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Illinois Compiled Statutes

735 ILCS 5/5-108 (2026)

Plaintiff to recover costs

✓ current as of May 2026
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(735 ILCS 5/5-108) (from Ch. 110, par. 5-108)
    Sec. 5-108. Plaintiff to recover costs. If any person sues in any court of this state in any action for damages personal to the plaintiff, and recovers in such action, then judgment shall be entered in favor of the plaintiff to recover costs against the defendant, to be taxed, and the same shall be recovered and enforced as other judgments for the payment of money, except in the cases hereinafter provided.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 42 cases (9 in the last 5 years), 1999–2026 · leading case: Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003).
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Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003). · cites it 3× “80, pursuant to section 5-108 of the Code of Civil Procedure (Code) (735 ILCS 5/5-108 (West 2000)), and Supreme Court Rule 208 (134 Ill.”
Grauer v. Clare Oaks, 2019 IL App (1st) 180835 (Ill. App. Ct. 2019). · cites it 3× “motion was inadequate to support the requested fees and costs, that the plaintiffs could not recover fees for damages allocated to the wrongful death claims, that the fee award should be reduced to reflect claims on which the plaintiffs were not successful, and that the…”
Koehler v. The Packer Grp., Inc., 2016 IL App (1st) 142767 (Ill. App. Ct. 2016). “735 ILCS 5/5-108 (West 2012). Section 5-108 does not define "costs" or describe categories of costs available, leaving the definition for courts to determine.”
James A. Shula v. Paul D. Lawent & J.V.D.B. Assocs., Inc., 359 F.3d 489 (7th Cir. 2004). · cites it 2× “And even when a case does go to judgment, so that the winning party has an entitlement to an award of costs rather than having to appeal to the judge’s discretion, 735 ILCS 5/5-108, -109, a judicial order is still necessary for a debt to arise.”
DiCosola v. Bowman, 794 N.E.2d 875 (Ill. App. Ct. 2003). “In Vicencio, our supreme court held that "a trial court is neither required by section 5-108 [of the Code of Civil Procedure (735 ILCS 5/5-108 (West *883 2000))] nor permitted by other statute or rule to tax as costs to the losing party the professional fee charged by a nonparty…”
Bhutani v. Barrington Bank & Trust Co., N.A., 2024 IL App (2d) 230162 (Ill. App. Ct. 2024). · cites it 3× “On November 28, 2022, Barrington Bank filed a timely motion to tax costs pursuant to section 5-108 and section 5-109 of the Code of Civil Procedure (Code) (735 ILCS 5/5-108, 5-109 (West 2022)). The motion sought to recover costs for subpoena fees, depositions, and reporting fees…”
Riley Acquisitions, Inc. v. Drexler, 946 N.E.2d 957 (Ill. App. Ct. 2011). “Section 5-109 does not define which costs are recoverable, but the supreme court has interpreted the same term in section 5-108 of the Code of Civil Procedure (735 ILCS 5/5-108 (West 2008)), which is section 5-109's companion section and deals with recovery of costs by…”
Myers v. Bash, 778 N.E.2d 320 (Ill. App. Ct. 2002). “The supreme court is expressly authorized to provide by rule for "the assessment of costs.”
The Employees' Ret. Sys. of The State of Hawaii v. Clarion Partners, LLC, 2017 IL App (1st) 161480 (Ill. App. Ct. 2017). · cites it 2× “Instead, the court, relying on section 5-108 of the Code (735 ILCS 5/5-108 (West 2014)), awarded CP $936 in costs, which represented its filing expenses in the circuit court.”
DiFranco v. Kusar, 2017 IL App (1st) 160533 (Ill. App. Ct. 2017). “67 in "witness fees," which she argues are recoverable under section 5-108 of the Code of Civil Procedure (Code) ( 735 ILCS 5/5-108 (West 2014) ). She argues that these costs were for record requests for medical bills and that "because the records were introduced at trial and…”
Jordan v. Macedo, 2025 IL 130687 (Ill. 2025). · cites it 2× “” The motion sought prejudgment interest on the arbitration award, as well as mandatory statutory costs pursuant to section 5-108 of the Code of Civil Procedure (Code) (735 ILCS 5/5-108 (West 2022)). Specifically, Jordan sought to recover $524.”
Wilson v. Napleton's Goldcoast Imports, Inc., 2025 IL App (3d) 240079 (Ill. App. Ct. 2025). · cites it 2× “Costs ¶ 102 Wilson moved for costs pursuant to section 5-108 of the Code (735 ILCS 5/5-108 (West 2022)) and section 10a(c) of the Act (815 ILCS 505/10a(c) (West 2022)).”
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