Illinois Compiled Statutes
735 ILCS 5/5-109 (2026)
Defendant to recover costs
✓ current as of May 2026
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(735 ILCS 5/5-109)
(from Ch. 110, par. 5-109)
Sec. 5-109.
Defendant to recover costs.
If any person sues in any
court of this state, in any
action, wherein the plaintiff may have costs in case judgment is
entered in favor of the plaintiff and the action is voluntarily dismissed by the
plaintiff or is dismissed for want of prosecution or judgment is entered
against the plaintiff, then judgment shall be entered in favor of defendant
to recover defendant's costs against the plaintiff (except against executors or
administrators prosecuting in the right of their testator or intestate),
to be taxed, and the costs shall be recovered of the plaintiff, by like
process as the plaintiff may have had against the defendant, in case
judgment had been entered for such plaintiff.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 2000–2023 · leading case: Riley Acquisitions, Inc. v. Drexler, 946 N.E.2d 957 (Ill. App. Ct. 2011).
Riley Acquisitions, Inc. v. Drexler, 946 N.E.2d 957 (Ill. App. Ct. 2011). “Defendant filed a petition for costs under section 5-109 of the Code of Civil Procedure (735 ILCS 5/5-109 (West 2008)), seeking to recoup expenditures on filing fees, subpoena fees, courier fees, photocopying, court reporters, and legal research costs.”
Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003). “Since 1983, the cost-recovery provision has read: "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…”
Moenning v. Union Pac. R.R. Co., 2012 IL App (1st) 101866 (Ill. App. Ct. 2012). “Lerum brought his petition to adjudicate his lien and determine his right to a share of the jury verdict after the notice of appeal from that verdict had been filed.”
The Employees' Ret. Sys. of The State of Hawaii v. Clarion Partners, LLC, 2017 IL App (1st) 161480 (Ill. App. Ct. 2017). “In that motion, CP argued that, under section 5-109 of the Code (735 ILCS 5/5-109 (West 2014)), it was entitled to recover $31,253.”
Myers v. Bash, 778 N.E.2d 320 (Ill. App. Ct. 2002). “735 ILCS 5/5-109 (West 2000). The supreme court is expressly authorized to provide by rule for "the assessment of costs.”
Crim v. Dietrich, 2016 IL App (4th) 150843 (Ill. App. Ct. 2016). “The court later imposed costs on the Crims as permitted by section 5-109 of the Code of Civil Procedure (Code) (735 ILCS 5/5-109 (West 2014)). ¶3 The Crims appeal, arguing that the trial court erred by (1) granting Dietrich a di- rected verdict on the issue of informed consent…”
The Employees' Ret. Sys. of The State of Hawaii v. Clarion Partners, LLC, 2017 IL App (1st) 161480 (Ill. App. Ct. 2017). “In that motion, CP argued that, under section 5-109 of the Code (735 ILCS 5/5-109 (West 2014)), it was entitled to recover $31,253.”
Crim v. Dietrich, 2016 IL App (4th) 150843 (Ill. App. Ct. 2017). “The court later imposed costs on the Crims as permitted by section 5-109 of the Code of Civil Procedure (Code) (735 ILCS 5/5-109 (West 2014)). ¶3 The Crims appeal, arguing that the trial court erred by (1) granting Dietrich a directed verdict on the issue of informed consent and…”
Kotara, LLC v. Schneider, 2018 IL App (3d) 160525 (Ill. App. Ct. 2018). “Plaintiffs assert that the trial court correctly interpreted the term, “costs,” in the mandamus statute in a narrow manner as was consistent with the interpretation that is given to the term under section 5-109 of the Code of Civil Procedure (Code) (735 ILCS 5/5-109 ( West 2014…”
Kotara, LLC v. Schneider, 2018 IL App (3d) 160525 (Ill. App. Ct. 2018). “Plaintiffs assert that the trial court correctly interpreted the term, "costs," in the mandamus statute in a narrow manner as was consistent with the interpretation that is given to the term under section 5-109 of the Code of Civil Procedure (Code) ( 735 ILCS 5/5-109 ( West 2014…”
Moline v. Vyas, 870 N.E.2d 431 (Ill. App. Ct. 2007). “" 735 ILCS 5/1-105 (West 2004). Supreme Court Rule 208 (134 Ill.2d R.”
MOENNING v. Union Pac. R. Co., 966 N.E.2d 443 (Ill. App. Ct. 2012). “Lerum brought his petition to adjudicate his lien and determine his right to a share of the jury verdict after the notice of appeal from that verdict had been filed. The Attorneys Lien Act does not set forth a time for bringing a petition to adjudicate, but does require a…”
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