23rd Judicial Circuit Court, DeKalb County, Illinois Filing Fees and Waivers

CRITICAL

Applies to

Appearance

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

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

CRITICAL

Payment of filing fees is stayed until the court rules on a fee-waiver petition based on indigence.

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.

CRITICALCivil cases

Applies to

Petition reinstatement

A reinstatement fee is required but may be waived by the judge upon a showing of good cause.

Reinstatement of a Petition for Dissolution of Marriage may be had within one (1) year from the date of dismissal, if the petitioner files an appropriate notice and motion and pays the required reinstatement fee. The reinstatement fee may be waived by the judge upon a showing of good cause.

CRITICAL

Applies to

Application for waiver of court fees

The Clerk provides court-fee-waiver application forms, which must be submitted for hearing to the expected assigned judge or, if that judge is unavailable, the Presiding Judge.

A. Forms of Application for Waiver of Court Fees, as provided in Supreme Court Rule 298, shall be provided by the Clerk of Court. B. Said Applications shall be submitted for hearing to the judge expected to be assigned to hear the matter in the future, or to the Presiding Judge if the judge expected to be assigned to the matter is unavailable.

CRITICAL

Subscribers must maintain a valid credit card on file with the e-filing vendor to pay statutory filing fees.

All Subscribers shall maintain a valid credit card on file with the e-filing Vendor for the payment of statutory filing fees.

CRITICAL

Applies to

Reinstatement

Reinstatement of a Petition for Dissolution of Marriage may be had within one ( 1) year from the date of dismissal if the petitioner files an appropriate notice and motion and pays the required reinstatement fee.

Reinstatement of a Petition for Dissolution of Marriage may be had within one ( 1) year from the date of dismissal if the petitioner files an appropriate notice and motion and pays the required reinstatement fee.

CRITICAL

Required filing fees are collected from subscribers by direct billing unless a court order or law waives payment.

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 payment of the fee has been waived by court order or law.

CRITICAL

Applies to

Appearance

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

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

CRITICAL

Reinstatement requires payment of the required fee, which the judge may waive upon a showing of good cause.

Reinstatement of a Petition for Dissolution of Marriage may be had within one (1) year from the date of dismissal, if the petitioner files an appropriate notice and motion and pays the required reinstatement fee. The reinstatement fee may be waived by the judge upon a showing of good cause.

CRITICALCriminal cases

Fee

$125

A defendant seeking an interstate compact transfer of adult probation must pay a $125 transfer fee to the Circuit Court Clerk before the transfer can be granted.

In addition, the defendant shall pay to the court a $125.00 transfer fee before the transfer can be granted. B. Said fee payment shall be to the Circuit Court Clerk who shall then place the fee in the Kendall County or DeKalb County General Fund via the Interstate Compact fee line item, if one exists.

CRITICAL

Applies to

Statutory filing fee

Subscribers must keep a valid credit card on file with the e-filing vendor to pay statutory filing fees.

All Subscribers shall maintain a valid credit card on file with the e-filing Vendor for the payment of statutory filing fees.

CRITICAL

Applies to

Appearance

One appearance filed for several parties incurs one appearance fee; separate appearances for several parties each incur a separate fee, whether filed by the same or different attorneys.

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, a separate appearance fee shall be paid.

CRITICALCivil cases

Applies to

Transcript

A transcript will not be produced until its fee is paid unless the judge previously waived the fee based on a finding of indigency.

No transcript will be produced until the transcript fee is paid, unless previously waived by the judge, pursuant to a finding of indigency.

CRITICAL

Fee

125

Applies to

Interstate compact transfer

A defendant must pay the $125 transfer fee before an interstate probation transfer may be granted.

In addition, the defendant shall pay to the court a $125.00 transfer fee before the transfer can be granted.

CRITICAL

The vendor collects required 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 payment of the fee has been waived by court order or law.

CRITICAL

Applies to

Appearance

A single appearance filed for several parties requires one appearance fee.

If a single appearance is filed for several parties, a single appearance fee shall be paid.

CRITICALCivil cases

Applies to

Court fees

Qualified litigants in civil actions may obtain a waiver of the listed court fees upon proper application and court order.

