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This information is for the Legal Aid community serving Cook County. We hope the information below will help your organizations and clients with this transition to e-Filing on July 1, 2018.
Where to Send Self Represented Litigants for Help
At the Daley Center (50 W Washington St, Chicago, IL 60602), all pro se litigants who need e-filing assistance should be directed to LL-12 (Lower Level). The Clerk’s office has a large e-filing self-help center with many computers and scanners. These are available at no cost. The computers in LL-12 are not hooked up to printers. The computers do not have Adobe or Microsoft Office installed. Without that hardware/software, it may be hard for pro se litigants to create new documents or fill out online forms. To avoid delays, encourage pro se litigants to fill out forms ahead of time. Remind them to bring paper copies with them to LL-12 where they can be scanned at no cost. Printers are available for use in the Law Library on the 29th floor for a fee. If you encounter pro se litigants who may struggle to use and access the technology necessary to e-file, consider sharing information about the E-Filing Exemption Certificate.
Self represented litigants may also visit Illinois Court Help for live e-filing assistance.
E-Filing Exemption
Supreme Court Rule 9(c)(4) permits for paper filing in the following situations:
- No computer or Internet access in the home and travel presents a hardship (financial or otherwise)
- Disability (as defined by the ADA) that prevents e-filing
- Low literacy
- Limited English proficiency
- Sensitive filing (e.g., Order of Protection) – This is the only category that applies to both pro se litigants and attorneys
To paper file, include a copy of the Exemption Certificate with the documents to be filed. These need to be taken to the courthouse. Paper filings will be accepted in the Clerk’s office for each division (not in the LL-12 e-filing center). Unlike a 298 Petition, there is no hearing or judicial determination made. The exemption should be automatic. A new Certificate must be included with each separate filing.
Choosing an Electronic Filing Service Provider (EFSP)
The e-filing system can be accessed through several EFSPs. All of them will ultimately transmit your filing to the Court, but they have different interfaces and offer different services. You do not need to commit to any single EFSP. You can rotate between any or all of them. Please be aware that many of them charge fees for filing or additional services. The AOIC has prepared a summary chart of these costs and services. CLSP certificates do not apply to third-party e-filing vendor fees.
The only completely free EFSP is Odyssey File & Serve. This was developed by the same vendor responsible for the statewide e-filing system and Cook County’s new case management system (Tyler Technologies).
Filing as a Civil Legal Services Provider (CLSP)
To file as a CLSP, you will need to follow these steps:
- Create a new Payment Account and select “Waiver” as your method of payment. You will be prompted to name the account.
- Follow the steps for e-filing a document.
- Upload your primary document as the “Lead Document.”
- Upload a completed CLSP certificate as an “Attachment” to your filing. Please note, the new e-filing system will not automatically generate the CLSP form. You must fill it out and upload it as a separate document with each filing. If you do not, your filing may be rejected.
- Select your named “Waiver” account as the payment method.
- Once you (or your firm administrator) has created a “Waiver” account, you can skip Step 1 and use that account for all future filings.
Filing with a 298 Application for [no-lexicon]Waiver[/no-lexicon] of Court Fees
To request a waiver of court fees pursuant to SCR 298, a litigant will need to follow these steps:
- Create a new Payment Account and select “Waiver” as the method of payment. The litigant will be prompted to name the account.
- Follow the steps for e-filing a document. Use an automated program to create a Waiver of Court fees to file here
- Upload the primary document as the “Lead Document.”
- Upload the completed 298 Application certificate as an additional “Lead Document”. Do not upload as an Attachment, or the filling may be rejected.
- Select the named “Waiver” account as the payment method.
- Appear for an in-person hearing on the 298 Application. We anticipate a General Order will be signed shortly outlining the process for how the in-person hearings will take place. Please be on the lookout for that information, as the process may change from the current practice. (6/29/18)
- Upload the approved 298 Order with each subsequent filing into the case. If that Order is not included each time, the filing may be rejected.
298 Application for Waiver of Court Fees can also be filed in person or mailed.
To see how much of a fee waiver you are eligible for, you can take a look at the Illinois courts monthly and annual income thresholds. You can read the Illinois Judicial Branch Guidelines for a more in-depth analysis of how the Court decides to apply fee waivers.
Other E-Filing Tips
- You must enter your Cook County Attorney Code in the “Case Cross Reference Number” field. If you do not, your filing may be rejected.
- If you mark your filing as “confidential,” you will need to include a court order to that effect. Otherwise, your filing may be rejected.
- The case management system and the e-filing system are not yet integrated. When filing into an existing case, you may need to input the case information manually until that integration is complete.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the Legal Professionals library, sponsored by Quilling, Selander, Lownds, Winslett & Moser.
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