705 ILCS 105/16
Records kept by the clerks of the circuit courts are subject to the provisions of "The Local Records Act", approved August 18, 1961, as amended
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(705 ILCS 105/16)
(from Ch. 25, par. 16)
Sec. 16.
Records kept by the clerks of the circuit courts are
subject to the provisions of "The Local Records Act", approved
August 18, 1961, as amended.
Unless otherwise provided by rule or administrative order of the Supreme
Court, the respective clerks of the circuit courts shall keep in their
offices the following books:
1. A general docket, upon which shall be entered all suits, in the
order in which they are commenced.
2. Two well-bound books, to be denominated "Plaintiff's Index to
Court Records," and "Defendant's Index to Court Records" to be ruled and
printed substantially in the following manner:
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Plaintiffs | Defendants | Kind of | Date | Record | Pages |
Action | Commenced | Book | |||
| |||||
| |||||
| |||||
| Date of | Judgment | |||
judgment | docket | ||||
| |||||
Book Page | |||||
| |||||
Certificate | Satisfied | ||||
Certificate | Certificate | of | or not | Number | |
of levy | of sale | redemption | satisfied of case | ||
| |||||
Fee Book | Book Page | Book Page | Book Page | ||
| |||||
All cases shall be entered in such books, in alphabetical order, by the
name of each plaintiff and defendant. The books shall set forth the names
of the parties, kind of action, date commenced, the record books and pages
on which the cases are recorded, the date of judgment, books and pages of
the judgment dockets, fee book, certificates of levy, sale and redemption
records on which they are entered satisfied or not satisfied, and number of
case. The defendant's index shall be ruled and printed in the same manner
as the plaintiff's except the parties shall be reversed.
3. Proper books of record, with indices, showing the names
of all parties to any action or judgment therein recorded,
with a reference to the page where it is recorded.
4. A judgment docket, in which all final
judgments (except child support orders as hereinafter provided) shall
be minuted at the time they are entered, or within 60 days
thereafter in alphabetical order, by the name of every person against whom
the judgment is entered, showing, in the proper columns ruled for
that purpose, the names of the parties, the date, nature of the judgment,
amount of the judgment and costs in separate items,
for which it is issued, to whom issued, when returned, and the manner of
its enforcement; a blank column shall be kept in which
may be entered a note of the satisfaction or other disposition of the judgment
or order and when satisfied by enforcement or otherwise, or set aside or
enjoined; the clerk shall enter a minute thereof in such column, showing
how disposed of, the date and the book and page, where the evidence thereof
is to be found. In the case of child support orders or modifications of
such orders entered on or after May 1, 1987, the clerk shall minute such
orders or modifications in the manner and form provided herein but shall
not minute every child support installment when due or every child support
payment when made. Such dockets may be searched by persons, at all reasonable
times without fee.
5. A fee book, in which shall be distinctly set down, in
items, the proper title of the cause and heads, the cost of each action,
including clerk's, sheriff's and witness' fees, stating the name
of each witness having claimed attendance in respect of the trial
or hearing of such action with the number of days attended. It shall
not be necessary to insert the cost in the judgment; but whenever an action is
determined and final judgment entered, the costs of each party litigant
shall be made up and entered in such fee book, which shall be considered a
part of the record and judgment, subject, however, at all times to be
corrected by the court; and the prevailing party shall be considered as
having recovered judgment for the amount of the costs so taxed in his or
her favor, and the same shall be included in the certified copy of such
judgment, and a bill thereof accompanying certified copy of the judgment.
If any clerk shall issue a fee bill or a bill of costs,
with the certified copy of the judgment without
first entering the same in the fee book, or if any such bill
of costs or fee bill shall be issued which shall not be in substance a copy
of the recorded bill, the same shall be void. Any person having paid such
bill of costs or fee bill, may recover from the clerk the amount thereof,
with costs of the action, in any circuit court.
6. Such other books of record and entry as are provided by law, or
may be required in the proper performance of their duties. All records,
dockets and books required by law to be kept by such clerks shall be deemed
public records, and shall at all times be open to inspection without fee or
reward, and all persons shall have free access for inspection and
examination to such records, docket and books, and also to all papers on
file in the different clerks' offices and shall have the right to take
memoranda and abstracts thereto.
(Source: P.A. 85-1156.)
