In re Marriage of Main, 2020 IL App (2d) 200131

Michael S. Main (pro se) was found indigent by the trial court and granted a waiver of court fees under 735 ILCS 5/5-105; he appealed a dissolution judgment and requested transcripts for eight hearing dates.
Court reporters quoted an estimated cost (~$3,000) and the trial court denied Main’s request to have transcript costs waived, reasoning no statute or rule required the court to pay those costs.
Main moved for reconsideration, argued denial effectively deprived him of an appeal (including liberty interests in parenting time), and asked the court to certify a question about whether a 5-105 fee waiver entitles a pro se litigant to transcript waivers under 5-105.5 and Supreme Court Rule 298.
The trial court found a substantial ground for difference of opinion and certified the question under Ill. S. Ct. R. 308; the appellate court granted leave to answer the certified question.
The appellate court limited review to the legal question whether a self-represented indigent litigant granted a 5-105 waiver is entitled to waiver of transcript costs under Rule 298 (which incorporates 5-105) and 5-105.5.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a self-represented litigant granted a waiver under 735 ILCS 5/5-105 is entitled to a waiver of court-transcript fees (per 735 ILCS 5/5-105.5 and Ill. S. Ct. R. 298).	Main: A 5-105 waiver (and Rule 298) should cover necessary transcript costs for appeal; denying transcripts denies meaningful access to appellate review.	Trial court: No statute or rule requires court administration to pay transcript costs for pro se litigants; 5-105.5 expressly addresses transcripts but applies only to litigants represented by qualifying counsel.	Held: Yes. Rule 298 and 5-105 (read together with 5-105.5) permit waiver of transcript costs for indigent litigants, including pro se, but only for transcripts the trial court deems "necessary" to prosecute, defend, or appeal the action. The case was remanded for the trial court to identify and order necessary transcripts provided without charge.

First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976) (discusses consequences of appellee failing to file a brief and framework for appellate consideration)
Sims v. Sims, 21 Ill. App. 3d 61 (1974) (held certified transcripts must be provided without charge when plaintiff is allowed to proceed as a poor person)
Solon v. Midwest Medical Records Ass'n, 236 Ill. 2d 433 (2010) (statutory interpretation principles; ambiguity and use of extrinsic aids)
J.S.A. v. M.H., 224 Ill. 2d 182 (2007) (statutes must be read as a whole; interpret words in light of related provisions)
Koppel v. Michael, 374 Ill. App. 3d 998 (2007) (absence of record requires presumption that trial court acted correctly)
Foutch v. O'Bryant, 99 Ill. 2d 389 (1984) (appellate review and presumptions when record is incomplete)
In re Marriage of Davis, 292 Ill. App. 3d 802 (1997) (discussion of enforcing orders and scope of appellate review)