18th Judicial Circuit Court, DuPage County Filing Fees and Waivers

CRITICALCriminal cases

Applies to

Jury demand

A jury fee must be paid at or before the jury demand (or be waived through an indigency petition), otherwise the jury demand is ineffective.

Should a case in which a jury demand is made be of a type which requires the payment of a jury fee, said fee must be paid prior to or contemporaneously with said jury demand. Failure to pay said jury fee (unless same is waived by the proper presentation of a petition to proceed as an indigent) shall render ineffective the jury demand.

CRITICALCivil cases

Vendors collect required filing fees from subscribers via direct billing, unless fee is 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 the payment of the fee has been waived by court order or law.

CRITICAL

Fee

$500

Applies to

Rejection of arbitration award

A $500 rejection fee is required in all cases where the arbitration award exceeds $30,000.

In all cases where the arbitration award exceeds $30,000 the rejection fee shall be $500.

CRITICAL

Approved vendors transmit statutory filing fees to the Clerk's bank account and collect them from subscribers through direct billing, unless the fee is waived by court order or law.

Approved vendors shall electronically transmit to the Clerk's bank account all statutory filing fees required for electronic filings. The vendor shall electronically provide the Clerk's Accounting Department a detailed breakdown including transaction identifier and/or case number, type of transaction and party being billed for the payment for each deposit. 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

Vendors must transmit statutory filing fees to the Clerk's bank account and collect them from subscribers via direct billing, unless the fee is waived by court order or law.

Approved vendors shall electronically transmit to the Clerk’s bank account all statutory filing fees required for electronic filings. The vendor shall electronically provide the Clerk’s Accounting Department a detailed breakdown including transaction identifier and/or case number, type of transaction and party being billed for the payment for each deposit. 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

Applies to

Jury demand

A jury fee must be paid before or contemporaneously with the jury demand, or the demand is ineffective unless the fee is waived by an indigency petition.

Should a case in which a jury demand is made be of a type which requires the payment of a jury fee, said fee must be paid prior to or contemporaneously with said jury demand. Failure to pay said jury fee (unless same is waived by the proper presentation of a petition to proceed as an indigent) shall render ineffective the jury demand.

CRITICALCivil cases

E-filing vendor service fees belong solely to the vendor and are separate from 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.

CRITICALCivil cases

E-filing vendors may require fees or reasonable contractual requirements from subscribers, but are prohibited from charging government users or court-deemed indigent parties.

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 contract 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.

CRITICAL

Fee

500

Applies to

Award rejection

The rejection fee is $500 in cases where the arbitration award exceeds $30,000.

In all cases where the arbitration award exceeds $30,000 the rejection fee shall be $500.

CRITICAL

Documents requiring a statutory filing fee must be e-filed in the same manner as other e-file documents.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

Fee

$500

Applies to

Rejection of arbitration award

Rejecting an arbitration award above $30,000 requires payment of a $500 rejection fee.

In all cases where the arbitration award exceeds $30,000 the rejection fee shall be $500.

CRITICAL

Applies to

Jury demand

Where a jury fee applies, it must be paid before or with the jury demand; failure to pay (absent a granted indigency waiver) makes the jury demand ineffective.

Should a case in which a jury demand is made be of a type which requires the payment of a jury fee, said fee must be paid prior to or contemporaneously with said jury demand. Failure to pay said jury fee (unless same is waived by the proper presentation of a petition to proceed as an indigent) shall render ineffective the jury demand.

CRITICAL

Fee

$500

Applies to

Notice of rejection

Rejecting an arbitration award exceeding $30,000 requires a $500 fee.

In all cases where the arbitration award exceeds $30,000 the rejection fee shall be $500.

CRITICAL

Documents requiring a statutory filing fee are filed electronically in the same manner as any other e-file document.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

Applies to

Fines and costs

Bond, fines, and traffic costs in Bond Court or Traffic Division cases must be paid to the Deputy Clerk assigned to that court.

All persons who are required to post bond in the Bond Court, or who are assessed fines or costs in a case in a Traffic Division court, or who are required to post additional bond money in a Traffic Division court, shall make such payment to the Deputy Clerk assigned to that court.

CRITICALCivil cases

Refunds for e-file transactions ordered by the Court will deduct credit card and vendor fees; the Circuit Clerk refunds only the amount received from the e-filing vendor.

In the event the Court orders a monetary refund from any e-file transaction, the amount refunded will be less any credit card or vendor fees that may have been charged by an e- filing vendor. The Circuit Clerk shall refund upon order of Court only the amount that has been received from the e-File vendor.

