Understanding Civil Court Records in Illinois

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    In Illinois, civil court records are generated by state courts that manage private disputes, known as civil cases. Unlike criminal cases, which can necessitate penalties like imprisonment or probation, civil cases aim to award monetary damages for wrongs or injuries, or to offer equitable remedies where a financial award is not suitable.

    Civil court records in Illinois are maintained by the judiciary and include extensive information about civil cases filed in the state. Circuit courts keep these records to maximize accessibility to the civil court system, foster governmental accountability, safeguard individual privacy rights and interests, and preserve materials essential for appellate review and case law development.

    Access to civil court records is governed and guided by Illinois laws and court rules.

    Civil Court Record Statistics Reported by Illinois Courts

    According to the Illinois Annual Reports, the circuit courts received 1,505,852 new cases in 2023, with 342,439 (22.7%) representing the courts' new civil filings. Of this civil caseload total, the most common filings were linked to the following case types:

    • Small Claims: 77,776
    • Law Magistrate (claims < $50,000): 66,658
    • Eviction: 64,313
    • Family: 59,380
    • Miscellaneous Remedy: 22,842
    • Law (claims > $50,000): 24,419

    In the same year, the circuit courts also disposed of (closed) 1,327,223 cases, 337,424 of which were civil matters.

    At the appellate level, Illinois appellate court districts received 2,871 new civil appeals and closed 2,611 of such cases in 2023. The Illinois Supreme Court reported 1,648 case filings and 1,788 dispositions in the same year. Of the Supreme Court's filings, 960 were Petitions for Leave to Appeal, with 350 being civil appeals.

    How Civil Records Differ from Criminal Records in Illinois

    Civil records differ significantly from criminal court records. For one, the nature of the underlying proceedings (cases) that cause their creation is distinct. Civil cases-where civil records originate-resolve noncriminal disputes or claims between two or more parties, which can include private citizens, private or independent companies, public officials, trusts and estates, government departments, financial institutions, labor organizations, or professional entities. Conversely, criminal court records stem from charges brought by the government against persons accused or suspected of criminal activity.

    Further distinctions between these two record types in Illinois are highlighted in the table below.

    Category

    Civil Court Record

    Criminal Court Record

    Objective

    Remedy a wrong, harm, or injury, declare or establish a right/obligation, or prohibit or compel conduct

    Punish offenses that violate state law or municipal ordinance (e.g., homicide, robbery, battery, theft)

    Applicable Law or Procedural Rule

    735 ILCS 5/ Code of Civil Procedure; Illinois Supreme Court Rules

    725 ILCS 5/ Code of Criminal Procedure; Supreme Court Rules

    Case Title

    Plaintiff v. Defendant

    State of Illinois v. Defendant

    Potential Remedies/ Outcomes

    Monetary damages, injunctions, declaratory relief, return of property orders, custody determinations

    Dismissal, acquittal, or conviction (resulting in jail/prison, fines, probation)

    Record Accessibility

    Broadly open to the public, with limitations on sensitive or sealed information

    Publicly accessible, but sealed/expunged cases, juvenile proceedings, materials that could jeopardize fair trial rights, and ongoing investigations are restricted

    Structure of the Civil Court System in Illinois

    The Illinois Judicial Branch oversees the state's circuit court system. Most civil cases are first heard in the Circuit Courts, Illinois's trial courts of general jurisdiction. According to Article VI, Section 9 of the Illinois Constitution, these courts adjudicate all justiciable matters (civil, criminal, and traffic), excluding those limited cases (revenue, mandamus, prohibition, and habeas corpus) for which the Supreme Court exercises original jurisdiction.

    The Illinois circuit court system is structured as follows:

    • 25 judicial circuits for the 102 counties. Each circuit covers 1 to 12 counties. The single county circuits are Cook, DuPage, Kane, Lake, McHenry, St. Clair, and Will.
    • Circuits may feature divisions (e.g., Family, Law, and Chancery) that address particular matters.
    • Circuit clerks handle the courts' administrative tasks, including functioning as the official record keeper. Every Illinois county has its own circuit clerk's office.
    • Circuit judges and associate judges preside over circuit court proceedings.
    • Each judicial circuit is located within one of the five appellate court districts.
    • Appeals from circuit court cases are made to the appellate court in the relevant district, or in certain instances, directly to the Illinois Supreme Court.

    Civil proceedings in the circuit courts follow a legal process distinct from criminal proceedings. Further, accessibility and retention policies for the court case records differ.

    Public Access to Civil Court Documents in Illinois

    Although the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) fosters public access to many records of the government, it does not extend to the offices of the judicial branch. This includes the circuit, appellate, and supreme courts, judges, and circuit clerk's offices.

    Despite this exclusion, other Illinois laws and Supreme Court Rule 8 presume court records, including civil court documents, to be publicly accessible. Consequently, any person can request to inspect or copy court records from the Illinois Judicial Branch.

    However, exemptions apply to sealed, impounded, or confidential information, such as adoption records, mental health proceedings, psychological and medical records, abuse and neglect records, and other documents/information mentioned in 5 ILCS 140/7.