WHEREAS, pursuant to Illinois Supreme Court Rule ~98 and 735 ILCS 5/5-105, qualified litigants in a civil action may waive court fees upon proper application and order of the court; WHEREAS, included in said court fees are: filing, service of process, publication, mediation, guardian ad litem, or any other court ordered fees listed in 735 ILS5/5-105(a)(2)(1);

CRITICAL

Applies to

Appearance

No fee is charged to file an appearance as a court-appointed child representative.

There will be no fee for the filing of an Appearance as a court-appointed Attorney for the Child, Guardian ad Litem or Child's Representative.

CRITICALCivil cases

Applies to

Publication charges

After the required fee-waiver orders and remittance from the publication entity, the Circuit Clerk must pay publication charges.

IT IS HEREBY ORDERED that upon an Order for Waiver of Court Fees and an order entered by the judge assigned to the civil cause of action; the DeKalb County Circuit Clerk shall pay publication charges upon remittance from publication entity.

CRITICAL

Applies to

Court fee waiver application

Submit a court-fee-waiver application for hearing to the judge expected to be assigned, or to the Presiding Judge if that judge is unavailable.

Said Applications shall be submitted for hearing to the judge expected to be assigned to hear the matter in the future, or to the Presiding Judge if the judge expected to be assigned to the matter is unavailable.

CRITICAL

Applies to

Appearance

Separate appearances for several parties require a separate appearance fee for each appearance, whether entered by the same or different attorneys.

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

CRITICALCivil cases

Court reporter fees must be paid in full at the hearing unless the judge waives them; the attorney for the party seeking dissolution is responsible for arranging payment, and prompt-payment failures may result in sanctions.

Court reporter fees shall be paid in full at the time of hearing, unless waived by the judge. An arrangement for the payment of said fees is the responsibility of the attorney representing the party seeking dissolution. Failure to make prompt payment may result in sanctions against said attorney or party.

CRITICAL

A court-fee waiver order must be entered by the judge assigned to the civil action.

23rd Circuit Judicial Administrative Order 21-03 – Order for Waiver of Court Fees and an order entered by the judge assigned to the civil cause of action;

CRITICAL

When an electronic filing includes a fee-waiver request by petition for indigence, payment of the requisite fees 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

For each deposit, the vendor must electronically provide the Clerk an itemization identifying the case number, transaction type, and party billed.

The vendor shall electronically provide the Clerk a detailed itemization of the fees so deposited, including case number, type of transaction and party being billed for the payment for each deposit.

CRITICAL

The Circuit Clerk must pay publication charges upon receiving the remittance from the publication entity.

the DeKalb County Circuit Clerk shall pay publication charges upon remittance from publication entity.

CRITICAL

At the end of each business day, the vendor must electronically deposit with the Clerk all statutory filing fees required for that day’s electronic filings.

At the end of each business day, the vendor shall transfer by electronic deposit to the Clerk’s bank account all statutory filing fees required for that day’s electronic filings.

CRITICAL

All subscribers must keep a valid credit card on file with the e-filing vendor to pay statutory filing fees.

All Subscribers shall maintain a valid credit card on file with the e-filing Vendor for the payment of statutory filing fees.

CRITICAL

The vendor must collect required filing fees from subscribers through direct billing, unless the fee has been waived by court order or law.

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 payment of the fee has been waived by court order or law.

CRITICAL

The e-filing vendor may not charge government users or parties the Court deems indigent.

the e- filing vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

CRITICAL

Applies to

Wedding

The applicable fee must be paid to the circuit clerk before a wedding may commence or proceed.

No wedding(s) shall commence nor proceed without the payment of the then applicable fee being paid to the circuit clerk.

WARNING

Applies to

Appearance

No fee is charged to file an appearance as a court-appointed Attorney for the Child, Guardian ad Litem, or Child's Representative.

There will be no fee for the filing of an Appearance as a court-appointed Attorney for the Child, Guardian ad Litem or Child's Representative.

