15th Judicial Circuit Court, Carroll County, Illinois Filing Fees and Waivers

CRITICAL

Estate-settlement attorney fees are capped at 33⅓% absent a supporting sworn affidavit, and capped at 50% after an appeal and reviewing-court disposition.

The Court shall not allow attorney’s fees in excess of 33 1/3% of the gross settlement amount unless the attorney representing the estate in a sworn affidavit recites the work and hours involved or other special circumstances that justify a higher attorney’s fee to compensate the attorney fairly for the work performed; provided, however, that if an appeal is perfected and the case disposed of by the reviewing court, the attorney’s fee shall not in any event exceed 50% of the recovery.

CRITICAL

Applies to

Jury demand

A petitioner or claimant seeking a jury trial must file the demand and pay the fee with the petition or claim.

A petitioner or claimant desirous of a jury trial under the Act must file a jury demand with the Clerk and pay the required fee when the petition or claim is filed.

CRITICAL

Applies to

Appearance fee

One appearance filed for several parties incurs one appearance fee; separate appearances for several parties incur separate fees.

If a single appearance is filed 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.

CRITICAL

Applies to

Appearance

Pay the appearance fee when filing the appearance.

The appearance fee shall be paid when the appearance is filed.

CRITICAL

Applies to

Supplemental proceeding petition

The required fee must be paid when the supplemental-proceeding petition is filed.

The required fee shall be paid when the petition is filed.

CRITICAL

Applies to

Appearance fee

The appearance fee must be paid when the appearance is filed.

The appearance fee shall be paid when the appearance is filed.

CRITICAL

When an e-filing includes a fee-waiver request under Supreme Court Rule 298, payment is stayed until the Court rules on the request.

When the E-filing includes a request for waiver of fees pursuant to S. Ct. R. 298, payment of the fees shall be stayed until the Court rules on the request.

CRITICAL

Applies to

Jury demand

A jury demand requires payment of the required fee, including an opposing party’s demand after the petitioner or claimant waives a jury trial.

A petitioner or claimant desirous of a jury trial under the Act must file a jury demand with the Clerk and pay the required fee when the petition or claim is filed. A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading. If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee.

CRITICAL

Applies to

Pleading

A pleading must be accompanied by the required fee or an indigency application to be accepted for filing.

The Clerk shall not accept a pleading for filing or electronic filing unless the pleading is accompanied by any required filing fee or an application to sue or defend as an indigent person pursuant to S. Ct. R. 298 and 735 ILCS 5/5-105.

CRITICAL

Applies to

Probate petition

A supplemental-proceeding petition must identify the proceeding type, use the estate’s case number with a letter suffix, and pay the required fee when filed.

The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc. The required fee shall be paid when the petition is filed.

CRITICAL

Applies to

Jury demand

An opposing party seeking a jury trial must file the demand and pay the fee with its answer or other responsive pleading.

A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading.

CRITICAL

Statutory filing fees must be paid through the EFM unless waived.

The payment of statutory filing fees to the Clerk in order to achieve valid filing status, unless otherwise waived, shall be as authorized through the EFM.

CRITICAL

Applies to

Pleading

A pleading will not be accepted for filing unless accompanied by any required filing fee or an indigency application under the cited authorities.

The Clerk shall not accept a pleading for filing or electronic filing unless the pleading is accompanied by any required filing fee or an application to sue or defend as an indigent person pursuant to S. Ct. R. 298 and 735 ILCS 5/5-105.

CRITICAL

Statutory filing fees must be paid through the EFM to achieve valid filing status unless waived.

The payment of statutory filing fees to the Clerk in order to achieve valid filing status, unless otherwise waived, shall be as authorized through the EFM.

WARNING

Applies to

Appearance fee

A person cited in supplementary proceedings under 735 ILCS 5/2-1401 is not required to pay an appearance fee.

No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of 735 ILCS 5/2-1401.

WARNING

Applies to

Jury demand

A jury fee that has been paid will not be reimbursed if the jury is later waived.

The jury fee, once paid, shall not be reimbursed on a subsequent waiver of jury.

WARNING

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on 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 vacated.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on 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 vacated.

WARNING

If no estate assets remain, costs may be waived and unpaid fees and expenses may be barred.

If no assets remain in the estate, costs may be waived, and other fees and expenses unpaid may be barred pursuant to section 15 of the Act.

WARNING

Payment of filing fees is stayed while the Court decides an included fee-waiver request.

When the E-filing includes a request for waiver of fees pursuant to S. Ct. R. 298, payment of the fees shall be stayed until the Court rules on the request.

INFO

Applies to

Extended media coverage request or objection

No filing fee is charged for an extended-media-coverage request or objection.

There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.