    How to Lookup Illinois Civil Court Records

    The Illinois circuit courts offer several avenues through which the public can obtain civil records.

    Online

    Public civil case information is available via online case management portals on circuit clerks' websites. Examples include

    Online searches for Illinois case records typically require a name, business name, or case number. Viewing case information online is free, but images or copies of filed documents require direct requests to the relevant circuit clerk or a state-approved vendor, with fixed rates applied.

    The Illinois Judicial Branch also provides an online central document repository, managed through a private vendor, for accessing case information and documents in all 102 Illinois counties.

    In Person

    Public access terminals located in courthouses across Illinois allow free viewing of nonexempt case information and documents during normal business hours. However, there are fees for copies of case documents, which vary by court, page count, and copy type (plain, exemplified, or certified). A search fee may apply if circuit clerk staff conduct the search.

    Via Email

    Some clerks, such as those in Winnebago and Madison counties, offer online forms for emailing case document requests. Emailing the clerk's office is free, but the requester will be liable for the associated copy costs. If no form is available, individuals can still email the clerk's office with a request, providing as much detail as possible (e.g., case number, approximate year, party name, case type)

    By Mail

    Individuals may mail a written request to the circuit clerk's office of the presiding court, including sufficient details about the record. Some clerks also offer mail-in copy request forms on their websites (See request form from the Grundy County Circuit Clerk's Office).

    Mail inquiries generally require a self-addressed stamped envelope and the appropriate fees for copy, certification, or postage charges. For accurate fee amounts, one should contact the clerk's office.

    Types of Civil Cases Filed in Illinois Courts

    Below are some civil case types handled by Illinois courts and their respective filing divisions (where applicable).

    Case Category

    Filing Division

    Action Type or Description

    Chancery (CH)

    Civil or Chancery Division

    Matters of equity, such as injunction, declaratory judgment, specific performance, detinue, class action, mortgage foreclosure, and exhumation

    Dissolution w/wo Children (DC/ DN)

    Family or Domestic Relations Division

    Divorce, legal separation, invalidity/annulment, dissolution of civil union

    Family (F/FA)

    (for unmarried parents)

    Family or Domestic Relations Division

    Paternity (parentage), support, custody, visitation

    Law (L/LA)

    Civil or Law Division

    Money claims (damages) over $50,000. Examples include breach of contract, tort, asbestos, and replevin

    Law Magistrate (LM)

    Civil Division

    Money claims over $10,000 and up to $50,000

    Small Claims (SC)

    Civil Division

    Money claims under $10,000

    Probate (P/PR)

    Probate or Civil Division

    Administration of estates of decedents, minors and wards, and incapacitated persons; claims against estates; will contests

    Adoption (AD)

    Filed in the County Division in Cook County.

    Other counties hear adoptions in their Civil or Family Divisions.

    Proceedings to legally establish or terminate a parent-child relationship

    Information Captured in Illinois Civil Court Files

    Illinois civil court files capture a comprehensive overview of civil proceedings conducted in the state. These records are preserved by the circuit clerk's office in the county where a case was initiated. The contents of each court file differ based on the nature and course of the proceedings, with some examples provided below.

    • Complaints, including amended complaints, counterclaims, and cross claims
    • Affidavits
    • Answers
    • Motions
    • Briefs
    • Testimonies
    • Transcripts
    • Jury verdicts
    • Court orders and judgments
    • Notices, including notices of publications and appeals

    As mentioned, civil court files can be inspected by any member of the public, with the exception of information or records deemed confidential by law, court rule, or court order. For example, personal identifiers, such as financial account numbers and Social Security numbers, are redacted before public release.

    Retention and Archiving of Civil Court Records in Illinois

    Illinois civil courts follow the Illinois Supreme Court's Manual on Recordkeeping, which includes the Manual on Recordkeeping (RKM) and the Cook County Manual on Recordkeeping (Cook RKM), for uniform record creation, management, and retention.

    The RKM defines key record types that apply to civil matters:

    • Record Sheet: Chronological log of all filed documents, orders entered, and proceedings held in a case.
    • Basic Record: Original trial court record, comprising
      • All documents (paper or electronic) filed in a case, with specific exclusions like exhibits received during a hearing/trial.
      • The Record Sheet and, for estates, the Additional Record Sheet.
    • Indexes
    • Wills
    • Security Record: Copy of specified parts of the Basic Record to prevent the loss/destruction of irreplaceable documents.
    • Permanent Record: Copy of the original record on a Supreme Court-approved medium.

    Indexes, wills (original form), and the Permanent Record are never destroyed. However, the Security Record may be destroyed after the Basic Record is returned (after temporary removal from the clerk's office), and the Basic Record of a case may be destroyed per schedule:

    • Small Claims: 3 years after disposition.
    • Civil, Family, Order of Protection (OP), and Juvenile Abuse and Neglect cases: 2 years after disposition, but after permanent filming.
    • Trust Administration Cases and Estates: By court order, but after permanent filming.

    Cook County-specific record retention schedules are in the Cook RKM.

    Many civil records in Illinois are retained permanently by circuit clerks' offices, enabling case searches in the county of filing. Some older records may be microfilmed at the State Archives.

    References and Official Resources