(A) Fees in civil matters shall be assessed and distributed as set forth herein, in compliance with Section 27.1b of the Clerks of Courts Act, ILCS Ch. 705, Act 105, § 27.1b.
(B) The fees for filing a complaint, petition or other pleading initiating a civil action shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court:
(1) Schedule 1: $314 to be divided as follows:
(a) $45 to be retained by the Clerk of the Circuit Court and deposited as follows:
1. Circuit Court Automation Fund - $15;
2. Circuit Clerk Document Storage Fund - $15;
3. Circuit Court Clerk Operation and Administrative Fund - $15;
(b) $19 to be remitted to the State Treasurer and deposited as follows:
1. Mandatory Arbitration Fund - $8;
2. Access to Justice Fund - $2;
3. Supreme Court Special Purposes Fund - $9.
(c) $250 to be remitted to the County Treasurer and deposited as follows:
1. Public Act 100-987 General Fund - $250.
(2) Schedule 2: $264 to be divided as follows:
(a) $45 to be retained by the Clerk of the Circuit Court and deposited as follows:
1. Circuit Court Automation Fund - $15;
2. Circuit Clerk Document Storage Fund - $15;
3. Circuit Court Clerk Operation and Administrative Fund - $15.
(b) $19 to be remitted to the State Treasurer and distributed as follows:
1. Mandatory Arbitration Fund - $8;
2. Access to Justice Fund - $2;
3. Supreme Court Special Purposes Fund - $9.
(c) $200 to be remitted to the County Treasurer and distributed as follows:
1. Public Act 100-987 General Fund - $200.
(3) Schedule 3: $89 to be divided as follows:
(a) $22 to be retained by the Clerk of the Circuit Court and deposited as follows:
1. Circuit Court Automation Fund - $8;
2. Circuit Clerk Document Storage Fund - $7;
3. Circuit Court Clerk Operation and Administrative Fund - $7.
(b) $11 to be remitted to the State Treasurer and distributed as follows:
1. Access to Justice Fund - $2;
2. Supreme Court Special Purposes Fund - $9.
(c) $56 to be remitted to the County Treasurer and distributed as follows:
1. Public Act 100-987 General Fund - $56.
(4) Schedule 4: $0.00.
(C) The fees for filing an appearance in a civil action, including a cannabis civil law action under the Cannabis Control Act shall be as set forth in the schedules below in accordance with case categories established by the Illinois Supreme Court:
(1) Schedule 1: $189 to be divided as follows:
(a) $45 to be retained by the Clerk of the Circuit Court and distributed as follows:
1. Circuit Court Automation Fund - $15;
2. Circuit Clerk Document Storage Fund - $15;
3. Circuit Court Clerk Operation and Administrative Fund - $15.
(b) $19 to be remitted to the State Treasurer and distributed as follows: in accordance with the Clerk's instructions.
1. Mandatory Arbitration Fund - $8;
2. Access to Justice Fund - $2;
3. Supreme Court Special Purposes Fund - $9.
(c) $125 to be remitted to the County Treasurer and distributed as follows:
1. Public Act 100-987 General Fund - $125.
(2) Schedule 2: $109 to be divided as follows:
(a) $10 to be retained by the Clerk of the Circuit Court and distributed as follows:
1. Circuit Court Automation Fund - $4;
2. Circuit Clerk Document Storage Fund - $3;
3. Circuit Court Clerk Operation and Administrative Fund - $3.
(b) $9 to be remitted to the State Treasurer and distributed as follows:
1. Supreme Court Special Purposes Fund - $9.
(c) $90 to be remitted to the County Treasurer and distributed as follows:
1. Public Act 100-987 General Fund - $90.
(d) There is an additional fee of $30 that shall be assessed by the Will County Circuit Clerk under Section 5-1101.3 of the Counties Code to be paid by each party at the time of filing the first pleading, paper, or other appearance; provided that no additional fee shall be required if more than one party is represented in a single pleading, paper, or other appearance. The proceeds of all fees enacted under this division (d) shall be collected by the Circuit Clerk and turned over to the Will County Treasurer to be deposited into the County's Judicial Department Facilities Construction Fund and used for the sole purpose of funding in whole or in part the costs associated with building new judicial facilities in Will County.
(e) Except as otherwise specifically provided, the following miscellaneous fees are to be deposited in the Public Act 100-987 General Fund to be used for purposes related to the operation of the court system in the county:
1. Alias summons or citation: $5.
2. Jury services: $212.50.
3. Change of venue: $40.
4. Petition to vacate or modify:
A. If filed within 30 days: $50;
B. If filed after 30 days: $75;
C. Notice sent to Secretary of State: $40;
5. Appeals preparation:
A. If record is 100 pages or less: $50;
B. If record is between 100 and 200 pages: $100;
C. If record is 200 pages or more: additional fee of $0.25 per page.
6. Garnishment, wage deduction, and citation proceedings:
A. Amount in controversy $1,000 or less: $15;
B. Amount in controversy greater than $1,000 and not more than $5,000: $30;
C. Amount in controversy greater than $5,000: $50.
7. Collections:
A. All collections (except state and county and maintenance and child support cases): 2.5% of the amount collected and turned over.
B. In child support and maintenance cases: $36 annually to be deposited in the Child Support Maintenance Fund.
C. Certifications to Secretary of State pursuant to Section 7-703 of the Family Financial Responsibility Law: $5.
D. In proceedings to foreclose a delinquent real estate tax lien the State's Attorney shall receive a fee of 10% of the total amount realized from the sale of real estate sold in the proceedings.
8. Mailing: $10 plus the cost of postage.
9. For each certified copy of a judgment, following the first copy: $10.
10. Certification, authentication, and reproduction:
A. Each certification or authentication for taking acknowledgment of a deed or other instrument in writing with the seal of office: $6;
B. Reproduction of any document contained in the Clerk's files:
i. $2 for the first page;
ii. $0.50 per page for the next 19 pages;
iii. $0.25 per page for all additional pages.
11. For each record search, within a division or municipal district: $6 for each year searched.
12. For each page of hard copy print output, when case records are maintained on an automated medium: $6.
13. Performing a marriage in court: $10.
14. For filing each deed of voluntary assignment: $20; for recording a deed of voluntary assignment: $0.50 for each 100 words.
15. Expungement petition: $60 and an additional fee of $4 for each certified copy of an order to expunge arrest records.
16. Probate filings:
A. For each account (other than one final account) filed in the estate of a decedent or ward: $25.
B. Filing a claim:
i. Amount claimed greater than $150 and not more than $500: $25;
ii. Amount claimed greater than $500 and not more than $10,000: $40;
iii. Amount claimed greater than $10,000: $60.
C. For filing a claim, petition, or supplemental proceeding based upon an action seeking equitable relief: $60.
D. There shall be no fee for filing in an estate the appearance of: any person for the purposes of consent; or an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator.
E. For a jury demand: $137.50.
F. For each certified copy of letters of office, of court orders or other certifications: $2 per page.
G. For each exemplification: $2 plus the fee for certification.
17. 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: $25.
(F) Unpaid fees.
(1) Unless a court ordered payment schedule is implemented or the fee requirements of this section are waived by court order, the Clerk is authorized to add to any unpaid fees and costs a delinquency amount equal to 15% of the unpaid fees that remain unpaid after 90 days.
(2) Delinquency amounts collected pursuant to this provision shall be deposited into the Circuit Court Clerk Operation and Administrative Fund to defray additional administrative costs incurred by the Clerk in collecting unpaid fees and costs.
(3) No civil fees shall be charged to local school districts.
(Ord. 19-145, passed 6-20-2019)