GENERAL ADMINISTRATIVE ORDER No.: 2018-06 E-filing applications for waiver of court fees in civil cases pursuant to Supreme Court Rule 298 (eff. Jan. 1, 2018)
Except as otherwise provided herein, this order is effective July 1, 2018. Pursuant to the
orders of the Illinois Supreme Court regarding Mandatory Electronic Filing in Civil Cases, Ill. S.
Ct., M.R. 18368 (eff. Jan. 22, 2016), and Electronic Filing in Civil and Criminal Cases and
Remote Access Systems, Ill. S. Ct., M.R. 18368 (eff. May 30, 2017), and Ill. S. Ct. Rs. 9, 298,
and to optimize access to justice for persons with disabilities and other persons seeking waiver of
court fees, costs, or other charges with respect to the filing of any pleading, appearance, motion,
petition, or other document ("principal document" or "document") otherwise requiring payment
by the filer,
IT IS HEREBY ORDERED:
1. Conditional acceptance of filing. The circuit clerk ("clerk") shall conditionally accept any
electronically filed ("filed") document requiring a fee, when the document is accompanied by
thee-filing ("filing") of an application for waiver of court fees ("application"). At the time
of filing, the clerk shall electronically notify the filer that final acceptance of the principal
document is conditioned on the granting of the application by the court and that denial of the
application will require payment of the required fees before the merits of the principal
document will be considered by the court.
2. Scheduling of hearing on application.
a. Principal documents requiring service by the sheriff or mailed notice by the
clerk.
i. Applications filed where proceeding is to be held. For cases in which
the application is filed at the courthouse where proceedings determining
the merits of the principal document or the venue for proceedings on the
merits are to be held, the Presiding Judge of each division and district of
the court shall make the arrangements necessary to accommodate inperson
hearings on the day the applications are filed, and the clerk shall
schedule in-person hearings on each application according to the schedule
provided by the Presiding Judge for the calendar on which the application
is to be heard.
ii. Applications filed from other locations. For cases in which the
application is filed at a location other than the courthouse where
proceedings on the principal document are to be held, the clerk shall
schedule an in-person hearing on the application to be held within 14
(fourteen) days of the filing of the application according to the schedule
provided by the Presiding Judge for the calendar on which the application
is to be heard.
b. Other principal documents. For principal documents that do not require
payment of fees for service by the sheriff or for notice by the clerk, the hearing on
the application shall be scheduled as provided in paragraph 2(a) of this order or, at
the filer's request, as follows, according to the schedule provided by the Presiding
Judge for the calendar on which the application is to be heard:
i. for defendants and parties responding to a pleading, motion, or petition, on
or before the date on which the appearance, responsive pleading, or other
response is required to be filed;
ii. on or before the next scheduled court date at a time the court has provided
for hearings on such applications; or
iii. on the same date and at the same time as the next scheduled court date.
c. Notice of hearing. At the time the application is filed, the clerk shall
electronically simultaneously notify the filer by means of the electronic filing
system of the date, time, and location of the hearing on the application. Effective
July 9, 2018, the clerk shall also provide the same information to the filer by
email.
d. Judge to hear application. Each Presiding Judge shall determine whether
hearings on the applications are to be heard by the Presiding Judge, the Presiding
Judge's designee, or the judge assigned to adjudicate the merits of the case.
3. Rulings without a hearing. At the discretion of the judge designated or assigned to rule
on the application, a ruling may be made solely on the basis of the information contained
in the application and without holding a hearing.
4. Applicant's failure to attend hearing. If a filer of an application fails to appear in court
for a required hearing on the application, the court may deny the application or, for good
cause shown, continue the matter.
5. Rulings on applications.
a. Orders granting or denying an application shall be entered pursuant to
735 ILCS 5/5-105(d).
b. Rulings may be reconsidered by the court upon a showing by the applicant of a
change in the applicant's circumstances. Nothing in this order shall be construed
or interpreted to preclude reconsideration of an order continuing or disposing of
an application by another judge.
c. If the application is denied, the court shall continue the matter for 14 (fourteen)
days, by which date the fee(s) must be paid. Payment of required fees by the
applicant shall be entered in the court's electronic docket.
d. If the required fees are not paid by the date ordered, the court may strike the
principal document or, for good cause shown, continue the matter for the purpose
of extending the time in which payment must be made.
6. Notice of ruling. Effective July 9, 2018, when the application has been granted, denied,
or continued, the clerk shall send a notice or copy of the decision to the applicant by
email.
7. Notice of acceptance of filing. When payment of all required fees has been made or
waived, the clerk shall send both a notice that the principal document has been accepted
for filing and an electronically file-stamped copy of the document to the applicant by
email.
8. Construction with other rules and orders. Nothing in this order shall be construed or
interpreted to conflict with any order or rule of the Illinois Supreme Court or this court
governing the electronic filing of documents, including, but not necessarily limited to,
Ill. S. Ct., M.R. 18368 (eff. Jan. 22, 2016, and May 30, 2017), Ill. S. Ct. R. 9 (eff. Dec.
13, 2017), and Cook Co. Cir. Ct. G.A.O. 2014-02 (eff. June 13, 2016).
Dated: June 29, 2018.
