Illinois Compiled Statutes
Chapter 705 - COURTS
705 ILCS 505/ - Court of Claims Act.

(705 ILCS 505/1) (from Ch. 37, par. 439.1)
Sec. 1.
The Court of Claims, hereinafter called the court, is created.
It
shall consist of 7 judges, who are attorneys licensed to practice law in
the State of Illinois, to be appointed by the Governor by and with the advice
and consent of the Senate, one of whom shall be appointed chief justice.
In case of vacancy in such office during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of the Senate,
when he shall nominate some person to fill such office. If the Senate is
not in session at the time this Act takes effect, the Governor shall make
temporary appointments as in case of vacancy.

(Source: P.A. 84-1240.)

(705 ILCS 505/2) (from Ch. 37, par. 439.2)
Sec. 2.

Upon the expiration of the terms of office of the incumbent judges
the Governor shall appoint their successors by and with the consent of the
Senate for terms of 2, 4 and 6 years commencing on the third Monday in
January of the year 1953. Of the 2 new members first appointed after the
effective date of this amendatory Act of 1983, one shall be appointed to
an initial term ending the third Monday in January, 1986, and one shall
be appointed to an initial term ending on the third Monday in January, 1988.
Of the 2 members first appointed after the effective date of this
amendatory Act of 1986, one shall be appointed to an initial term ending
the third Monday in January, 1989, and one shall be appointed to an initial
term ending on the third Monday in January, 1991.
After the expiration of the terms of the judges
first appointed, each of
their respective successors shall hold office for a term of 6 years and
until their successors are appointed and qualified.

(Source: P.A. 84-1240.)

(705 ILCS 505/3) (from Ch. 37, par. 439.3)
Sec. 3.

Before entering upon the duties of his office, each judge shall
take and subscribe the constitutional oath of office and shall file it with
the Secretary of State.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/4) (from Ch. 37, par. 439.4)
Sec. 4.
Each judge shall receive an annual salary of:
$20,900 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$22,100 from the third Monday in January, 1980 to the third Monday in January,
1981; $23,400 from the third Monday in January, 1981 to the third Monday
in January, 1982, and $25,000 thereafter, or as set by the Compensation Review
Board, whichever is greater, payable in equal
monthly installments.

(Source: P.A. 83-1177.)

(705 ILCS 505/5) (from Ch. 37, par. 439.5)
Sec. 5.
The court shall have a seal with such device as it may order.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/6) (from Ch. 37, par. 439.6)
Sec. 6.

The court shall hold sessions at such places as it deems necessary to
expedite the business of the court.

(Source: P.A. 90-492, eff. 8-17-97.)

(705 ILCS 505/6.5)
Sec. 6.5.
Court of Claims Administration and Grant Fund.
The Court of
Claims may accept monetary gifts and grants from any source
for any purpose necessary or desirable in the exercise of
its powers or the administration of its duties upon such terms and conditions
as may be in the grant or gift. There is created in the State treasury the
Court of Claims Administration and Grant Fund. All moneys received under this
Section shall be deposited
into the Fund. Subject to appropriation by the General Assembly, moneys
in the Fund may be
used by the Court of Claims only for the purposes intended under the
gift or grant and any associated administrative expenses.

(Source: P.A. 89-670, eff. 8-14-96.)

(705 ILCS 505/7) (from Ch. 37, par. 439.7)
Sec. 7.
The court shall record its acts and proceedings.
The Secretary of
State, ex officio, shall be clerk of the court, but may appoint a deputy,
who shall be an officer of the court, to act in his stead. The deputy shall
take an oath to discharge his duties faithfully and shall be subject to the
direction of the court in the performance thereof.
The Secretary of State shall provide the court with suitable court
rooms, chambers, office space, and computer services
as are necessary and proper for the
transaction of its business.

(Source: P.A. 83-865.)

(705 ILCS 505/8)
(from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction; deliberation periods. The court shall have exclusive
jurisdiction to hear and determine the following matters:
(Source: P.A. 100-1124, eff. 11-27-18.)

(705 ILCS 505/8.5)
Sec. 8.5. (Repealed).

(Source: P.A. 95-18, eff. 7-30-07. Repealed by P.A. 97-618, eff. 10-26-11.)