CRITICAL

Applies to

Fines and costs

In criminal cases other than Bond Court or Traffic Division, fines, costs, and additional bond payments must be made at the Circuit Clerk's Office and nowhere else.

All persons who are assessed fines or costs in a criminal case, or who are required to post additional bond money, shall be escorted to the Office of the Clerk of the Circuit Court by the bailiff assigned to the courtroom in which the order was entered for the purpose of payment. No deputy clerk or other person shall accept payment at any location other than the Office of the Circuit Clerk.

CRITICAL

Documents requiring a statutory filing fee must be filed electronically in the same manner as other e-file documents.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

WARNING

Applies to

Fines costs

Persons assessed fines or costs in criminal cases must be escorted to the Office of the Clerk of the Circuit Court to pay, and no payment may be accepted anywhere else.

All persons who are assessed fines or costs in a criminal case, or who are required to post additional bond money, shall be escorted to the Office of the Clerk of the Circuit Court by the bailiff assigned to the courtroom in which the order was entered for the purpose of payment. No deputy clerk or other person shall accept payment at any location other than the Office of the Circuit Clerk.

WARNING

Applies to

Dui evaluation report

An offender will not receive a copy of the DUI evaluation report until the evaluation fee is paid, unless the person is indigent or the Court orders otherwise.

Unless a person falls within the Department's indigency guidelines or unless otherwise authorized by the Court, the person shall not receive a copy of the evaluation report until the evaluation fee has been paid to the Circuit Clerk's Office.

WARNING

Applies to

Traffic citation

A defendant who may pay a traffic fine by mail has fifteen days to pay the statutory penalty by mail or in person.

If the officer indicates on the ticket that the defendant may pay a fine by mail, the police officer shall also inform the defendant that the defendant has fifteen (15) days in which to pay the statutory penalty, either by mail or in person.

WARNING

Vendors collect statutory filing fees from subscribers through direct billing as the Clerk's limited agent, unless the fee is waived by court order or law.

Approved vendors shall electronically transmit to the Clerk’s bank account all statutory filing fees required for electronic filings. The vendor shall electronically provide the Clerk’s Accounting Department a detailed breakdown including transaction identifier and/or case number, type of transaction and party being billed for the payment for each deposit. 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.

WARNING

Applies to

Petition

Upon filing a notice of appeal, the applicant shall file a petition stating what and why requested fees and costs are necessary to the appeal, including specific dates (if applicable) as to the fees and costs requested.

Upon filing a notice of appeal, the applicant shall file a petition stating what and why requested fees and costs are necessary to the appeal, including specific dates (if applicable) as to the fees and costs requested.

WARNING

The e-filing vendor may charge fees or impose reasonable requirements for processing filings, but may not charge fees to government users or parties deemed indigent by the Court.

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 contract 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

Fee

$250

Applies to

Dui evaluation

The Probation and Court Services Department is authorized to charge a $250 fee for each DUI evaluation.

The Probation and Court Services Department of the 18th Judicial Circuit Court is authorized to assess a fee of $250 for each evaluation conducted under this rule.

WARNING

Fee

$50

Applies to

Dui evaluation rescheduling

An additional $50 fee is charged when a DUI evaluation is rescheduled due to the offender's no-show, failure to provide 24-hour cancellation notice, or failure to verify a crisis or emergency, and the fee must be paid before another appointment is scheduled.

The Department is authorized to charge an additional fee of $50 each time an evaluation is rescheduled because the offender did not appear for the scheduled appointment, or the offender did not provide proper cancellation notice within 24 hours of the scheduled appointment, or the offender did not provide verification of a crisis or emergency that prevented proper notice. The Department is authorized to collect the additional $50 fee prior to scheduling another appointment for the offender.

WARNING

Applies to

Expedited matrimonial fee arbitration

The Chief Judge of the 18th Judicial Circuit Court is responsible for setting filing fees for expedited matrimonial fee arbitration and for compensating arbitrators.

The Chief Judge of the 18th Judicial Circuit Court shall have the power and responsibility to establish filing fees for expedited matrimonial fee arbitration and payment for arbitrators’ services.

WARNING

Applies to

Arbitration order

The arbitration matter will be set for arbitration by the scheduler upon receipt of the arbitration order and any applicable filing fee.

Upon receipt of the arbitration order, together with the appropriate filing fee, if any, the court scheduler shall set the matter for arbitration.

WARNING

Applies to

E filing transaction

An e-filing vendor may charge subscribers processing fees, but may not require a fee from government users or parties deemed indigent by the Court.

