Ill. S. Ct. R. 298

(a) Contents. An application for waiver of court fees, costs, and charges in a civil action

pursuant to 735 ILCS 5/5-105 shall be in writing and signed under penalty of perjury by the

applicant or, if the applicant is a minor or an incompetent adult, by another person having

knowledge of the facts.

(1) An applicant shall use the “Application for Waiver of Court Fees” form approved by

the Illinois Supreme Court and the Supreme Court Commission on Access to Justice, which

includes a certification under 735 ILCS 5/1-109.

(2) The contents of the Application must be sufficient to allow a court to determine whether

an applicant qualifies for full or partial waiver of fees, costs, and charges pursuant to 735 ILCS

5/5-105, and shall include information regarding the applicant’s household composition,

receipt of need-based public benefits, income, expenses, and nonexempt assets.

(b) Filing.

(1) No fee may be charged for filing an Application for Waiver of Court Fees.

(2) The clerk must allow an applicant to file an Application for Waiver of Court Fees

in the court where the applicant’s case will be heard.

(3) Applications for Waiver of Court Fees by persons who are exempt from electronic

filing under Rule 9(c) may be filed in-person at the clerk of court or by United States mail,

third-party commercial carrier, deposit in a drop box receptacle maintained by the clerk, or

any other means permitted by the local court. All other Applications for Waiver of Court

Fees shall be electronically filed.

(4) Upon filing, the clerk shall promptly transmit an Application for Waiver of Court Fees

to the judge assigned to rule on it.

(c) Decision of Application. Applications shall be decided as soon as reasonably possible in

accordance with the following procedure:

(1) The court shall enter an order ruling on the Application on the basis of the information

contained on the face of the Application form, without conducting a hearing, unless the court

determines that relevant sections of the Application are incomplete or give rise to a factual issue

regarding the applicant’s satisfaction of the conditions for a waiver under 735 ILCS 5/5105(b).

(2) If the court determines that relevant sections are incomplete or there is a factual issue

regarding the applicant’s entitlement to a waiver, outright denial is not permitted. The applicant

must be notified of the deficiencies and given the opportunity to amend the Application and/or be

given a remote hearing in accordance with Rule 45 and any Supreme Court policy on remote court

appearances, unless the applicant requests an in-person hearing or will already be present in the

courthouse on the date of the hearing. The court shall enter an order stating: (i) the specific eligibility

questions that necessitate a hearing; (ii) what documents, if any, must be submitted in support of the

Application at or before the hearing, and how to submit them; and (iii) the date and time for a remote

hearing unless the applicant requests an in-person hearing, and the remote hearing meeting ID and

password or courtroom location, if requested to be in-person. Any hearing on the Application for

Waiver of Court Fees shal l be scheduled promptly, with due regard for the need to provide

reasonable notice to the applicant, but within 30 days of filing.

(3) An order deciding an Application, with or without a hearing, or scheduling a hearing

shall use the “Order for Waiver of Court Fees” form approved by the Illinois Supreme Cou rt

and the Supreme Court Commission on Access to Justice. The court’s ruling on an Application

for Waiver of Court Fees shall be made according to standards set forth in 735 ILCS 5/5-105.

If the Application is denied, the court shall enter an order to that effect specifying the reasons

for the denial. As provided in the form Order, if the court determines that the conditions for a

full fees, costs, and charges waiver under 735 ILCS 5/5-105(b)(1) are satisfied, it shall enter

an order permitting the applicant to sue or defend without payment of fees, costs or charges. If

the court determines that the conditions for a partial fees, costs, and charges waiver under 735

ILCS 5/5-105(b)(2) are satisfied, it shall enter an order permitting the applicant to sue or defend

after payment of a specified percentage of fees, costs, or charges. If an Application for a partial

fees, costs, and charges waiver is granted, and if necessary to avoid undue hardship on the

applicant, the court may allow the applicant to defer payment of fees, costs, and charges, make

installment payments, or make payment upon reasonable terms and condit ions stated in the

order.

(4) The clerk shall provide one or more options for the applicant to obtain the court’s ruling

on the Application, including but not limited to mailing a copy of the court’s ruling to the

address on the Application or providing n otification by e-mail or text as requested by the

applicant.

(d) Document Retention. Any document ordered to be submitted in support of an Application

shall be treated by the clerk as a sealed document.

(f) Cases involving representation by civil legal services provider or lawyer in court -

sponsored pro bono program. In any case where a party is represented by a civil l egal services

provider or attorney in a court-sponsored pro bono program as defined in 735 ILCS 5/5-105.5, the

attorney representing that party shall file a certification with the court, and that party shall be

allowed to sue or defend without payment of fees, costs or charges as defined in 735 ILCS 5/5 -

105(a)(1) without necessity of an Application under this rule. Instead, the attorney representing

the party shall file a certification prepared by utilizing, or substantially adopting the appea rance

and content of, the form provided in the Article II Forms Appendix.