HOW TO ASK THE JUDGE TO PARTICIPATE IN A
COURT CASE FOR FREE OR AT A REDUCED COST
NOTE: If there are any words or terms used in these o You are responsible for knowing if there are other
instructions that you do not understand, please visit deadlines to file documents.
Illinois Legal Aid Online at
illinoislegalaid.org/lexicon/glossary. For more information How do I prove I cannot afford to pay court fees?
about going to court including how to fill out and file The judge may require you to prove the information in
forms, call or text Illinois Court Help at 833-411-1121 or your Application. If you get public benefits you may want
go to ilcourthelp.gov. to bring proof of current eligibility and benefits statement
from the agency providing the benefit.
Who can ask the judge to participate in a court case
Examples of public benefits are:
for free or at a reduced cost?
o Supplemental Security Income (SSI) (Not Social
Anyone who must pay a fee as part of a court case. You
Security)
can ask for yourself, your minor child, or an incompetent
adult, but not for anyone else. o Aid to the Aged, Blind, and Disabled (AABD)
o Temporary Assistance to Needy Families (TANF)
How will I know if there is a fee? o SNAP (Food Stamps)
The Circuit Clerk can tell you if there is a fee for filing a o General Assistance (GA), Transitional Assistance, or
document with the court. Other fees might come up State Children & Family Assistance
during the case. For example, the judge might tell you
about a fee or the sheriff’s department might tell you If you do not get public benefits, you may want to bring
documents showing your income, value of belongings
about a fee for delivering (serving) court papers.
(for example, real estate), and expenses.
What forms do I need to fill out?
What happens if my Application is granted?
o Application for Waiver of Court Fees: Is used to Depending upon your circumstances, the judge may
tell the judge whether you get any public benefits order that:
and your income and expense information so they
can decide if you can participate in a court case for o You may participate for free;
free or at a reduced cost. The email address (if you o You must pay 25% of any fee charged;
have one) and mailing address you put on the o You must pay 50% of any fee charged; OR
Application is where important legal documents will o You must pay 75% of any fee charged.
be sent to you. You should use an email account
that you do not share with anyone else and that you If my Application is granted, will I ever have to pay
check every day. If you do not check your email fees?
every day, you may miss important information,
notice of court dates, or documents from other o If the judge grants your Application and later decides
parties. that the information you put in your Application was
incorrect and you were ineligible, the judge can
o Order for Waiver of Court Fees: Is used by the make you pay back any fees that were waived.
judge to say your application is granted or denied.
o If the court believes that your financial situation has
Where can I find the forms I need? changed and you are no longer eligible for a full or
partial fee waiver, the court can hold a hearing to
o You can find forms at: ilcourts.info/forms. decide whether you are still eligible. If you are no
longer eligible, you will have to pay future fees.
Do I have to pay to file an Application for Waiver of
Court Fees? o If the court decides you do not have to pay all or
some of the court fees and you win your case and
No, there is no cost for filing an Application for Waiver of get money from the other side, the court may make
Court Fees. you use all or part of this money to pay the court
fees.
Is there a deadline for filing an Application for
Waiver of Court Fees? When does my fee waiver expire?
o No. You can file an Application for Waiver of Court It is good for one year. If you still need the fee waiver
Fees at any time during the court case. after it expires, you will need to file a new Application.
o It might take the judge a couple of days to review However, this does not mean you have to pay back fees
your application and to decide whether you have to that were already waived.
pay fees, so don’t wait until the last minute.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
WA-I 602.8 Page 1 of 2 (09/23)
What do I do after I fill out the Application for Waiver • Bring or send your signed court forms and at
of Court Fees and Order for Waiver of Court Fees? least two copies of your forms to the Circuit
Step 1: File your Application for Waiver of Court Clerk’s office. Ask them to stamp your copies
Fees and Order for Waiver of Court Fees with the and return them to you.
Circuit Clerk in the county where your court case • If you need to make copies of your forms, you
was filed. can do that at the Circuit Clerk’s office. They
o After you fill out your court forms, file them with the may charge you to make copies.
Circuit Court Clerk. This is done by electronic filing, • If you mail your court forms to the Circuit Clerk’s
called ‘e-filing’. You do not have to e-file if: office, include a stamped envelope addressed
• you qualify for an exemption or to you. The Circuit Clerk will file your forms
then send your copies back to you in the
• your case involves a criminal matter.
envelope.
o Most people e-file their forms using Odyssey eFileIL
Step 2: Wait for a decision.
at ilcourts.info/efile.
o The judge will review your Application for Waiver of
o Follow step-by-step instructions and watch videos
Court Fees and decide whether you have to pay the
that walk you through the steps for e-filing at
court fees.
ilcourts.info/EfileHowTo.
o The judge may need more information from you. The
o E-filing may not work on a cell phone or tablet. You
judge may want to have a hearing on your
may need to use a computer to e-file.
Application. The judge will notify you if you need to
o If you do not have access to a computer or if you give more information or documents, or if you have
need help e-filing, take your completed forms to a to go to court.
public library, or a Circuit Clerk, Appellate Clerk, or
o Your court date could be in person, by phone, or by
Supreme Court Clerks’ office. These places offer
video. If it is by phone or video it is called a “Remote
public computers where you can e-file your forms.
Appearance.” Call the Circuit Clerk or visit their
Librarians and courthouse staff are not able to
website for more information. To find the phone
provide legal advice.
number for your Circuit Clerk, visit
• You can bring your forms on paper or saved on ilcourts.info/CircuitClerks.
a flash drive. The public computer will have a
• If your court date is by phone or video:
scanner where you can turn your paper forms
into electronic files. Make sure to have the call-in or login
information for your court date and make
o Some people are exempt from e-filing, which means
sure your technology is working.
they can file paper forms at the courthouse or by
mail. People who do not have to e-file are: Follow the instructions on the court notice
you received. Call the Circuit Clerk or Circuit
• inmates in prison or jail who do not have a
Court or visit their websites for specific
lawyer
technology instructions.
• people with a disability that keeps them from e- Follow these recommendations to appear by
filing phone or video:
o You may also qualify for an exemption from e-filing ilcourts.info/AllRemoteCourtResources.
if: o After the judge decides, they will fill out the Order for
• You do not have Internet or computer access in Waiver of Court Fees. This Order will say if you have
your home, and it is hard for you to travel. to pay any court fees.
• You have trouble reading, writing, or speaking o The judge or the Circuit Clerk will tell you:
English. • How you will get a copy of the Order for Waiver
• You are filing documents in a sensitive case, of Court Fees.
such as an order of protection. • When you will get a copy of the Order for Waiver
• You tried to e-file your forms, but you were not of Court Fees.
able to because the equipment or help you o If the judge decides you have to pay all or some of
needed was not available. the court fees, you have to pay by the deadline set
o To ask for an exemption from e-filing, use the form at in the Order for Waiver of Court Fees. If you do not
ilcourts.info/ExemptionCircuit. If you can’t print this pay by the deadline, the judge may dismiss your
form, then ask for it at your local courthouse. case or enter a judgment against you.
• File your Certification for Exemption from E-
Filing form with your other court forms at the
Circuit Clerk's office or by mail.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
WA-I 602.8 Page 2 of 2 (09/23)
