Summary
The Illinois Appellate Court, Third District, held that a self-represented litigant granted a fee waiver under Illinois Supreme Court Rule 298 and 735 ILCS 5/5-105 is entitled to a waiver of transcript costs necessary for an appeal. The court adopted the Second District's analysis in In re Marriage of Main and answered the certified question affirmatively. The cause was remanded for the circuit court to determine which transcripts were necessary and provide them without charge.
Topics
Practice areas
Questions Presented
- Whether court costs under 735 ILCS 5/5-105 include the cost of transcripts necessary for an appeal when a litigant has received a fee waiver under Illinois Supreme Court Rule 298.
- Whether the circuit court must determine which requested transcripts are necessary for the appeal and provide those transcripts without charge.
Holdings
- A self-represented indigent litigant who has been granted a fee waiver under 735 ILCS 5/5-105 is entitled under Illinois Supreme Court Rule 298 to a waiver of the costs of transcripts necessary for an appeal.
- The waiver extends only to transcripts the circuit court determines are necessary for the appeal.
Key quotations
“Accordingly, we conclude, as did the Main court, that “a self-represented litigant who has been granted a waiver of fees under section 5-105 is entitled to a waiver of transcript costs under Rule 298, which provides that waivable fees are those set out in section 5-105(a)(1).”” (¶ 17)
“We answer the certified question of the circuit court of Will County in the affirmative and remand the cause for further proceedings in which the circuit court is to (1) determine which transcripts are necessary to Summers’ appeal and (2) provide those transcripts to him without charge and without delay.” (¶ 20)
Factual background
In June 2024, the circuit court entered an allocation judgment designating Catlin as the majority-time parent and granting Summers specified parenting time. Summers later obtained a full waiver of court fees under Illinois Supreme Court Rule 298 because he received means-based public benefits. After filing an appeal, he learned that transcripts for the record would allegedly cost $19,998.50 and sought a waiver of those costs.
Procedural history
The Will County circuit court entered an allocation judgment involving Summers, Catlin, and their minor child. After Summers received a full fee waiver under Rule 298 and appealed, he sought a waiver of approximately $19,998.50 in transcript costs. The circuit court denied the request but certified a question under Rule 308. The Appellate Court of Illinois granted leave to appeal, answered the certified question affirmatively, and remanded with directions.
Remand instructions
The circuit court must determine which transcripts are necessary for Summers's appeal and provide those transcripts to him without charge and without delay.