed $1,500 | $30 |
When that amount exceeds $1,500 but does not exceed $15,000 | $60 |
(G) Garnishment, wage deduction and citation.
Condition | Fee |
When the amount does not exceed $1,000 | $10 |
When the amount exceeds $1,000 but does not exceed $5,000 | $30 |
When the amount exceeds $5,000 | $50 |
(H) Petition to vacate or modify.
Condition | Fee |
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 | $50 |
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 | $75 |
Petition to vacate order of bond forfeiture | $40 |
(I) Mailing. When the Circuit Clerk is required to mail, the fee shall be $10 plus the cost of postage.
(J) Certified copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, shall be $10.
(K) Habeas corpus. For filing a petition for relief by habeas corpus, the fee shall be $60.
(L) Certification, authentication and reproduction.
Service | Fee |
Service | Fee |
Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office | $5 |
Court appeals when original documents are forwarded and under 100 pages; plus delivery and costs | $60 |
Court appeals when original documents are forwarded and over 100 pages; plus delivery and costs | $150 |
Court appeals when original documents are forwarded and over 200 pages; plus additional fee | $0.25 per page |
For reproduction of any document contained in the Circuit Clerk’s files; first page | $1 per page |
For reproduction of any document contained in the Circuit Clerk’s files; next 19 pages | $0.50 per page |
For reproduction of any document contained in the Circuit Clerk’s files; all remaining pages | $0.25 per page |
(M) Remands. In any case remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the Circuit Clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Circuit Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement, the Circuit 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.
(N) Record search. For each record search within a division or municipal district, the Circuit Clerk shall be entitled to a search fee of $6 for each year searched.
(O) Hard-copy. For each page of hard-copy print output, when case records are maintained on an automated medium, the Circuit Clerk shall be entitled to a fee of $6 per page.
(P) 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.
(Q) Alias summons. For each alias summons or citation issued by the Circuit Clerk, the fee shall be $5.
(R) Other fees.
(1) 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 State Courts.
(2) The Circuit Clerk may provide additional services for which there is no fee specified by statute in connection with the operation of the Circuit Clerk’s office as may be requested by the public and agreed to by the Circuit Clerk and approved by the Chief Judge of the Circuit Court. Any charges for additional services shall be as agreed to between the Circuit Clerk and the party making the request and approved by the Chief Judge of the Circuit Court. Nothing in this division (R) shall be construed to require any clerk to provide any service not otherwise required by law.
(S) Jury services. The Circuit Clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $106.25 for a six-person jury and $212.50 for a 12-person jury 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 action or proceeding and the same shall be tried in the court without a jury.
(T) Voluntary assignment.
(1) For filing each deed of voluntary assignment, the fee shall be $10. For recording the same, the fee shall be $0.25 for each 100 words.
(2) 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 Circuit Clerk the same fees as provided by this division (T) to be paid in other actions.
(U) Expungement petition. The Circuit Clerk shall be entitled to receive a fee of $60 for each expungement petition filed and an additional fee of $4 for each certified copy of an order to expunge arrest records.
(V) Probate.
(1) The Circuit Clerk is entitled to receive the fees specified in this division (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 division (V).
(2) For administration of the estate of a decedent, whether testate or intestate, or of a missing person, the fee shall be $150, plus the fees specified in division (V)(4) below, except:
(a) When the value of the real and personal property does not exceed $15,000, the fee shall be $40;
(b) When proof of heirship alone is made, a domestic or foreign will is admitted to probate without administration, including proof of heirship, or letters of office are issued for a particular purpose without administration of the estate, the fee shall be $40; or
(c) For filing a petition to sell real estate, the fee shall be $50.
(3) For administration of the estate of a ward, the fee shall be $75 plus the fees specified in division (V)(4) below, except:
(a) When the value of the real and personal property does not exceed $15,000, the fee shall be $40;
(b) When letters of office are issued to a guardian of the person or persons, but not of the estate, or 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 $20; or
(c) For filing a petition to sell real estate, the fee shall be $50.
(4) In addition to the fees payable under divisions (V)(2) or (V)(3) above, the following fees are payable.
(a) For each account, other than the final account, filed in the estate of a decedent or ward, the fee shall be $10.
(b) 1. For filing a claim in an estate when the amount claimed is $150 or more, but less than $500, the fee shall be $10.
2. When the amount claimed is $500 or more, but less than $10,000, the fee shall be $10.
3. When the amount claimed is $10,000 or more, the fee shall be $10; 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, the fee shall be $40.