(705 ILCS 505/9) (from Ch. 37, par. 439.9)
Sec. 9.
The court may:
A. Establish rules for its government and for the regulation of
practice therein; appoint commissioners to assist the court in such
manner as it directs and discharge them at will; and exercise such
powers as are necessary to carry into effect the powers granted in this
Section. Any Commissioner appointed shall be an attorney licensed to
practice law in the State of Illinois. The rules established hereunder
shall not be waived, and
any extension of time authorized by such rules shall only be
allowed on motion duly filed within the time limitation for which
the extension is requested.
B. Issue subpoenas through the Chief Justice or one of its judges or
commissioners to require the attendance of witnesses for the
purpose of testifying before it, or before any judge of the court, or
before any notary public, or any of its commissioners, and to require
the production of any books, records, papers or documents that may be
material or relevant as evidence in any matter pending before it. In
case any person refuses to comply with any subpoena issued in the name
of the chief justice, or one of the judges or commissioners, attested
by the clerk, with
the seal of the court attached, and served upon the person named therein
as a summons in a civil action is served, the circuit court of the
proper county, on application of the party at whose instance the subpoena
was issued, shall compel
obedience by attachment proceedings, as for contempt, as in a case of a
disobedience of the requirements of a subpoena from such court on a
refusal to testify therein.

(Source: P.A. 83-865.)

(705 ILCS 505/9.5)
Sec. 9.5. Gold Star and Fallen Heroes Families Assistance Program.
(a) Within the Court of Claims, there is established a Gold Star and Fallen Heroes Families Assistance Program, which is charged with the responsibility of assessing the needs of and providing information to Illinois Gold Star and Fallen Heroes Families with regard to claims filed pursuant to the Line of Duty Compensation Act.
(b) As used in this Section, "Gold Star and Fallen Heroes Family" means the family members of an

individual who was killed in the line of duty and who was employed or serving in a capacity defined in Section 2 of the Illinois Line of Duty Compensation Act.
(c) Toll-free helpline. The Gold Star and Fallen Heroes Families Assistance Program shall include a toll-free helpline dedicated to families seeking information about the Line of Duty Compensation Act, including, but not limited to, the status of claims filed pursuant to that Act. The helpline phone number and information about the Gold Star and Fallen Heroes Families Assistance Program shall be provided to each person filing a claim under the Line of Duty Compensation Act.
(d) On or before January 1 of each year, the Court of Claims shall report to the Governor, both houses of the General Assembly, and the Illinois Department of Veterans' Affairs the following information:
(Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; 96-1000, eff. 7-2-10.)

(705 ILCS 505/10) (from Ch. 37, par. 439.10)
Sec. 10.

The judges, commissioners and the clerk of the court may
administer oaths and affirmations, take acknowledgments of instruments in
writing, and give certificates of them.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/11) (from Ch. 37, par. 439.11)
Sec. 11. Filing claims.
(a) Except as otherwise provided in subsection (b) of this Section and
subsection (4)
of Section 24,
the claimant shall in all cases set forth fully in his petition
the claim, the action thereon, if any, on behalf of the State, what persons
are owners thereof or interested therein, when and upon what consideration
such persons became so interested; that no assignment or transfer of the
claim or any part thereof or interest therein has been made, except as
stated in the petition; that the claimant is justly entitled to the amount
therein claimed from the State of Illinois, after allowing all just
credits; and that claimant believes the facts stated in the petition to be
true. The petition shall be verified, as to statements of facts, by the
affidavit of the claimant, his agent, or attorney.
(b) Whenever a person has served a term of imprisonment and has received a pardon by the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned, the Prisoner Review Board shall transmit this information to the clerk of the Court of Claims, together with the claimant's current address. Whenever a person has served a term of imprisonment and has received a certificate of innocence from the Circuit Court as provided in Section 2-702 of the Code of Civil Procedure, the clerk of the issuing Circuit Court shall transmit this information to the clerk of the Court of Claims, together with the claimant's current address. The clerk of the Court of Claims shall immediately docket the case for consideration by the Court of Claims, and shall provide notice to the claimant of such docketing together with all hearing dates and applicable deadlines. The Court of Claims shall hear the case and render a decision within 90 days after its docketing.

(Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)

(705 ILCS 505/12) (from Ch. 37, par. 439.12)
Sec. 12.

The court or a commissioner may direct any claimant to appear,
upon reasonable
notice, before the court or one of its judges or commissioners
or before a notary
and be examined on oath or affirmation concerning any matter pertaining to
his claim. The examination shall be reduced to writing and be filed with
the clerk of the court and remain as a part of the evidence in the case. If
any claimant, after being so directed and notified, fails to appear or
refuses to testify or answer fully as to any material matter within his
knowledge, the court or commissioner may order that the case be not
heard or determined
until he has complied fully with the direction of the court.

(Source: P.A. 83-865.)

(705 ILCS 505/13) (from Ch. 37, par. 439.13)
Sec. 13.

Any judge or commissioner of the court may sit at any place within
the State to take evidence in any case in the court.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/14) (from Ch. 37, par. 439.14)
Sec. 14.

Whenever any fraud against the State of Illinois is practiced or
attempted by any claimant in the proof, statement, establishment, or
allowance of any claim or of any part of any claim, the claim or part
thereof shall be forever barred from prosecution in the court.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/15) (from Ch. 37, par. 439.15)
Sec. 15.

When a decision is rendered against a claimant, the court may grant a
new trial for any reason which, by the law applicable to civil actions
between individuals, would furnish sufficient ground for granting a new
trial. The court by rule may provide a procedure for review of a decision.

(Source: P.A. 83-865.)

(705 ILCS 505/16) (from Ch. 37, par. 439.16)
Sec. 16.
Concurrence of judges.
Concurrence of 4 judges is necessary to
the decision of any
case; provided, however, the court in its discretion may assign any case
to a commissioner for hearing and final decision, subject to whatever right
of review the court by rule may choose to exercise. In matters involving the
award of emergency funds under the Crime Victims Compensation Act, the decision
of one judge is necessary to award emergency funds.

(Source: P.A. 92-286, eff. 1-1-02.)

(705 ILCS 505/17) (from Ch. 37, par. 439.17)
Sec. 17.

Any final determination against the claimant on any claim
prosecuted as provided in this Act shall forever bar any further claim in
the court arising out of the rejected claim.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/18) (from Ch. 37, par. 439.18)
Sec. 18.
The court shall provide, by rule, for the maintenance of separate
records of claims which arise solely due to lapsed appropriations and for
claims for which amount of recovery sought is less than $50,000.
In all
other cases, the court or Commissioner as the case may be, shall file
with its clerk a written opinion in each
case upon final disposition thereof. All opinions shall be compiled and
published annually by the clerk of the court.

(Source: P.A. 100-1124, eff. 11-27-18.)

(705 ILCS 505/19) (from Ch. 37, par. 439.19)
Sec. 19.

The Attorney General, or his assistants under his direction, shall
appear for the defense and protection of the interests of the State of
Illinois in all cases filed in the court, and may make claim for recoupment
by the State.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/20) (from Ch. 37, par. 439.20)
Sec. 20.
(Repealed).

(Source: P.A. 88-567, eff. 1-1-95. Repealed by P.A. 90-492, eff. 8-17-97.)

(705 ILCS 505/21)
(from Ch. 37, par. 439.21)
Sec. 21. The court is authorized to impose, by uniform rules, a fee of $15
for the filing of a petition in any case in which the award sought is more
than $50 and less than $1,000 and $35 in any case in which the award sought
is $1,000 or more; and to charge and collect for copies of opinions or
other documents filed in the Court of Claims such fees as may be prescribed
by the rules of the Court. All fees and charges so collected shall be
forthwith paid into the State Treasury.
A petitioner who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that purports to be a
legal document against the State, the
Illinois Department of Corrections, the Prisoner Review Board, or any of their
officers or employees in which the
court makes a specific finding that it is frivolous shall pay all filing fees
and court costs
in the manner provided in Article XXII of the Code of Civil Procedure.
In claims based upon lapsed appropriations or lost warrant or in claims
filed
under the Line of Duty

Compensation Act,
the Illinois
National Guardsman's Compensation Act, or the Crime
Victims Compensation Act or in claims filed by medical vendors for medical
services rendered by the claimant to persons eligible for Medical Assistance
under programs administered by the Department of Healthcare and Family Services, no filing
fee shall be required.

