Circuit Court of Boone County, Illinois (17th Judicial Circuit) Filing Fees and Waivers

CRITICALCriminal cases

Fee

$200

Applies to

DNA analysis

Unless the stated exception applies, a $200 DNA analysis fee is payable to the clerk at sentencing, subject to a good-cause payment schedule of no more than 24 months.

Unless the conditions under D-1 have been satisfied, the offender shall be directed to pay to the clerk of the court an analysis fee of $200.00, in addition to any other disposition, penalty, costs or fines imposed. The fee shall be paid at the time of sentencing unless the court establishes, for good cause, the fee cannot be paid forthwith. In such event the court shall establish a collection fee schedule which shall not exceed 24 months from time of sentencing.

CRITICAL

Applies to

Application for waiver of fees

Fee-waiver applicants must use the Illinois Supreme Court-approved forms and provide supporting income documentation in accordance with the clerk-provided Supplemental Form Cover Page.

An Application for Waiver of Fees shall be made on the forms specified and approved by the Illinois Supreme Court for such purpose. Supporting income documentation shall be provided by the applicant in accordance with a Supplemental Form Cover Page, which is to be provided by the Circuit Clerk to each applicant (see attached Appendix PP).

CRITICAL

Applies to

Application for waiver of fees

Supplemental income verification documents must not be attached to the application and will be shredded unless collected within five business days after the Circuit Clerk’s phone notification.

Supplemental income verification documentation shall not be filed as attachments to an Application for Waiver of Fees. All supplemental income documentation will be shredded if not picked up by the applicant within five (5) business days of the Circuit Clerk’s phone notification as specified in Section 7 above.

CRITICAL

Subscribers must maintain either a prepaid draw-down account with the Clerk or a valid electronic payment account with the Vendor to pay statutory filing fees.

All subscribers shall establish either a pre-paid draw down account with the Clerk of the Court or maintain a valid electronic payment account with the e-filing Vendor for the payment of statutory filing fees.

CRITICAL

The Vendor collects required statutory filing fees from subscribers by direct billing unless a court order or law waives the fee.

The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless the payment of the fee has been waived by court order or law.

CRITICAL

When an electronic filing includes a fee-waiver petition for indigence, payment is stayed until the Court rules on the petition.

When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.

CRITICAL

Fee

$150

Applies to

Residential mortgage foreclosure filing

A residential mortgage foreclosure complaint subject to mediation incurs an additional $150 filing fee.

The additional fee for such case is set at $150 per filing.

CRITICALCivil cases

Applies to

Appearance

One appearance fee is due for a single appearance entered for several parties, while separate appearances require separate fees.

If a single appearance is entered for several parties, a single appearance fee shall be paid. If separate appearances are entered for several parties, either by the same or different attorneys, separate appearance fees shall be paid.

CRITICALCivil cases

Applies to

Eviction case

In Winnebago County eviction cases, plaintiffs must pay a case-filing fee and defendants must pay a fee to contest at trial; a financially unable party may request a waiver, and a prevailing fee-paying party may seek reimbursement.

Illinois law requires plaintiffs to pay a fee to bring an eviction case, and it also requires defendants to pay a fee if they want to contest those cases at trial. If you pay the fee and then win at trial, you may ask the Court to require the plaintiff to reimburse you. If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.

CRITICALCivil cases

Applies to

Arbitration case

In Winnebago and Boone County arbitration cases, plaintiffs must pay a case-filing fee and defendants must pay a fee to contest; a financially unable party may request a waiver, and a prevailing fee-paying party may seek reimbursement.

Illinois law requires plaintiffs to pay a fee to file a case, and it also requires defendants to pay a fee if they want to contest those cases. If you pay the fee and then win at trial, you may ask the Court to order that the other side reimburse you. If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.

CRITICALCivil cases

Applies to

Petition for appointment

When the appointment and civil suit filing occur contemporaneously, the appointment documents are filed as part of the civil case without an additional fee.

Contemporaneous with filing of suit. Where no suit has yet been filed, and the party seeking appointment is prepared to file suit on the same day that the appointment is made, the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case (with no additional fee to be paid).

CRITICALCivil cases

Applies to

Petition to subpoena witnesses

A petitioner seeking to subpoena witnesses must pay the fee charged to commence a civil action.

The petitioner shall pay the same fee as if commencing a civil action.