(d) For filing in an estate the appearance of any person for the purpose of consent or the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator, there is no fee.
(e) Except as provided in division (V)(4)(d) above, for filing the appearance of any person or persons, the fee shall be $30.
(f) For each jury demand, the fee shall be $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, the fee shall be $35 less any amount paid under divisions (V)(2)(b) or (V)(3)(b) above except that if the amount involved does not exceed $5,000, the fee, including any amount paid under divisions(V)(2)(b) or (V)(3)(b) above, shall be $10.
(h) For each certified copy of letters of office, of court order or other certification, the fee shall be $2 plus $0.50 per page in excess of three pages for the document certified.
(i) For each exemplification, the fee shall be $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 Circuit 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 Circuit Clerk all postage charges incurred by the Circuit Clerk in mailing petitions, orders, notices or other documents pursuant to the provisions of 755 ILCS 5, the Probate Act of 1975.
(W) Criminal and quasi-criminal costs and fees.
(1) The Circuit Clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows.
Criminal and Quasi-Criminal Cases | Fee |
Criminal and Quasi-Criminal Cases | Fee |
Business offense complaints | $25 |
Felony complaints | $60 |
Minor traffic or ordinance violations | $10 |
Misdemeanor complaints | $40 |
Motions to vacate bond forfeiture orders | $40 |
Motions to vacate ex parte judgments whenever filed | $40 |
Motions to vacate “failure to appear” or “failure to comply” notices sent to the Secretary of State | $40 |
Motions to vacate judgment on forfeitures whenever filed | $40 |
Motions to vacate or amend final orders | $40 |
Petty offense complaints | $25 |
When court is appearance required | $15 |
(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 Circuit Clerk shall be entitled to costs from each person convicted therein as follows.
Violation and/or Required Appearance | Fee |
Minor traffic or ordinance violations | $10 |
When court appearance is required | $15 |
(3) (a) In ordinance violation cases punishable by fine only, the Circuit Clerk 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 $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.
(b) 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 judgement. For the filing of a transcript of judgment, the Circuit 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 Circuit 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, shall be $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, the fee shall be $35.
(AA) Tax deeds.
Petition for Tax Deed; Number of Parcels | Fee |
If only one parcel is involved | $200 |
For each additional parcel | $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 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the Circuit 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 Circuit Clerk for non-sufficient funds, account closed or payment stopped, the fee shall be $25.
(4) (a) In child support and maintenance cases, the Circuit Clerk, if authorized by an ordinance of the County Board, may collect an annual fee of up to $36 from the person making payments for maintaining child support records and the processing of support orders to the State KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the court.
(b) 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 Circuit Clerk shall be the custodian, ex-officio, to be used by the Circuit Clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the court.
(c) The Circuit Clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee.
(5) The Circuit Clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in § 7-703 of the Family Financial Responsibility Law (625 ILCS 5/7-703) 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 Circuit Clerk’s office to be charged against the party that filed the document, the fee shall be $10.
(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 § 11-31-1 of the State Municipal Code (65 ILCS 5/11-31-1) by a private owner or tenant of real property within 1,200 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 filling of any commitment petition or petition for an order authorizing the administration of psychotropic medication or electroconvulsive therapy under the Mental Health and Developmental Disabilities Code.
(EE) Adoptions.
(1) For an adoption, the fee shall be $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 State Department of Children and Family Services.
(FF) Adoption exemptions. No fee, other than that set forth in division (EE) above, shall be charged to any person in connection with an adoption proceeding.
(GG) Fee collection.
(1) Pursuant to 705 ILCS 105/27.1a, the County Board has determined it is in the best interest of the county that the fees set forth herein shall be charged and collected by the Circuit Clerk.
(2) Said fees shall be collected in the manner which all other fees or costs are collected and shall be remitted monthly to the County Treasurer for deposit.
(3) The County Clerk shall file a certified copy of the resolution from which the provisions of this section derive in the office of the Circuit Clerk as written notice that the County Board has acted to establish charges and collection of such fees. The Circuit Clerk shall file and maintain a copy of said resolution in his or her office.
(HH) Effective date. The resolution from which the provisions of the section derive shall become effective January 1, 2010 and shall remain in effect until modified by the County Board.
(Res. 2009-55, passed 12-22-2009)
Statutory reference:
Similar provisions; required minimum and maximum fees, see 705 ILCS 105/27.1a