WARNING

Applies to

Application for waiver of court fees

A fee waiver is available in a civil action through an application that must meet the stated filing requirements.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

WARNING

Applies to

Appearance

No appearance fee is paid when an appearance is filed in supplementary proceedings.

No appearance fee shall be paid when the appearance is filed.

WARNING

Applies to

E filing vendor services

Vendor service fees are separate from and additional to statutory filing fees.

Fees charged to e-filing subscribers by the vendor for vendor services are solely the property of the vendor and are in addition to any statutory fees associated with statutory filing fees.

WARNING

Applies to

Copies of filed documents

Upon request and payment of the appropriate fee, the Clerk must provide copies of filed pleadings or other documents unless otherwise specifically ordered.

Upon request and the payment ~f the appropriate fee, the Clerk shall provide copies of any pleading or r.,ar.,ers documents filed in this Court pursuant to 705 ILCS 105/27.1sQ, unless otherwise specifically ordered.

WARNING

Vendor service fees are separate from and in addition to statutory filing fees.

Fees charged to e-filing subscribers by the vendor for vendor services are solely the property of the vendor and are in addition to any statutory fees associated with statutory filing fees.

WARNING

Applies to

Copies of documents or certifications

Copies of documents or certifications must be available to requesting parties at a reasonable cost, including applicable fees set by rule or statute.

Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute.

WARNING

Applies to

Application for fee waiver

A civil litigant may apply for a waiver of court fees using the required application process.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

WARNING

Applies to

Copies or certifications

Copies of documents and certifications are available to requesting parties at a reasonable cost, including applicable fees set by rule or statute.

Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute.

WARNING

Applies to

Criminal agency filing

Filings initiated by court partner agencies in criminal cases are exempt from filing fees and vendor fees.

Filings initiated by court partner agencies in criminal cases (e.g., state's attorney, public defender, attorney general and law enforcement) shall be exempt from the payment of filing fees and any vendor fees.

WARNING

Payment of requisite fees is stayed until the court rules on a fee-waiver petition for indigence included with an electronic filing.

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.

WARNING

Applies to

Reinstatement

A judge may waive the reinstatement fee upon a showing of good cause.

The reinstatement fee may be waived by the judge upon a showing of good cause.

WARNING

Applies to

Electronic filing

An e-filing vendor may charge subscribers a fee to process electronic filings, but may not charge government users or parties the Court deems indigent.

The e-filing vendor may require payment of a fee or impose other reasonable requirements by contract with a subscriber as conditions for processing electronic filings. Pursuant to contact terms, the e-filing vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

WARNING

Applies to

Electronic filing vendor services

A vendor may condition processing on a fee or other reasonable contractual requirements, but may not require fees from government users or parties the court deems indigent.

The e-filing vendor may require payment of a fee or impose other reasonable requirements by contract with a subscriber as conditions for processing electronic filings. Pursuant to contact terms, the e-filing vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

WARNING

Applies to

Court fee waiver application

The Clerk of Court must provide forms for applications to waive court fees under Supreme Court Rule 298.

Forms of Application for Waiver of Court Fees, as provided in Supreme Court Rule 298, shall be provided by the Clerk of Court.

WARNING

Applies to

Court fee waiver application

Applications for court-fee waivers must be submitted for hearing to the judge expected to hear the matter, or to the Presiding Judge if that judge is unavailable.

Said Applications shall be submitted for hearing to the judge expected to be assigned to hear the matter in the future, or to the Presiding Judge if the judge expected to be assigned to the matter is unavailable.

WARNING

An e-filing vendor may require subscribers to pay a fee or meet other reasonable contractual requirements.

The e-filing vendor may require payment of a fee or impose other reasonable requirements by contract with a subscriber as conditions

WARNING

Applies to

E file workstation access

The Clerk must provide attorneys and parties in e-file cases free access to an e-file workstation during normal business hours.

Without charge during normal business hours, the Clerk shall provide attorneys and parties in e-file cases access to an e-file computer workstation.

WARNING

Vendor service fees belong to the vendor and are charged in addition to applicable statutory filing fees.

Fees charged to e-filing subscribers by the vendor for vendor services are solely the property of the vendor and are in addition to any statutory fees associated with statutory filing fees.