summary
Introduced
07/28/2025
07/28/2025
In Committee
10/15/2025
10/15/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Costs Article of the Code of Civil Procedure. Provides that any party seeking a waiver of fees, costs, or charges or seeking to use a previously ordered waiver of fees, costs, or charges shall provide proper notice to all other parties and attorneys of record prior to presenting the application for the waiver of fees, costs, or charges to the court and the court shall not enter an order for a waiver of fees, costs, or charges unless the applicant shows proof of proper notice. Provides that the waiver of fees, costs, or charges shall not automatically apply to fees, costs, or charges ordered or required to be paid for specified fees and costs under the Illinois Marriage and Dissolution of Marriage Act but shall instead be considered by the court in each individual case. Effective immediately.
AI Summary
This bill amends the Illinois Code of Civil Procedure to modify the process for waiving court fees, costs, and charges. The key change requires any party seeking a fee waiver to provide proper notice to all other parties and attorneys before presenting the waiver application to the court. The court will not approve a fee waiver unless the applicant can prove they have provided this notice. Additionally, the bill specifically addresses fee waivers in family law cases, stating that waivers will not automatically apply to certain attorney's fees, evaluation costs, and counseling costs related to marriage and dissolution of marriage proceedings. Instead, these specific fees will be considered by the court on a case-by-case basis. The bill aims to ensure transparency in the fee waiver process and give courts more discretion in evaluating financial hardship, particularly in family law matters. The legislation maintains the existing framework for determining indigent status and partial fee waivers based on income levels, while adding an additional procedural requirement for notification and individual assessment of specific types of legal fees.
Sponsors (1)
Last Action
Referred to Rules Committee (on 10/15/2025)
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