(c) 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 contract 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

Mediation fees consist of a maximum of 3 hours plus 1 hour for administrative charges; parties must pay for individual sessions at the time of each session.

Mediation fees shall consist of a maximum of three (3) hours plus one (1) hour for administrative charges which may include but are not limited to time spent in mediation sessions with the parties, telephone conference, correspondence, consultations with attorneys or expert consultants, preparation of the mediator’s report and any other work performed by the mediator on behalf of the parties. The parties shall be required to pay for individual sessions at the time of each mediation session.

WARNING

Parties must pay a court-ordered retainer toward the evaluation cost; once the retainer is exhausted, parties pay for remaining sessions and the report cost as incurred.

The parties shall be required to pay a retainer, as ordered by the court, to be applied toward the cost of evaluation. When the retainer is exhausted, the parties shall pay for remaining individual sessions and the cost of the report as those costs are incurred.

WARNING

Applies to

Fines costs

Persons required to post bond or assessed fines or costs in Bond Court or Traffic Division courts must pay the Deputy Clerk assigned to that court.

All persons who are required to post bond in the Bond Court, or who are assessed fines or costs in a case in a Traffic Division court, or who are required to post additional bond money in a Traffic Division court, shall make such payment to the Deputy Clerk assigned to that court.

WARNING

Applies to

Electronic filing

The e-filing vendor may charge fees or impose requirements for processing electronic filings, but must 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 contract 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

Court-ordered refunds from e-file transactions are reduced by credit card or vendor fees; the Clerk refunds only the amount received from the vendor.

(e) In the event the Court orders a monetary refund from any e-file transaction, the amount refunded will be less any credit card or vendor fees that may have been charged by an e- filing vendor. The Circuit Clerk shall refund upon order of Court only the amount that has been received from the

WARNINGCriminal cases

Fee

$250

Applies to

Dui evaluation

The Probation and Court Services Department is authorized to charge $250 for each DUI evaluation conducted under this rule.

The Probation and Court Services Department of the 18th Judicial Circuit Court is authorized to assess a fee of $250 for each evaluation conducted under this rule.

WARNINGCriminal cases

Applies to

Dui evaluation report

Fees may be reduced for indigent offenders under Department guidelines, and the evaluation report will not be released to the offender until the evaluation fee is paid unless the offender qualifies as indigent or the Court authorizes release.

The Department of Probation and Court Services shall develop guidelines to reduce fees for indigent persons. Unless a person falls within the Department’s indigency guidelines or unless otherwise authorized by the Court, the person shall not receive a copy of the evaluation report until the evaluation fee has been paid to the Circuit Clerk’s Office.

WARNING

Applies to

Fines and costs

The Clerk may accept a partial payment of fines or costs and extend the deadline for the remaining balance for one ten-day period.

The Clerk of the Court, or the Clerk’s designee, may at their discretion accept partial satisfaction of the assessed fine or costs and extend satisfaction of the remainder of the assessment for the prescribed ten (10) day period.

WARNING

Applies to

Fee waiver application

2.12 APPLICATION TO WAIVE COSTS AND FEES (CIVIL ACTIONS) (a) Initial Application. Forms of application for waiver of court costs and fees (“Waiver Application”) pursuant to Supreme Court Rule 298 shall be as provided by administrative order. At the court’s discretion, upon initial review, any Waiver Application may be set for hearing within 5 to 10 business days by telephone or video conference in accordance with Supreme Court Rule 45 and its policy on remote court proceedings, where applicable. At hearing, all Waiver Applications shall be reviewed along with supporting documentation and/or other evidence. Costs associated with notice by publication are not subject to waiver pursuant to this rule.

2.12 APPLICATION TO WAIVE COSTS AND FEES (CIVIL ACTIONS) (a) Initial Application. Forms of application for waiver of court costs and fees (“Waiver Application”) pursuant to Supreme Court Rule 298 shall be as provided by administrative order. At the court’s discretion, upon initial review, any Waiver Application may be set for hearing within 5 to 10 business days by telephone or video conference in accordance with Supreme Court Rule 45 and its policy on remote court proceedings, where applicable. At hearing, all Waiver Applications shall be reviewed along with supporting documentation and/or other evidence. Costs associated with notice by publication are not subject to waiver pursuant to this rule.

WARNING

Applies to

Waiver application

Parties in civil actions may apply to waive court costs and fees; applications may be set for hearing within 5 to 10 business days, and publication notice costs are not waivable.