Notes of Decisions
Cited in 44
cases (3 in the last 5 years), 1993–2026 · leading case: People v. Vara
People v. Vara (2018)
“¶ 26 Our dissenting colleagues disagree, and they rely on section 16(5) of the Act ( 705 ILCS 105/16(5) (West 2012) ) as support for the assertion that the clerk's assessments are considered part of the judgment.”
Camco, Inc. v. Lowery (2005)
“Section 16(6) of the Clerks of Courts Act provides: “All records, dockets and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to inspection without fee or reward, and all persons shall have free access for inspection…”
Skolnick v. Altheimer & Gray (2000)
“In Illinois, the state legislature codified the public’s right to review judicial records in section 16(6) of the Clerks of the Courts Act (705 ILCS 105/16(6) (West 1998)): “All records, dockets and books required by law to be kept by such clerks shall be deemed public records,…”
People v. Vara (2019)
“705 ILCS 105/16(5) (West 2014). ¶ 44 As Justice Thomas notes, section 16 of the Clerks of Courts Act requires the circuit clerk to maintain a fee book, which shall be considered part of the record and judgment, subject to the correction of the court.”
People v. Cornelius (2004)
“” 705 ILCS 105/16(6) (West 2002). Thus, all information in defendant’s court file, including any personal information with respect to defendant, is available for inspection by anyone in the world.”
People v. Kelly (2009)
“Third, there is a statutory right of access, created by our state legislature, as part of the Illinois Clerks of Courts Act (705 ILCS 105/16 (6) (West 2008)). Pelo, 384 Ill.”
People v. Grochocki (2003)
“" 705 ILCS 105/16(6) (West 2000). This provision encompasses a circuit court's judgment docketan instrument "intended to afford full and complete information to all the world.”
People v. Zimmerman (2018)
“Intervenors filed a notice of interlocutory appeal under Illinois Supreme Court Rule 307(a)(1) (eff.”
Doe v. Carlson (1993)
“In response, plaintiff asserts that courts have inherent powers to modify orders of impoundment and that the right to the issuance of a writ is premised upon the public’s right to inspect and copy judicial documents as recognized at common law and by Illinois statutes.”
Ap v. Mee (2004)
“02 CH 16157 and 03 CH 13908, arguing the files are public under the common law, the Clerks of Courts Act (705 ILCS 105/16(6) (West 2002)), and the first amendment.”
In Re Gee (2010)
“¶ 23 Our state legislature created a statutory right of access as part of the Clerks of Courts Act (705 ILCS 105/16(6) (West 2008)): "All records, dockets[,] and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to…”
A.P v. M.E.E. (2004)
“02 CH 16157 and 03 CH 13908, arguing the files are public under the common law, the Clerks of Courts Act (705 ILCS 105/16(6) (West 2002)), and the first amendment.”
— 705 ILCS 105/16(5) — 4 cases
People v. Vara (2018)
“¶ 26 Our dissenting colleagues disagree, and they rely on section 16(5) of the Act ( 705 ILCS 105/16(5) (West 2012) ) as support for the assertion that the clerk's assessments are considered part of the judgment.”
People v. Vara (2019)
“705 ILCS 105/16(5) (West 2014). ¶ 44 As Justice Thomas notes, section 16 of the Clerks of Courts Act requires the circuit clerk to maintain a fee book, which shall be considered part of the record and judgment, subject to the correction of the court.”
People v. Breeden (2014)
People v. Breeden (2014)
— 705 ILCS 105/16(6) — 35 cases
Camco, Inc. v. Lowery (2005)
“Section 16(6) of the Clerks of Courts Act provides: “All records, dockets and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to inspection without fee or reward, and all persons shall have free access for inspection…”
Skolnick v. Altheimer & Gray (2000)
“In Illinois, the state legislature codified the public’s right to review judicial records in section 16(6) of the Clerks of the Courts Act (705 ILCS 105/16(6) (West 1998)): “All records, dockets and books required by law to be kept by such clerks shall be deemed public records,…”
People v. Cornelius (2004)
“” 705 ILCS 105/16(6) (West 2002). Thus, all information in defendant’s court file, including any personal information with respect to defendant, is available for inspection by anyone in the world.”
People v. Grochocki (2003)
“" 705 ILCS 105/16(6) (West 2000). This provision encompasses a circuit court's judgment docketan instrument "intended to afford full and complete information to all the world.”
People v. Zimmerman (2018)
“Intervenors filed a notice of interlocutory appeal under Illinois Supreme Court Rule 307(a)(1) (eff.”
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