22nd Judicial Circuit Court, McHenry County Filing Fees and Waivers

Applies to

Representative and attorney fees

Representative and attorney fees require court approval by verified petition and notice unless all interested parties consent in writing to a specific dollar amount.

A. All fees payable to a representative or to an attorney for a representative must be approved by the court pursuant to a verified petition with notice to all interested parties unless the fees in a specific dollar amount have been consented to in writing by all interested parties as defined in Section 1-2.11 of the Probate Act.

Applies to

Jury demand

A petitioner or claimant seeking a permitted jury trial must file the jury demand and pay the fee when filing the petition or claim, except in cases involving disabled adults.

A. A petitioner or claimant desirous of a trial by jury, where permitted, except in cases involving disabled adults, must file a jury demand with the clerk and pay the fee at the time he files his petition or claim.

Applies to

Jury demand

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

A representative, citation respondent, or other party in interest opposing the petition, citation, or claim and desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.

Applies to

Certificate of sale recording

Counsel must supply a check payable to the County Recorder sufficient to pay the applicable fee for recording the certificate of sale.

1. A check made payable to the County Recorder is sufficient to pay the then-applicable rate for recording the certificate of sale.

Applies to

Jury demand

A required jury fee must be paid before or with the jury demand, unless waived for good cause shown by written petition; nonpayment invalidates the demand.

In cases where a jury demand is made that requires the payment of a jury fee, the fee must be paid prior to or contemporaneously with the jury demand. Failure to pay the jury fee as required (unless waived for good cause shown on the written petition) shall cause the jury demand to be invalid.

Applies to

Motion to rescind sealing or impounding order

A person seeking access to a sealed or impounded matter may file a motion to rescind after properly filing an appearance and paying the required filing fee.

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 to be rescinded.

Applies to

Pleading

A pleading must be accompanied by the applicable filing fee before the clerk will file it.

The clerk shall not file a pleading unless accompanied by the proper filing fee if any.

Applies to

Mediation

Family service officers and mediators may not receive referral commissions, rebates, or other referral remuneration, and mediators may not charge contingent or outcome-based mediation fees.

B. Referral Fees Prohibited. No commissions, rebates, or other forms of remuneration shall be paid to any family service officer (if implemented) or mediator for referral of clients to support services. Mediators shall not charge contingent fees or fees based on the outcome of the mediation.

Applies to

Increase in ad damnum

Any increase in the amount prayed for before the arbitration hearing requires leave of court and payment of the appropriate difference in filing fee.

The award of the arbitration panel shall be limited to the amount originally prayed for in the complaint, counterclaim, or third-party complaint unless prior to the arbitration hearing, leave of court is given to increase the ad damnum with the appropriate difference in filing fee paid, but in no event shall the award be in excess of $50,000.

Fee

50

Applies to

Certification or authentication of appeal record

A request for certification or authentication of an appeal record requires an upfront deposit of at least $50 to the clerk's office.

At the time that any request is made to the Clerk of the Circuit Court of the Twenty-Second Judicial Circuit for Certification or Authentication of an Appeal Record, pursuant to 705 ILCS 105/27.1a (k), a deposit of not less than fifty dollars ($50.00) shall be paid to the clerk's office to be applied against the total fees, delivery charges, and costs authorized by the above statute.

Applies to

Appeal record transmission or delivery

Any balance of the prescribed appeal-record fee and delivery costs, or the clerk's estimate, must be paid before the clerk transmits or delivers the record on appeal.

The balance of the statutorily prescribed fee and delivery costs, or the balance of the clerk's estimate of said fee and costs, shall be paid prior to the clerk's transmission or delivery of the record on appeal pursuant to Supreme Court Rule 325.

All E-filing subscribers must maintain a valid credit card with the vendor to pay statutory filing fees.

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

Applies to

Statutory filing fees

The vendor directly bills subscribers for required statutory filing fees unless a fee waiver is granted 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 the law.

Applies to

Indigence fee waiver petition

Payment of filing fees is stayed pending the court's ruling when the electronic filing includes an indigence-based waiver petition.

E. 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.

Applies to

Electronic filings

The vendor may charge subscriber fees and impose reasonable contractual conditions for processing filings, but may not charge government users or parties the court deems indigent.

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.

Applies to

Mediation

Mediation fees must be reduced or waived for parties experiencing financial hardship.

A. Administrative Fee. It is the goal that the mediation process established by this rule shall be accessible to all persons regardless of financial status or ability to pay. Provisions shall be made for a reduction or waiver of the fees for parties with financial hardship.

Applies to

Adoption service

Charges for adoption-related services must be billed to counsel for the petitioners or to the petitioners if pro se and paid before judgment is entered.

Charges for any such service, as established by administrative order or agreement of the parties, will be billed to counsel for the petitioner(s) (or the petitioner(s) if pro se) and shall be paid prior to the entry of judgment.

Applies to

Vendor services

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

C. 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.