Forms of application for waiver of court costs and fees ("Waiver Application") pursuant to Supreme Court Rule 298 shall be as provided by administrative order. At the court's discretion, upon initial review, any Waiver Application may be set for hearing within 5 to 10 business days by telephone or video conference in accordance with Supreme Court Rule 45 and its policy on remote court proceedings, where applicable. At hearing, all Waiver Applications shall be reviewed along with supporting documentation and/or other evidence. Costs associated with notice by publication are not subject to waiver pursuant to this rule.

WARNING

Applies to

Pro se e filing registration

Pro se parties must register for e-filing using a valid credit card, debit card, or other valid electronic payment method.

Pro se parties shall register using a valid credit card, debit card, or other valid electronic payment method.

WARNING

Applies to

Waiver application

A required Waiver Application must be filed in the courtroom where the case is pending and is reviewed under the initial-review standards.

Any Waiver Application required under this subsection shall be filed in the courtroom where the case is pending at the time and shall be reviewed under the same standards as subsection (a).

WARNING

The e-filing vendor may charge a fee for processing electronic filings, but may not charge government users or parties deemed indigent by the Court.

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 contract 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

Fines and costs

The Clerk may extend the deadline for paying fines and costs by up to 10 days when the defendant appears at the Clerk’s Office to pay.

If a defendant, who has been ordered to satisfy certain fines and costs, subsequently appears at the Clerk’s Office for the purpose of satisfying said fines and costs, the Clerk or the Clerk’s designee shall have authority to extend for a period of time not to exceed ten (10) days the time in which payment may be made.

WARNINGCriminal cases

Fee

$50

Applies to

Dui evaluation

An additional $50 fee is charged whenever a DUI evaluation is rescheduled due to the offender's no-show, failure to give at least 24 hours' cancellation notice, or failure to verify a crisis or emergency that prevented proper notice.

The Department is authorized to charge an additional fee of $50 each time an evaluation is rescheduled because the offender did not appear for the scheduled appointment, or the offender did not provide proper cancellation notice within 24 hours of the scheduled appointment, or the offender did not provide verification of a crisis or emergency that prevented proper notice.

WARNING

Applies to

Waiver application

Civil litigants may request waiver of court costs and fees through a Waiver Application, which may be set for hearing within 5 to 10 business days and reviewed with supporting documentation; publication notice costs are not waivable.

Forms of application for waiver of court costs and fees (“Waiver Application”) pursuant to Supreme Court Rule 298 shall be as provided by administrative order. At the court’s discretion, upon initial review, any Waiver Application may be set for hearing within 5 to 10 business days by telephone or video conference in accordance with Supreme Court Rule 45 and its policy on remote court proceedings, where applicable. At hearing, all Waiver Applications shall be reviewed along with supporting documentation and/or other evidence. Costs associated with notice by publication are not subject to waiver pursuant to this rule.

WARNING

Applies to

Periodic fee waiver application

After a fee waiver is granted, the judge must periodically evaluate continued eligibility, and any required renewal Waiver Application must be filed in the courtroom where the case is pending.

(b) Periodic Review. In cases where a Waiver Application has been granted, the judge presiding over the case shall evaluate whether the party receiving the waiver continues to qualify, pursuant to 735 ILCS 5/5-105. (1) Any Waiver Application required under this subsection shall be filed in the courtroom where the case is pending at the time and shall be reviewed under the same standards as subsection (a).

WARNING

Applies to

Waiver application

In cases where a Waiver Application has been granted, the judge presiding over the case shall evaluate whether the party receiving the waiver continues to qualify, pursuant to 735 ILCS 5/5-105. (1) Any Waiver Application required under this subsection shall be filed in the courtroom where the case is pending at the time and shall be reviewed under the same standards as subsection

In cases where a Waiver Application has been granted, the judge presiding over the case shall evaluate whether the party receiving the waiver continues to qualify, pursuant to 735 ILCS 5/5-105. (1) Any Waiver Application required under this subsection shall be filed in the courtroom where the case is pending at the time and shall be reviewed under the same standards as subsection

INFO

Vendor service fees are the vendor's property and are 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.

INFO

Applies to

Copies of document

Copies of any document or certification are available to a requesting party at a reasonable cost including applicable statutory fees.

(d) 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.

INFO

Applies to

Copies of filed document

The Clerk will provide copies of filed documents upon request and payment of the appropriate fee, unless the Court orders otherwise.

Upon request and the payment of the appropriate fee, the Clerk shall provide copies of any document filed in this Court unless otherwise specifically ordered.