WARNING

Applies to

Motion to rescind sealing or impoundment order

An appropriate filing fee must be paid when required to file a motion seeking rescission of a sealing or impoundment order.

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.

WARNINGCriminal cases

Fee

$200

Applies to

DNA analysis

The clerk may reduce a defendant’s total fines and fees by $200 when the specified written verification of a previously submitted valid genetic specimen is filed.

The Circuit Court Clerk is authorized to reduce the total fines and fees by $200 of a defendant who has been assessed an analysis fee pursuant to 730 ILCS 5/5-4-3 if the defendant has previously submitted a valid genetic specimen, either as a juvenile or adult, when written verification of Illinois State Police provided stating that the defendant has previously submitted a valid genetic specimen, and such written verification is filed in the permanent court file.

WARNING

Applies to

Application for waiver of fees

The Circuit Clerk must place supporting income documentation in an envelope and send it with the application for judicial review.

All supporting income documentation provided by an applicant shall be placed in an envelope by the Circuit Clerk and the envelope shall accompany an Application for Waiver of Fees for purposes of judicial review.

WARNING

Applies to

Application for waiver of fees

The Circuit Clerk must forward each fee-waiver application to the presiding judge or an alternate if the presiding judge is unavailable, for a written decision on the Illinois Supreme Court-approved form.

Upon receipt of an Application for Waiver of Fees, the Circuit Clerk shall forward the application to the presiding judge, or an alternate judge based on the unavailability of the presiding judge, for review and issuance of a written decision on the form specified and approved by the Illinois Supreme Court for such purpose.

WARNING

Applies to

Application for waiver of fees

A denial based on incomplete supporting documentation is without prejudice, and the applicant may reapply with a completed application.

A judge’s denial of an Application for Waiver of Fees on the basis of incomplete supporting documentation is to be considered a denial without prejudice; the applicant may reapply with a completed application.

WARNING

Applies to

Application for waiver of fees

When a fee-waiver application is denied, the Circuit Clerk must set a future fee-payment date and a later court date to ensure compliance.

Whenever an Application for Waiver of Fees is denied, the Circuit Clerk shall establish a future date for payment of the applicable fee, as well as a court date thereafter to ensure compliance.

WARNING

A recipient of a fee waiver must promptly notify the Court of financial changes that might affect eligibility.

Applicants who receive a Waiver of Fees from the Court are required to promptly notify the Court of any change in their financial circumstances which might affect their eligibility for a waiver of fees.

WARNING

Before authorizing public payment of a major case expense in a case with an approved fee waiver, the judge must reassess the applicant’s current financial eligibility.

In cases where an Application for Waiver of Fees has been approved, the judge presiding in the case shall, before authorizing public payment of a major case expense (including payment of fees for a guardian ad litem, mediation, parenting class, or preparation of the record on appeal) re-examine the applicant as to present financial status to determine if the applicant is still eligible for a fee waiver, in a manner not inconsistent with 735 ILCS 5/5-105 subparts f-5 and f-10.

WARNINGCivil cases

Applies to

Eviction case

A defendant in a Winnebago County eviction case who neither pays the fee nor requests a waiver may be defaulted and barred from participating in trial.

If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in the trial.

WARNINGCivil cases

Applies to

Arbitration case

A party in a Winnebago or Boone County arbitration case who neither pays the fee nor requests a waiver may be defaulted and barred from participating in trial.

If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in a trial.

INFO

Filings initiated by Court partner agencies in criminal cases are exempt from filing fees and applicable Vendor fees.

Filings initiated by Court partner agencies in criminal cases (e.g. States Attorney, Public Defender, Attorney General, Law Enforcement) shall be exempt from the payment of filing fees and any vendor fees, as appropriate.

INFO

The chief judge concurs with Winnebago County’s court services fee rate schedule.

The chief judge of the 17th Judicial Circuit concurs with the rate schedule of the court services fee imposed by the County Board for the County of Winnebago, State of Illinois by Ordinance 2000 CO 61 as authorized pursuant to 55 ILCS 5/5-1103.

INFO

The chief judge concurs with Boone County’s differential court services fee rate schedule.

The chief judge of the 17th Judicial Circuit concurs with the differential rate fee schedule to the court services fee imposed by the County Board for the County of Boone, State of Illinois by Resolution 93-41 as authorized pursuant to 55 ILCS 5/5-1103.