(Source: P.A. 95-331, eff. 8-21-07.)

(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court and not otherwise sooner
barred by law shall be forever barred from prosecution therein unless it
is filed with the clerk of the court within the time set forth as follows:
(Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

(705 ILCS 505/22-1) (from Ch. 37, par. 439.22-1)
Sec. 22-1.

Within 1 year from the date that such an injury was received or
such a cause of action accrued, any person who is about to commence any
action in the Court of Claims against the State of Illinois, the Medical
Center Commission, the Board of Trustees of the University of Illinois,
the Board of Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western Illinois University, or
the Board of Trustees of the Illinois
Mathematics and Science Academy, for damages on account of any injury to
his person shall file in the office of the Attorney General and also in
the office of the Clerk of the Court of Claims, either by himself, his
agent, or attorney, giving the name of the person to whom the cause of
action has accrued, the name and residence of the person injured, the
date and about the hour of the accident, the place or location where the
accident occurred, a brief description of how the accident occurred, and
the name and address of the attending physician, if any, except as
otherwise provided by the Crime Victims Compensation Act.
In actions for death by wrongful act, neglect or default, the
executor of the estate, or in the event there is no will, the
administrator or other personal representative of the decedent, shall
file within 1 year of the date of death or the date that the
executor or administrator is qualified, whichever occurs later, in the
office of the Attorney General and also in the office of the Clerk of
the Court of Claims, giving the name of the person to whom the cause of
action has accrued, the name and last residence of the decedent, the
date of the accident causing death, the date of the decedent's demise,
the place or location where the accident causing the death occurred, the
date and about the hour of the accident, a brief description of how the
accident occurred, and the names and addresses of the attending
physician and treating hospital if any, except as otherwise provided by
the Crime Victims Compensation Act.
A claimant is not required to file the notice required by this Section if
he
or she files his or her claim within one year of its accrual.

(Source: P.A. 89-4, eff. 1-1-96; 90-492, eff. 8-17-97.)

(705 ILCS 505/22-2) (from Ch. 37, par. 439.22-2)
Sec. 22-2.

If the notice provided for by Section 22-1 is not filed as
provided
in that Section, any such action commenced against the State of
Illinois, the Medical Center Commission, the Board of Trustees of the
University of Illinois, the Board of Trustees of Southern Illinois
University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, the Board of Trustees of Western Illinois University, or
the Board
of Trustees of the Illinois Mathematics and Science Academy, shall be
dismissed and the person to whom any such cause of action accrued for
any personal injury shall be forever barred from further action in the
Court of Claims for such personal injury, except as otherwise provided
by the Crime Victims Compensation Act.

(Source: P.A. 89-4, eff. 1-1-96.)

(705 ILCS 505/23) (from Ch. 37, par. 439.23)
Sec. 23.

It is the policy of the General Assembly to make no appropriation
to pay any claim against the State, cognizable by the court, unless an
award therefor has been made by the court.

(Source: Laws 1945, p. 660.)

