§ 2.56.070  CIRCUIT CLERK FEES.
   A.   Pursuant to state law, the Clerk of the Circuit Court of McHenry County, Illinois, shall charge and collect:
      1.   Criminal and quasi-criminal:
         a.   Felony complaints: $100;
         b.   Misdemeanor complaints: $75;
         c.   Business offense complaints: $75;
         d.   Petty offense complaints: $75;
         e.   Minor traffic and ordinance violations:
            (1)   When no court appearance required: $10; and
            (2)   When court appearance is required: $15.
         f.   Motions to vacate or amend final orders, bond forfeiture orders, ex parte judgments, judgment on forfeitures or “failure to appear” or “failure to comply” notices sent to Secretary of State: $40; and
         g.   Jury demand in ordinance violation cases punishable by fine only: $137.50.
      2.   Civil:
         a.   Filing fee for filing a complaint, petition, or other pleading initiating a civil action: $160, with the following exceptions:
            (1)   Amount claimed $250 or less:  $10;
            (2)   Amount claimed more than $250, but does not exceed $500: $20;
            (3)   Amount claimed more than $500, but does not exceed $2,500: $40;
            (4)   Amount claimed more than $2,500, but does not exceed $15,000: $75;
            (5)   Eminent domain filing: $150;
            (6)   Forcible entry and detainer (amount claimed $15,000 or less): $50; and
            (7)   Forcible entry and detainer (amount claimed greater than $15,000): $160.
         b.   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;
         c.   Filing a petition under the Juvenile Court Act: $25;
         d.   Filing a petition under the Illinois Parentage Act of 1984: $40;
         e.   Filing a petition for adoption: $65;
         f.   Filing a commitment petition under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county: $50;
         g.   Filing a petition for a marriage license: $10;
         h.   Performing a marriage in court: $10;
         i.   Confession of judgment (amount does not exceed $1,500): $50;
         j.   Confession of judgment (amount exceeds $1,500, but does not exceed $15,000): $115;
         k.   Confession of judgment (amount exceeds $15,000): $200;
         l.   Filing an appearance in each civil case: $60, with the following exceptions:
            (1)   Forcible entry and detainer, possession only: $50;
            (2)   Amount claimed does not exceed $1,500: $30; and
            (3)   Amount claimed exceeds $1,500, but does not exceed $15,000: $60.
         m.   Garnishment, wage deduction and citation
            (1)   Amount does not exceed $1,000: $15;
            (2)   Amount exceeds $1,000, but does not exceed $5,000: $30; and
            (3)   Amount exceeds $5,000: $50.
         n.   Petition to vacate or modify any final judgment or order of court, expect 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;
         o.   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;
         p.   Petition to vacate order of bond forfeiture: $40;
         q.   Filing fee for jury demand: $212.50;
         r.   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;
         s.   Change of venue: the fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded: $40;
         t.   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: $50; and
         u.   Petition for tax deed:
            (1)   If only one parcel is involved: $200; and
            (2)   For each additional parcel: $60.
      3.   Probate:
         a.   Administration of the estate of a decedent (testate or intestate) or of a missing person: $150, except:
            (1)   When the value of the real and personal property does not exceed $15,000: $40;
            (2)   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: $40; and
            (3)   Filing a petition to sell real estate: $50.
         b.   Administration of the estate of a ward: $75, except:
            (1)   When the value of the real and personal property does not exceed $15,000: $40;
            (2)   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: $20; and
            (3)   Filing a petition to sell real estate: $50.
         c.   Filing of each account (other than one final account) filed in the estate of a decedent or ward: $25;
         d.   Filing a claim in an estate when the amount claimed is $150 or more, but less than $500: $25;
         e.   Filing a claim in an estate when the amount claimed is $500 or more, but less than $10,000: $40;
         f.   Filing a claim in an estate when the amount claimed is $10,000 or more: $60;
         g.   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: $60;
         h.   Filing an appearance: $30 (with the exceptions that no fee shall be charged for filing an appearance in an estate for the purpose of consent or the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator.)
         i.   Filing a jury demand: $137.50;
         j.   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: $50; except where the amount involved does not exceed $5,000: $20;
         k.   Each certified copy of letters of offices, of court order or other certification: $2, plus $1 per page in excess of three pages for the document certified; and
         l.   Each exemplification: $2, plus the fee for certification.
      4.   Miscellaneous fees:
         a.   When the Clerk is required to mail: $10, plus the cost of postage;
         b.   Certified copies (each copy after the first, except in small claims and forcible entry and detainer): $10;
         c.   Appeals:
            (1)   When documents forwarded to the Appellate Court are under 100 pages, plus delivery and costs: $60;
            (2)   When documents forwarded to the Appellate Court are over 100 pages, plus delivery and costs: $150; and
            (3)   When documents forwarded to the Appellate Court are over 200 pages: an additional fee of $0.25 cents per page.
         d.   Copy fees - for reproduction of any document contained in the Clerk’s files:
            (1)   First page: $2;
            (2)   Next 19 pages: $0.50 cents per page; and
            (3)   All remaining pages: $0.25 cents per page.
         e.   Record search: $6 per division, per year searched;
         f.   Hard copy printout (including child support history reports): $6;
         g.   Issue alias summons or citation: $5;
         h.   Expungement petition: $60;
         i.   Certified copy of an order to expunge arrest records: $4;
         j.   Correction of the case number or case title on any document filed in the Circuit Clerk’s office, to be charged against the party that filed the document: $25; and
         k.   Returned check fee: $25.
   B.   The Clerk of the Circuit Court of McHenry County, Illinois, shall commence the charges and collection effective July 1, 2003.
   C.   The fees shall be in addition to all other fines and charges assessed by the Circuit Court and shall be remitted daily by the Clerk of the Circuit Court to the County Treasurer for deposit in the County General Fund.
(Ord. O-200306-41-063, passed 6-17-2003)