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IL HB4095

IL HB4095
CIV PRO-FEE WAIVER


summary

Introduced
08/13/2025
In Committee
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 Code of Civil Procedure to modify the process for waiving court fees, costs, and charges by requiring parties seeking a fee waiver to provide proper notice to all other parties and attorneys of record before presenting the application to the court. The court will not grant a waiver unless the applicant can prove they have provided such notice. Additionally, the bill specifies that fee waivers will not automatically apply to certain fees and costs related to family law proceedings, such as attorney's fees, evaluation costs, and counseling costs under the Illinois Marriage and Dissolution of Marriage Act. Instead, the court must individually consider these specific fees and costs in each case. The bill builds upon existing provisions that allow indigent individuals or those facing financial hardship to seek full or partial waivers of court-related expenses, maintaining the existing framework for determining eligibility based on income, government benefits, and potential financial hardship while adding a new procedural requirement for notice and a nuanced approach to fee waivers in family law cases.

Sponsors (1)

Last Action

Filed with the Clerk by Rep. Terra Costa Howard (on 08/13/2025)

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