(705 ILCS 505/24) (from Ch. 37, par. 439.24)
Sec. 24. Payment of awards.
(1) From funds appropriated by the General Assembly for the purposes
of this Section the Court may direct
immediate payment of:
(2) The court may, from funds specifically appropriated from the General
Revenue Fund for this purpose, direct the payment of awards less than $50,000
solely as a result
of the lapsing of an appropriation originally made from any fund held by the
State Treasurer. For any such award paid from the General Revenue Fund, the
court
shall thereafter seek an appropriation from the fund from which the liability
originally accrued in reimbursement of the General Revenue Fund.
(3) In directing payment of a claim pursuant to the Line of Duty
Compensation Act, the Court must direct the Comptroller to add an interest penalty if payment of a claim is not made within 6 months after a claim is filed in accordance with Section 3 of the Line of Duty
Compensation Act and all information has been submitted as required under Section 4 of the Line of Duty
Compensation Act. If payment is not issued within the 6-month period, an interest penalty of 1% of the amount of the award shall be added for each month or fraction thereof after the end of the 6-month period, until final payment is made. This interest penalty shall be added regardless of whether the payment is not issued within the 6-month period because of the appropriation process, the consideration of the matter by the Court, or any other reason.
(3.5) The interest penalty payment provided for in subsection (3) shall be added to all claims for which benefits were not paid as of the effective date of P.A. 95-928. The interest penalty shall be calculated starting from the effective date of P.A. 95-928, provided that the effective date of P.A. 95-928 is at least 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. In the event that the date 6 months after the date on which the claim was filed is later than the effective date of P.A. 95-928, the Court shall calculate the interest payment penalty starting from the date 6 months after the date on which the claim was filed in accordance with Section 3 of the Line of Duty Compensation Act. This subsection (3.5) of this amendatory Act of the 96th General Assembly is declarative of existing law.
(3.6) In addition to the interest payments provided for in subsections (3) and (3.5), the Court shall direct the Comptroller to add a "catch-up" payment to the claims of eligible claimants. For the purposes of this subsection (3.6), an "eligible claimant" is a claimant whose claim is not paid in the year in which it was filed. For purposes of this subsection (3.6), "'catch-up' payment" is defined as the difference between the amount paid to claimants whose claims were filed in the year in which the eligible claimant's claim is paid and the amount paid to claimants whose claims were filed in the year in which the eligible claimant filed his or her claim. The "catch-up" payment is payable simultaneously with the claim award.
(4)
From funds appropriated by the General Assembly for the purposes of
paying claims under paragraph (c) of Section 8, the court must direct payment
of each claim and the payment must be received by the claimant within 60 days after the date that the funds are appropriated for that purpose.

(Source: P.A. 100-1124, eff. 11-27-18.)

(705 ILCS 505/24.5)
Sec. 24.5. Applicability. This amendatory Act of the 95th General Assembly shall apply to causes of action filed on or after its effective date.

(Source: P.A. 95-970, eff. 9-22-08.)

(705 ILCS 505/25) (from Ch. 37, par. 439.24-5)
Sec. 25.

Any person who files a claim in the court shall, before seeking
final determination of his or her claim exhaust all other remedies and sources of
recovery whether administrative or judicial; except that failure to
file or pursue actions against State employees, acting within the scope of
their employment, shall not be a defense.

(Source: P.A. 83-345.)

(705 ILCS 505/26) (from Ch. 37, par. 439.24-6)
Sec. 26.

The granting of an award under this Act shall constitute full accord and
satisfaction. There shall be but one satisfaction of any claim or cause of
action and any recovery awarded by the court shall be subject to the right
of set-off.

(Source: P.A. 78-255.)

(705 ILCS 505/26-1) (from Ch. 37, par. 439.24-6.1)
Sec. 26-1. Except as otherwise provided herein, the maximum contingent
fee to be charged by an attorney practicing before the Court shall not exceed
20 percent of the amount awarded, which is in excess of the undisputed amount
of the claim, unless further fees shall be allowed by the Court. In cases involving lapsed appropriations or lost warrants
where there is no dispute as to the liability of the respondent, the fee,
if any, for services rendered is to be fixed by the Court at a nominal amount.
Nothing herein applies to awards made under the Line of Duty

Compensation Act or the Illinois National Guardsman's
Compensation Act or the Illinois Uniform Conviction Information Act.

(Source: P.A. 95-331, eff. 8-21-07.)

(705 ILCS 505/27) (from Ch. 37, par. 439.24-7)
Sec. 27.

The provisions of this Act shall be severable, and if any provision of
this Act is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the
remainder of this Act and the applicability thereof to other persons and
circumstances shall not be affected thereby.

(Source: P.A. 78-255.)

(705 ILCS 505/28) (from Ch. 37, par. 439.24-8)
Sec. 28.

This Amendatory Act of 1971 shall apply only to causes of action
accruing on or after January 1, 1972.

(Source: P.A. 77-1777.)

(705 ILCS 505/29) (from Ch. 37, par. 439.24-9)
Sec. 29.

This Act shall be known and may be cited as the "Court of Claims Act".

(Source: P.A. 77-1777.)