ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/5-114 (2026)

Scire facias and prohibition

✓ current as of May 2026
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(735 ILCS 5/5-114) (from Ch. 110, par. 5-114)
    Sec. 5-114. Scire facias and prohibition. In all actions of scire facias, or prohibition, the plaintiff recovering judgment after an answer was filed, or a motion directed to the complaint, shall recover his or her costs of the action. If the action is voluntarily dismissed by the plaintiff or is dismissed for want of prosecution or judgment is entered against the plaintiff, the defendant shall recover his or her costs.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Pra III, LLC v. Hund (Ill. App. Ct. 2006).
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Pra III, LLC v. Hund (Ill. App. Ct. 2006). “The parties filed a stipulated motion to dismiss PRA=s first-amended complaint to collect the debt, acknowledging PRA=s statutorily-required payment of Hund=s costs (735 ILCS 5/5-114 (West 2004)). In that motion, the parties stipulated that Hund=s counterclaim remains pending.”
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